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lated by mutual agreement, the Board determines that any article or service for which exemption has been claimed by the contractor in the Application for Commercial Exemption is not an article or service to which the exemption applies, the Board will give written notice of such determination to the contractor and will advise the contractor that its sales of such article or service in the fiscal year under review are not exempt under section 106(e) of the act.

1467.61 Exemption not applicable to related subcontracts. The exemption provided in section 106(e) of the act is limited to prime contracts and subcontracts meeting the conditions prescribed in said subsection (e). The exemption is not derivative; it does not apply au

tomatically to any other subcontract merely because of its relation to a prime contract or higher-tier subcontract that is within the exemption. With respect to any such other subcontract, the exemption, if claimed, must be independently established. Section 106(a) (7) of the act, which exempts subcontracts under certain exempt prime contracts or subcontracts, does not apply to subcontracts under prime contracts or subcontracts exempted under section 106(e) of the act (see $ 1453.6 of this subchapter). Receipts or accruals of a broker or manufacturer's agent are not exempt under section 106(e) even though such amounts are referable to a prime contract or subcontract which is exempt thereunder (see $ 1490.6(f) of this subchapter)

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12-10-68

Part 1470

Information Required of Contractors

Sec.

ment setting forth such information as the Board may 1470.1 Scope of part.

by regulations prescribe as necessary to carry out this 1470.2 Statutory provision.

title. The Board may require any person who holds 1470.3 Filing of financial statement.

contracts or subcontracts to which the provisions of FORMS AND INSTRUCTIONS

this title are applicable (whether or not such person 1470.90 Standard Form of Contractor's Report.

has filed a financial statement under this paragraph) 1470.91 Statement of Non-Applicability of the Rene

to furnish any information, records, or data which are gotiation Act of 1951, as amended.

determined by the Board to be necessary to carry out 1470.92 Forms and instructions for filing renegotia

this title and which the Board specifically requests tion reports.

such person to furnish. Such information, records, or

data may not be required with respect to any fiscal AUTHORITY : Sections 1470.1 to 1470.92 issued under

year after the date on which all liabilities of such section 109, Pub, Law 9, 82d Cong. Interpret or apply

persons for excessive profits received or, accrued dursection 105, Pub. Law 9, 82d Cong.

ing such fiscal year are discharged. Any person who 1470.1 Scope of part.

This part deals with willfully fails or refuses to furnish any statement, inthe filing of financial statements requirerl of formation, records, or data required of him under contractors or elected to be filed by contractors,

this subsection, or who knowingly furnishes any

statement, information, records, or data pursuant to and other information.

this subsection containing information which is false 1470.2 Statutory provision. Section 105

or misleading in any material respect, shall, upon con(e)(1) of the act provides as follows:

viction thereof, be punished by a fine of not more than

$10,000 or imprisonment for not more than one year, or Furnishing of financial statements, etc.--Every per

both. (Matter in brackets deleted by Pub. Law 870, 84th son who holds contracts or subcontracts, to which the

Cong., approved August 1, 1956, which also added provisions of this title are applicable, shall, in such

matter in italics, applicable only to fiscal years ending form and detail as the Board may by regulations pre

after June 30, 1956.) scribe, file with the Board, on or before the first day of the fifth calendar month following the close of his fiscal 1470.3 Filing of financial statement.(a) year, a financial statement setting forth such informa- When renegotiable sales exceed statutory tion as the Board may by regulations prescribe as

"floor."-In accordance with the requirements necessary to carry out this title. (In addition to the

of the first sentence of section 105(e) (1) of the statement required under the preceding sentence, every such person shall at such time or times and in act, the "Standard Form of Contractor's Resuch form and detail as the Board may by regulations port” (as set forth in 8 1470.90) is hereby preprescribe, furnish the Board any information, records, scribed as the form of financial statement or data which are determined by the Board to be

required to be filed by every person who holds necessary to carry out this title. Any person who willfully fails or refuses to furnish any statement, infor

renegotiable prime contracts or subcontracts mation, records, or data required of him under this

when the aggregate renegotiable receipts or acsubsection, or who knowingly furnishes any such state cruals of such person and all other persons ment, information, records, or data containing infor- under control of or controlling or under commation which is false or misleading in any material

mon control with such person exceed the applirespect, shall, upon conviction thereof, be punished by a fine of not more than $10,000 or imprisonment for not

