(2) Cash receipts and disbursements method of accounting.-If a contractor, pursuant to § 1459.1 (b) of this subchapter, employed a cash receipts and disbursements method of accounting for the fiscal year of the contractor which included the date of termination, only those amounts received on or before the date of termination will be considered to be attributable to performance on or before the date of termination. (3) Other methods of accounting.—If a contractor, pursuant to § 1459.1 (b) of this subchapter, employed for the fiscal year of the contractor which included the date of termination a method of accounting other than one of the methods described in subparagraphs (1) and (2) of this paragraph, only those amounts accrued or properly accruable on or before the date of termination will be considered to be attributable to performance on or before the date of termination. (4) When accounting method does not properly reflect renegotiable receipts.-The Board may determine that additional amounts received or accrued by a contractor after the date of termination are attributable to performance on or before the date of termination when, in the opinion of the Board, the amounts received or accrued on or before the date of termination are disproportionate to the performance of the contractor on or before such date. For example, if a manufacturer's representative employs a cash receipts and disbursements method of accounting and if his receipts on or before the date of termination are substantially out of proportion to services performed by him on or before the date of termination, amounts received after the date of termination which are referable to such services will be determined to be attributable to performance on or before the date of termination. (d) Costs paid or incurred.-Costs paid or incurred after the date of termination will be allowed in renegotiation in accordance with the provisions of Part 1459 of this subchapter to the extent that they are paid or incurred in respect of receipts or accruals to which the act applies. Costs paid or incurred on or before the date of termination will not be allowed in renegotiation to the extent that they are paid or incurred in respect of receipts or accruals to which the act does not apply by virtue of section 102(c) thereof and this part. (e) Costs to be paid or incurred.—With respect to costs which are determined by the Board to be reasonably allocable to performance before the close of the date of termination, but which have not been paid or incurred prior to the completion of renegotiation for the fiscal year of the contractor in which the date of termination accurs, if it reasonably anticipated that such costs will thereafter be paid or incurred, the following rules will be observed: (1) If the renegotiation for such fiscal year is concluded by agreement, such costs will be estimated and the amount thereof which is determined by the Board to be reasonably allocable to performance before the close of the date of termination will be allowed conditionally, and there will be included in the agreement an appropriate clause providing for the repayment, as additional excessive profits, of any portion of such amount not thereafter actually paid or incurred by the contractor within two years after the date of termination. (2) If the renegotiation for such fiscal year is concluded by order, such estimated costs will not be allowed. However, the risk that the contractor will thereafter be required to pay such costs will be taken into consideration under § 1460.12 of this subchapter. (f) Limitation on post-termination costs.Notwithstanding the provisions of paragraphs (d) and (e) of this section, no cost which has not been paid or incurred within two years after the date of termination will be allocated to peformance before the close of the date of termination. If, at the time of renegotiation, it appears that a cost has been or is likely to be paid or incurred more than two years after the date of termination, consideration will be given thereto under § 1460.12 of this subchapter together with the other risks assumed by the contractor. The determination of when a cost is paid or incurred shall be made in accordance with the method of accounting employed by the contractor for purposes of renegotiation. The time limitation specified in the first sentence of this subparagraph shall not apply to costs which are accounted for by the completed contract method of accounting. Information Required of Contractors Filing of financial statement. FORMS AND INSTRUCTIONS 1470.90 Standard Form of Contractor's Report. 1470.91 Statement of Non-Applicability of the Renegotiation Act of 1951, as amended. 1470.92 Instructions for filing. AUTHORITY: Sections 1470.1 to 1470.92 issued under section 109, Pub. Law 9, 82d Cong. Interpret or apply section 105, Pub. Law 9, 82d Cong. 1470.1 Scope of part.-This part deals with the filing of financial statements required of contractors or elected to be filed by contractors, and other information. 1470.2 Statutory provision.-Section 105 (e) (1) of the act provides as follows: Furnishing of financial statements, etc.