Bec.

1470.90 Standard Form of Contractor's Report. 1470.91 Statement of Non-Applicability of the Renegotiation Act of 1951, as amended.

AUTHORITY: Sections 1470.1 to 1470.91 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 Tefuses 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 negotiable 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. For fiscal years ending on or before June 30, 1956, the Standard Form of Contractor's Report is composed of two parts (RB Form 1 and RB Form 1B). See § 1470.90 (a) and (b). 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 prescribed for construction contractors, architects, and engineers. Such contractors shall adapt the Standard Form of Contractor's Report to their particular needs.

(b) When renegotiable sales are less than statutory "floor".-In accordance with the requirements of the first sentence of section 105 (e)(1) of the act, the "Statement of NonApplicability of the Renegotiation Act of 1951, as amended," is hereby prescribed as the form of financial statement for use by any 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 do not exceed the applicable minimum amount for renegotiation prescribed in section 105(f) (1) or (2) of the act. As set forth in § 1470.91(a) of this subchapter, this Statement is required to be filed by every such person with respect to any fiscal year ending on or before June 30, 1956. As set forth in 1470.91 (b) of this subchapter, this Statement may be filed by any such person, at his election, with respect to any fiscal year ending after June 30, 1956.

(c) Sufficiency of contents.-The Standard Form of Contractor's Report is required to be prepared in accordance with the instructions contained therein. 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.

(d) Time for filing.-(1) Fiscal years ending on or before June 30, 1956.-Except as otherwise provided in § 1467.4(d) (2) of this subchapter with respect to fiscal years ending on or before June 30, 1956, the Standard Form of Contractor's Report, including both RB Form 1 and RB Form 1B, or the Statement of NonApplicability, whichever is appropriate, shall be filed on or before the first day of the fifth calendar month following the close of the fiscal year of the contractor, whether or not any specific request for filing has been made.

(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 specific request for filing has been made. Any contractor who is entitled to file the Statement of NonApplicability 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.

(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 1472.5 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 data which are determined by the Board to be necessary to carry out its repsonsibilities under the act. If the Board specifically requests any prime contractor or subcontractor to furnish any information, records, or data which are determined by the Board to be necessary to carry out the provisions of the act, such prime contractor or subcontractor will be required to furnish such information, records, or data whether or not he has filed a Standard Form of Contractor's Report or a Statement of NonApplicability. The Board will not exercise this authority 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 subcontractor to furnish any information,

records, or data, for the purpose of enabling the Board to determine 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 consolidated basis (see Part 1464) may satisfy the requirements for the filing of the financial statement 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 Contractor's Report. If each member of an affiliated or related group is entitled to file a Statement of

Non-Applicability pursuant to the second sentence 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 statement of the consolidated financial information of the group made in the same manner as if the group were a single contractor, and (2) a consolidating 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.