cable minimum amount for renegotiation more than one year, or both.] The preceding sentence prescribed in section 105 (f) (1) or (2) of the shall not apply to any such person with respect to a act. This includes brokers and manufacturers fiscal year if the aggregate of the amounts received or accrued under such contracts and subcontracts during

agents and others whose principal business falls such fiscal year by him, and all persons under control

within the definition of subcontracts set forth of or controlling or under common control with him, is in section 103(g)(3) of the act. (Next two not more than the applicable amount prescribed in sub

sentences removed to Appendix.) For fiscal section (f) (1) or (2) of this section; but any person to whom this sentence applies may, if he 80 elect8,

years ending after June 30, 1956, the Standard file with the Board for such fiscal year a financial state

Form of Contractor's Report is composed of

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RB Form 1 only. See $ 1470.90(c). No special Form of Contractor's Report is required to be
form is prescribed for construction contractors, completed in accordance with the instructions
architects, and engineers. Such contractors therefor. However, if any of the information
shall adapt the Standard Form of Contractor's called for by the Standard Form of Contrac-
Report to their particular needs. If the con- tor's Report or a fiscal year has been furnished
tractor has self-applied the exemption for previously by the contractor to the Board, the
standard commercial articles provided in sec- contractor may complete the Standard Forma of
tion 106(e) (1) (A) of the act, he shall, upon Contractor's Report by incorporating therein,
request of the Board, file a Supplemental Re- by reference, the information so furnished and
port of Self-Exemption as provided in § 1467.- making a specific statement of the time and
50 of this subchapter. Such report shall be filed place of such filing. The Statement of Non-Ap-
either before or with the filing of the Standard plicability, when it is to be filed, should be com-
Form of Contractor's Report (see $ 1467.50 pleted in accordance with the instructions
(c)).

therefor.
(b) When renegotiable sales are less than (d) Time for filing.--(1) Fiscal years end-
statutory "floor.In accordance with the re- ing on or before June 30, 1956.-Remove to
quirements of the first sentence of section 105 Appendix.
(e) (1) of the act, the “Statement of Non- (2) Fiscal year ending after June 30, 1956.-
Applicability of the Renegotiation Act of 1951, Except as otherwise provided in $ 1467.31(d)
as amended,” is hereby prescribed as the form of this subchapter with respect to fiscal years
of financial statement for use by any person

who ending after June 30, 1956, every contractor holds renegotiable prime contracts or subcon- who is required to file a financial statement for tracts when the aggregate renegotiable receipts any such fiscal year shall file the Standard or accruals of such person and all other persons Form of Contractor's Report (RB Form 1 as under control of or controlling or under com- set forth in § 1470.90(c)) on or before the first mon control with such person do not exceed the day of the fifth calendar month following the applicable minimum amount for renegotiation close of such fiscal year, whether or not any prescribed in section 105(f) (1) or (2) of the specific request for filing has been made. Any act. (Next sentence removed to Appendix.) As contractor who is entitled to file the Statement set forth in § 1470.91 (b) of this subchapter, this of Non-Applicability for any such fiscal year, Statement may be filed by any such person, at and who elects so to do, shall file such statement his election, with respect to any fiscal year end- on or before the first day of the fifth calendar ing after June 30, 1956. When, but for the ex- month following the close of such fiscal year. emption for standard commercial articles pro- (3) When time to file income tax return has vided in section 106(e)(1)(A) of the act, a been extended.-Notwithstanding any other contractor would be required to file the Stand- provisions of this paragraph (d), if a contracard Form of Contractor's Report pursuant to tor is required to file the Standard Form of paragraph (a) of this section, such contractor Contractor's Report for a fiscal year, and the shall file a Report of Self-Exemption as pro- time of such contractor to file a Federal income vided in $ 1467.49 of this subchapter, unless tax return for such fiscal year shall have been exwithin the time provided therefor he files a tended by the Internal Revenue Service, such Statement of Non-Applicability pursuant to contractor shall not be required to file the this paragraph (b). If, thereafter, the Board re- Standard Form of Contractor's Report with requests the contractor to file a Supplemental Re- spect to such fiscal year until fifteen (15) days port of Self-Exemption, he shall file such report after the extended due date fixed in the docunot later than the date specified in such request. ment evidencing such extension of time, pro

(c) Sufficiency of contents. The Standard vided that a copy of such document is filed with

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12-10-68

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 un-
der section 105(e) of the act and will not com-
mence the running of the 1-year period of limi-
ations 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 State. ment 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 ob-
tained from The Renegotiation Board, Wash-
ington 25, D.C.