-Every person who holds contracts or subcontracts, to which the provisions of this title are applicable, shall, in such form and detail as the Board may by regulations prescribe, file with the Board, on or before the first day of the fifth calendar month following the close of his fiscal year, a financial statement setting forth such information as the Board may by regulations prescribe as necessary to carry out this title. [In addition to the statement required under the preceding sentence, every such person shall at such time or times and in such form and detail as the Board may by regulations prescribe, furnish the Board any information, records, or data which are determined by the Board to be necessary to carry out this title. Any person who willfully fails or refuses to furnish any statement, information, records, or data required of him under this subsection, or who knowingly furnishes any such statement, information, records, or data containing information which is false or misleading in any material respect, shall, upon conviction thereof, be punished by a fine of not more than $10,000 or imprisonment for not more than one year, or both.] The preceding sentence shall not apply to any such person with respect to a fiscal year if the aggregate of the amounts received or accrued under such contracts and subcontracts during such fiscal year by him, and all persons under control of or controlling or under common control with him, is not more than the applicable amount prescribed in subsection (f) (1) or (2) of this section; but any person to whom this sentence applies may, if he so elects, file with the Board for such fiscal year a financial statement setting forth such information as the Board may by regulations prescribe as necessary to carry out this title. The Board may require any person who holds contracts or subcontracts to which the provisions of this title are applicable (whether or not such person has filed a financial statement under this paragraph) to furnish any information, records, or data which are determined by the Board to be necessary to carry out this title and which the Board specifically requests such person to furnish. Such information, records, or data may not be required with respect to any fiscal year after the date on which all liabilities of such persons for excessive profits received or accrued during such fiscal year are discharged. Any person who willfully fails or refuses to furnish any statement, information, records, or data required of him under this subsection, or who knowingly furnishes any statement, information, records, or data pursuant to this subsection containing information which is false or misleading in any material respect, shall, upon conviction thereof, be punished by a fine of not more than $10,000 or imprisonment for not more than one year, or both. [Matter in brackets deleted by Pub. Law 870, 84th Cong., approved August 1, 1956, which also added matter in italics, applicable only to fiscal years ending after June 30, 1956.] 1470.3 Filing of financial statement.-(a) When renegotiable sales exceed statutory "floor."-In accordance with the requirements of the first sentence of section 105 (e) (1) of the act, the "Standard Form of Contractor's Report" (as set forth in § 1470.90) is hereby prescribed as the form of financial statement required to be filed by every person who holds renegotiable prime contracts or subcontracts when the aggregate renegotiable receipts or accruals of such person and all other persons under control of or controlling or under common control with such person exceed the applicable minimum amount for renegotiation prescribed in section 105 (f) (1) or (2) of the act. This includes brokers and manufacturers' agents and others whose principal business falls within the definition of subcontracts set forth in section 103 (g) (3) of the act. (Next two sentences removed to Appendix.) For fiscal years ending after June 30, 1956, the Standard Form of Contractor's Report is composed of RB Form 1 only. See § 1470.90 (c). No special form is (b) When renegotiable sales are less than (c) Sufficiency of contents.-The Standard Form of Contractor's Report is required to be completed in accordance with the instructions therefor. However, if any of the information called for by the Standard Form of Contractor's Report for a fiscal year has been furnished previously by the contractor to the Board, the contractor may complete the Standard Form of Contractor's Report by incorporating therein, by reference, the information so furnished and making a specific statement of the time and place of such filing. The Statement of NonApplicability, when it is to be filed, should be completed in accordance with the instructions therefor. (d) Time for filing.-(1) Fiscal years ending on or before June 30, 1956.-Removed to Appendix. (2) Fiscal years ending after June 30, 1956. -Except as otherwise provided in § 1467.31 (d) of this subchapter with respect to fiscal years ending after June 30, 1956, every contractor who is required to file a financial statement for any such fiscal year shall file the Standard Form of Contractor's Report (RB Form 1 as set forth in § 1470.90 (c)) on or before the first day of the fifth calendar month following the close of such fiscal year, whether or not any spe cific request for filing has been made. Any contractor who is entitled to file the Statement of Non-Applicability for any such fiscal year, and who elects so to do, shall file such statement on or before the first day of the fifth calendar month following the close of such fiscal year. (3) When time to file income tax return has been