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1470.91 Statement of Non-Applicability of the Renegotiation Act of 1951, as amended.(a) For fiscal years ending on or before June 30, 1956.

STATEMENT OF NON-APPLICABILITY OF THE RENEGOTIATION
ACT OF 1951, AS AMENDED

We hereby declare that our aggregate receipts or
accruals (together with those of all below-listed per-
sons, firms or corporations under control of or con-
trolling or under common control with the under-
signed) under contracts and subcontracts subject to
the Renegotiation Act of 1951, as amended, hereinafter
referred to as the act, did not exceed $--------1 for
(Insert amount)
In com-

our fiscal year ended
(Insert month, day, and year)
puting such receipts or accruals, we have excluded
brokerage commissions and other income under sub-
contracts described in section 103 (g) (3) of the act.

We further declare that brokerage commissions and other income, if any, received or accrued by us (together with those of all below-listed persons, firms or corporations under control of or controlling or under common control with the undersigned), under subcontracts described in section 103 (g) (3) of the act, did not exceed $25,000 for our fiscal year ended

(Insert month, day, and year)

We represent that we do not expect to receive or accrue any further amounts subject to renegotiation which will bring total receipts or accruals, for the fiscal year involved, above the $1 floor or the (Insert amount) $25,000 floor.

1

The following persons, firms or corporations, and no others, controlled or were under control of or under common control with the undersigned during such fiscal year (if none, write "None"; do not insert your own name).

Name of person, firm, or corporation

Address

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For fiscal years ending before June 30, 1953: If renegotiable receipts or accruals are $250,000 or less, use this form and insert "$250,000" in the blank spaces indicated. Exclude receipts or accruals under prime contracts and subcontracts exempted by the act or by The Renegotiation Board.

For fiscal years ending on or after June 30, 1953, but not later than December 31, 1953: lf renegotiable receipts or accruals are $500,000 or less, use this form and insert "$500,000" in the blank spaces indicated. Exclude receipts or accruals under prime contracts and subcontracts exempted by the act or by The Renegotiation Board.

For fiscal years ending after December 31, 1953, but not later than June 30, 1956: Under the Renegotiation Act of 1951, as amended September 1, 1954, receipts or accruals after December 31, 1953, from contracts and subcontracts for standard commercial articles are exempt unless the Board makes a specific finding that competitive conditions affecting the sale of such articles are such as will not reasonably prevent excessive profits. A standard commercial article is defined in section 106 (a) (8) of the act, as amended.

In determining whether you are entitled to use the form on the reverse side, the following rules should be observed (see RBR 1467.3 (d)):

(a) If renegotiable receipts or accruals are $500,000 or less (including sales of standard commercial articles), use this form.

(b) If renegotiable receipts or accruals are $500,000 or less only when sales of standard commercial articles are excluded, use this form for such receipts or accruals and file Standard Commercial Article Report to support claim for exemption of standard commercial article sales.

(c) If renegotiable receipts or accruals are more than $500,000 (exclusive of sales of standard commer

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In computing such receipts or

amount) accruals we have excluded brokerage commissions and other income under subcontracts described in section 103 (g) (3) of the act (Brokers and manufacturers' agents: Disregard this paragraph. See paragraph 2 below).

2. We declare that brokerage commissions and other income, if any, received or accrued by us (together with those of all below-listed persons, firms or corporations under control of or controlling or under common control with the undersigned), under subcontracts described in section 103 (g) (3) of the act, did not exceed $25,000, or the prorated amount thereof, for our fiscal year ended

year)

(Insert month, day, and We estimate that such receipts or

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commercial articles should be included or excluded as indicated above, and amounts received or accrued under all other prime contracts and subcontracts exempted by the act or by The Renegotiation Board If claim for exshould be excluded in all cases. emption of standard commercial article sales has previously been submitted and denied, such sales should be included.

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5. Our gross sales or gross receipts reported for Federal income tax purposes were $---.

6. The Standard Commercial Article Exemption: Is not applicable (□) has been applied by us (□) in the An Appliestimated amount of $. cation for Commercial Exemption was approved () 19--. was denied (□). Date of action__. See instructions on reverse side.

7. In submitting this statement, we are aware that Section 105 (e) (1) of the Act provides in part as follows: "*** 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."

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INSTRUCTIONS

(Read with particular reference to Item 6, Standard Commercial Article Exemption)

The Renegotiation Act of 1951, as amended, under certain conditions exempts amounts received or accrued in fiscal years ending after June 30, 1956 (other than brokerage commissions or other similar income), under contracts or subcontracts for any of the following:

1. A standard commercial article;

2. An article which is identical in every material respect with a standard commercial article;

3. An article in a standard commercial class of articles;

4. A standard commercial service;

5. A service which is reasonably comparable with a standard commercial service.

The exemption of Item 1 above may be applied by the contractor itself, without application to the Board. With respect to the other 4 items above, the contractor's sales thereof are not exempt unless the contractor has filed an Application for Commercial Exemption with The Renegotiation Board and such application has been granted. (The terms used herein are defined in section 106 (e) of the act).

