Page:United States Statutes at Large Volume 89.djvu/1156

 89 STAT. 1096

Request for '^^'i^f' documentation and certification.

PUBLIC LAW 94-190~DEC. 31, 1975 (1)(a) the agency would reprocure the supplies or services in the event that the contract was terminated for the convenience of the Government; and (b) the cost of terminating the contract for the convenience of the Government plus the cost of reprocurement would exceed the amount of the contract as modified; and (2) Any such modification shall be made in compliance with cost comparison and compensation guidelines to be issued by the Administrator of the Office of Federal Procurement Policy. Such cost comparison and compensation guidelines shall be promulgated by the Administrator not later than 10 days after enactment of this Act. (c) If a small business concern in performance of a fixed-price Government contract experiences or has experienced shortages of energy, petroleum products, Or products or components manufactured or derived therefrom or impacted thereby, and such shortages result in a delay in the performance of a contract, the head of the agency, or his designee, shall provide by modification to the contract for an appropriate extension of the contract delivery date or period of performance. (d) A small business concern requesting relief under subsection (a) shall support that request with the following documentation and certification: (1) a brief description of the contract, indicating the date of execution and of any amendment thereto, the items being procured, the price and delivery schedule, and any revision thereof, and any other special contractual provision as may be relevant to the request; (2) a history of performance indicating when work under the contract or commitment was begun, the progress made as of the date of the application, an exact statement of the contractor's remaining obligations, and the contractor's expectations regarding completion thereof; (3) a statement of the factors which have caused the loss under the contract; (4) a statement as to the course of events anticipated if the request is denied; (5) a statement of payments received, payments due and payments yet to be received or to become due, including advance and progress payments, and amounts withheld by the Government, and information as to other obligations of the Government, if any, which are yet to be performed under the contract; (6) a statement and evidence of the contractor's original breakdown of estimated costs, including contingency allowances and profit; (T) a statement and evidence of the contractor's present estimate of total costs under the contract if enabled to complete, broken down between costs accrued to date of request, and runout costs, and as between costs for which the contractor has made payment and those for which he is indebted at the time of the request; (8) a statement and evidence of the contractor's estimate of the final price of the contract, giving effect to all escalation, changes, extras, and other comparable factors known or contemplated by the contractor;

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