extended. Notwithstanding any other provisions of this paragraph (d), if a contractor is required to file the Standard Form of Contractor's Report for a fiscal year, and the time of such contractor to file a Federal income tax return for such fiscal year shall have been extended by the Internal Revenue Service, such contractor shall not be required to file the Standard Form of Contractor's Report with respect to such fiscal year until fifteen (15) days after the extended due date fixed in the document evidencing such extension of time, provided that a copy of such document is filed with the Board on or before the date when, but for the provisions of this sentence, the contractor would have been required to file the Standard Form of Contractor's Report with respect to such fiscal year. Unless the Federal income tax return of the contractor for such fiscal year shall have been filed before the extended due date fixed in such document, a Standard Form of Contractor's Report for such fiscal year filed before such extended due date may be returned to the contractor, and if so returned will not constitute the filing of a financial statement under section 105 (e) of the Act and will not commence the running of the 1-year period of limitations prescribed in section 105 (c) of the Act. (e) Filing rules.-General rules applicable to the time, place, and manner of filing the Standard Form of Contractor's Report and the Statement of Non-Applicability are set forth in section 1472.6 of this subchapter. (f) Availability of forms.-Copies of the Standard Form of Contractor's Report and the Statement of Non-Applicability may be obtained from The Renegotiation Board, Washington 25, D.C. (g) Effect of filing.-The filing of a Standard Form of Contractor's Report or a Statement of Non-Applicability in accordance with the provisions of this section will not relieve any prime contractor or subcontractor of the duty to furnish such other information, records, or § 1472.5 Notice of Points for Presentation. (a) Time for mailing.-Prior to the meeting with the contractor prescribed by § 1472.4, the contractor shall be entitled to receive a Notice of Points for Presentation. In the absence of unusual circumstances, such notice will be mailed to the contractor not less than 10 days before the date fixed for such meeting. (b) Purpose. The purpose of the Notice of Points for Presentation is to enable the contractor to prepare for the meeting with the Board division, and to address itself in particular at such meeting to the points or matters on which presentation is desired by the division. (c) Contents.-The Notice of Points for Presentation will set forth, in summary form, the points or matters on which presentation is desired by the Board division, and will state that, although the contractor will have the opportunity to present and discuss with the division any matters which the contractor considers pertinent, the contractor will be expected to deal specifically and in appropriate detail with the points or matters set forth in the notice. Such points or matters may relate to facts, law, accounting, factor evaluation, or other aspects of the case. Every reasonable effort will be made to set forth in the notice the points or matters with respect to which it is believed that presentation will be helpful to the division in its consideration of the case. (d) Effect. The mailing of the Notice of Points for Presentation will not limit or otherwise affect the authority of the Board, in determining excessive profits of the contractor, to take into consideration any points or matters pertinent to such determination, whether set forth in the notice or not. The Notice of Points for Presentation is not and is not to be construed as the statement furnished pursuant to § 1477.2 or the summary furnished pursuant to § 1477.3 of this subchapter, and the mailing of such notice shall not affect the right of the contractor to request such statement or such summary in accordance with the provisions of such sections. 1472.6 Filing of information and requests by contractor.-(a) Scope of section. This section prescribes general rules applicable to the time, place, and manner of filing information and requests in connection with re 3-1-67 negotiation proceedings. As used in this section, the term "filing" means the submission by the contractor of any such information or requests. (b) (1) Information.-Every prime contractor or subcontractor who is required by the first sentence of section 105 (e) (1) of the act to file a financial statement with the Board for a fiscal year is required to file the information prescribed by Part 1470 of this subchapter to be contained in the Standard Form of Contractor's Report. Any prime contractor or subcontractor who elects to file a financial statement with the Board for a fiscal year pursuant to the second sentence of section 105 (e)(1) of the act may file the Statement of Non-Applicability. Any prime contractor or subcontractor, whether or not he has filed a Standard Form of Contractor's Report or a Statement of Non-Applicability, may be required by the Board to file any information, records or data which are determined by the Board or a Regional Board to be necessary to carry out the provisions of the act, (2) Requests.