(g) Effect of filing.—The filing of a Stand-
ard Form of Contractor's Report or a State-
ment 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 data which are determined by the Board to be
necessary to carry out its responsibilities under
the act. If the Board specifically requests any
prime contractor or subcontractor to furnish
any information, records, or data which are de-
termined by the Board to be necessary to carry
out the provisions of the act, such prime con-
tractor or subcontractor will be required to fur-
nish such information, records, or data whether
or not he has filed a Standard Form of Contrac-
tor's Report or a Statement of Non-Applica-
bility. The Board will not exercise this au-
thority with respect to a prime contractor or
subcontractor who has made no filing or who has
filed a Statement of Non-Applicability, except
where the Board has reason to believe that such
prime contractor or subcontractor is required to
file the Standard Form of Contractor's Report
for the fiscal year in question. The Board will
not require any prime contractor or subcontrac-

tor to furnish any information, records, or data,
for the purpose of enabling the Board to de-
termine excessive profits for a fiscal year, after
the date on which all liabilities of the prime
contractor or subcontractor for excessive profits
received or accrued during such fiscal year have
been discharged (see Part 1465 of this
subchapter).

(h) Filing on a consolidated basis.-A group
which qualifies for renegotiation on a consoli-
dated basis (see Part 1464) may satisfy the re-
quirements for the filing of the financial state-
ment prescribed by the first sentence of section
105(e) (1) of the act by filing a consolidated
Standard Form of Contractor's Report if such
group makes a request for renegotiation on a
consolidated basis at the time of or before filing
such consolidated Standard Form of Contrac-
tor's Report. If each member of an affiliated or
related group is entitled to file a Statement of
Non-Applicability pursuant to the second sen-
tence of section 105(e)(1) of the act, such
group may, if it so elects, file a consolidated
Statement of Non-Applicability: Provided,
That the fiscal years of all members of such
group begin and end respectively on the same
dates. A consolidated Standard Form of
Contractor's Report shall include (1) a state-
ment of the consolidated financial information
of the group made in the same manner as if the
group were a single contractor, and (2) a con-
solidating income account showing separately
the renegotiable and nonrenegotiable business
of each member of the group in the detail
specified in such form. Notwithstanding the
foregoing, each member of such group shall file
a separate and complete Standard Form of
Contractor's Report.

FORMS AND INSTRUCTIONS

1470.90 Standard Form of Contractor's Report.—Copies of the Standard Form of Contractor's Report prescribed in 1470.3(a) may be obtained from the Board and the Regional Boards (see 88 1470.92 and 1472.6(d)(1) of this subchapter).

(a) For fiscal years ending before June 30, 1953.-Removed to Appendix.

(b) For fiscal year ending on or after June 30, 1953, but not later than June 30, 1956. Removed to Appendix.

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7. ADJ. FROM BOOKS TO TAX BASIS

(41. Sched.)
8. TOTAL COSTS & EXPENSES
9. OPERATING PROFIT OR (LOSS)
10. OTHER INCOME & (DEDUCTIONS)

NET, ALLOCABLE IN WHOLE OR
PART TO RENEGOTIABLE BUSINESS

(Attach Schedule)
11. NET PROFIT FOR RENEGOTIATION

BEFORE STATE INCOME TAXES
12. OTHER INCOME & (DEDUCTIONS)

NET, ALLOCABLE WHOLLY TO NON-
RENEGOTIABLE BUSINESS

(Attach Schedule)
13. STATE TAXES MEASURED BY

INCOME
14. NET INCOME PER TA RETURN
15. SPECIAL ITEMS IN LINES 2-7:

a. Research & Development Expense
b. Total Officers' Compensation
c. Approx. Subcontracting in Line 20. Above

Sec. II, Segregation of Sales and Allocation of Costs and Expenses (Instruction II)

WE ATTACH A FULL DESCRIPTION OF THE METHODS USED IN: (a) Segregating sales between renegotiable and non-renegotiable, including the method of determining exempt sales and the amounts

thereof by type. (b) Allocating cost of goods sold and expenses between renegotiable and non-renegotiable business.

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