-Requests which may be filed by the contractor include the following: Request for combined renegotiation, as provided in § 1457.2 of this subchapter; requests for renegotiation on a consolidated basis, as provided in Part 1464 and § 1470.3 (h) of this subchapter; requests for review of determination in a Class B case, as provided in § 1475.3 (b) of this subchapter; and requests for statements of determination, facts and reasons, as provided in §§ 1477.2 and 1477.3 of this subchapter, respectively. (c) Form and contents for filings.-(1) General. When no particular form for a filing is requested by the Board or a Regional Board or is prescribed in this subchapter, information or requests shall be filed in the form of a letter, telegram or other writing. Every filing shall contain the name and address of the contractor and a reference to the fiscal year or period to which the filing relates. (2) Amended filings.-If the contractor discovers an error or omission in information already filed pursuant to section 105 (e) of the act, or if the contractor obtains new information materially affecting information which was filed pursuant to section 105(e) of the act, the contractor shall file full and correct information forthwith. In the event that the contractor discovers a material error in the Standard Form of Contractor's Report after filing but before receiving notice of assignment (see § 147.2 (c) of this subchapter) for the fiscal year to which such filing relates, the contractor shall file an amended Standard Form of Contractor's Report, or portion thereof, indicating the changes contained therein. The Board or a Regional Board may accept or reject, at its discretion, any amended filing received after the period of time for filing (see paragraph (e) of this section), but such amended filing will normally be accepted if the Board or Regional Board considers that the proper conduct of a renegotiation proceeding is facilitated thereby. (d) Place for filing.—(1) Principal offices. Eastern Regional Renegotiation Board, 1634 Eye Street Western Regional Renegotiation Board, 300 North Los (2) Filing of information.-The Standard Form of Contractor's Report or the Statement of Non-Applicability, if such latter form is appropriate and the contarctor elects to file the same, shall be filed with the Director, Office of Assignments, of the Board at the principal office of the Board. Such other information, records, or data which are determined to be necessary in renegotiation proceedings shall be filed at the place designated by the Board or Regional Board, as the case may be. (3) Filing of certain requests with Board.The request for review of determination in a Class B case, as provided in § 1475.3 (b) of this subchapter, and requests for statements of determination, facts and reasons, when directed to the Board pursuant to § 1477.2 or § 1477.3 of this subchapter, shall be filed with the Secretary to the Board at the principal office of the Board. (4) Filing of certain requests with Regional Boards. Requests for statements of determination, facts and reasons, when directed to a Regional Board pursuant to § 1477.2 or § 1477.3 of this subchapter, shall be filed with the Director, Division of Administration, of such Regional Board at the office of such Regional Board, (e) Time for filing.-(1) General.-Time limitations are prescribed in this subchapter for the filing of certain information and requests by the contractor, subject to the provisions of subparagraph (4) of this paragraph relating to extensions of time. Where no such time limitation is prescribed, the information or request shall be filed within a reasonable time. Filings will be considered made when received at the place prescribed in this subchapter. Filings shall be made during hours of business, as set forth in subparagraph (2) of this paragraph, and within the appropriate period of time computed according to the provisions of subparagraph (3) of this paragraph. (2) Hours of business.-The offices of the Board and of Regional Boards are open every day except Saturdays, Sundays and holidays. The hours of business of such offices are from 8:30 a.m. to 5 p.m., standard time or daylight saving time, as applicable in the time zone and city in which each such office is located, except that the hours of business of the Western Regional Renegotiation Board are from 8 a.m. to 4:30 p.m. (3) Computation of time.-In computing periods of time prescribed for filing of information or requests by the contractor, the day of the act, event or default after which such period begins to run is not included. If such period is described in calendar months (see § 1470.3 (d) of this subchapter), the month in which such day occurs is not included. The last day of the period so computed is included, unless it is a Saturday, Sunday or legal holiday in the District of Columbia, in which case the period runs until the close of business of the next day which is not a Saturday, Sunday or holiday. (4) Extensions of time.-When the time for filing any information or requests is fixed by the act or these regulations, or by the Board or a Regional Board, or by assigned personnel acting on behalf of the Board or a Regional Board, no extension of time to make such filing will be granted except upon the written request of the contractor for good cause. Notwithstanding the preceding sentence, the time for filing a request for review of a determination in a Class B case, as provided in § 1475.3 (b) of this subchapter, is not subject to extension. |