In determining whether you are entitled to use the form on the reverse side, the following rules should be observed (see RBR 1467.22 (e)):

or accruals are (a) If renegotiable receipts $1,000,000 or less (including sales of Items 1 through 5 above), you may use this form but do not submit an Application for Commercial Exemption.

or accruals are (b) If renegotiable receipts $1,000,000 or less only when sales of Item 1 above are

are

excluded, you may use this form but do not submit
an Application for Commercial Exemption.
or accruals
(c) If renegotiable receipts
$1,000,000 or less only when sales of Items 2 through
5 above are excluded, you may submit an Application
for Commercial Exemption to support claim for exemp-
tion, but you may not file this form until the Board
has completed action on such application.

(d) If renegotiable receipts or accruals are more than $1,000,000 (exclusive of sales of Items 2 through 5 above), do not use this form but use Standard Form of Contractor's Report (RB Forms 1 and 1B) for such receipts or accruals, and file an application for Commercial Exemption to support claim for exemption.

(e) In addition to the foregoing, in computing renegotiable receipts or accruals, amounts received or accrued under all other prime contracts or subcontracts exempted by the act or by The Renegotiation Board should be excluded in all cases. If an Application for Commercial Exemption has previously been submitted and denied, sales covered thereby should be included.

If each member of an affiliated or related group is entitled to file a Statement of Non-Applicability pursuant to Section 105 (e) (1) of the act, such group may, if it so elects, file a consolidated Statement of Non-Applicability. This means that a consolidated Statement of Non-Applicability may be filed when the sum of the renegotiable sales of all members of the group is less than the applicable minimum amount prescribed in Section 105 (f) (1) or (2) of the act. (If used, this form should be filed in duplicate with The Renegotiation Board, Washington 25, D. C.) (A separate statement should be filed for each fiscal year or period for which this form is used)

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Sec.

Part 1471

Assignment of Contractors for Renegotiation

1471.1 When assignment is made. 1471.2 How assignment is made. 1471.3 Reserved.

1471.4 Reassignment to Board.

AUTHORITY: Sections 1471.1 to 1471.4 issued under section 109, Pub. Law 9, 82d Cong. Interpret or apply section 107, Pub. Law 9, 82d Cong.

reports on the Standard Form of Contractor's
Report that it has derived from subject con-
tracts profits of $800,000 or less. Cases as-
signed on and after September 18, 1954, will be
designated in accordance with the preceding
sentence; cases previously assigned will gener-
ally be redesignated in accordance therewith
upon request of the Regional Board if not al-
ready concluded by clearance notice, agreement
or order, and if such redesignation is otherwise
expedient. The Board has delegated to the
Regional Boards authority (1) in Class A cases,
to make recommended determinations of ex-
cessive profits to the Board for final determi-
nation by the Board, and (2) in Class B cases,
to make final determinations of excessive profits.
(See sec. 1499.50 of this subchapter.)

1471.1 When assignment is made.-After receipt of a Standard Form of Contractor's Report from a contractor, the Board will assign the case to a Regional Board for renegotiation if it determines that further proceedings in the matter are warranted. No assignment will be made when the Board can readily decide on the basis of the information contained in the Standard Form of Contractor's Report that the contractor has not realized excessive profits for the fiscal year and that no purpose would be served by making an assignment to a Regional Board. If the Board decides not to make an assignment, the Board will notify the contractor to this effect and will not take any further action with respect to the fiscal year, in the absence of a subsequent indication that there is a possibility that the contractor has realized excessive profits for such fiscal year.

1471.2 How assignment is made.~(a) An assignment may be made to a Regional Board on some basis other than geographical in an appropriate case when it is believed that such assignment will promote efficiency in the renegotiation procedure. Similarly, the Board will reassign a case from one Regional Board to another if it appears that efficiency of renegotiation procedure will be promoted thereby.

(c) The Regional Board to which the case is assigned will notify the contractor of the assignment and will also advise the contractor whether the case is a Class A case or a Class B case.

(d) Except in cases governed by paragraph (e) of this section, with respect to contractors whose receipts or accruals are wholly or predominantly under subcontracts described in section 103 (g) (3) of the act, a Class A case will generally be one in which the contractor reports on the Standard Form of Contractor's Report that its aggregate of such receipts or accruals is $100,000 or more and a Class B case will be one in which the contractor reports on the Standard Form of Contractor's Report that its aggregate of such receipts or accruals is less than $100,000. Cases assigned on and after September 18, 1954, will be designated in accordance with the preceding sentence; cases previously assigned will generally be redesignated in accordance therewith upon request of a Regional Board if not already concluded by clearance notice, agreement or order, and if such redesignation is otherwise expedient.

(b) At the time of assignment, every case will be designated by the Board as either a Class A case or a Class B case. Generally, a Class A case will be one in which the contractor reports on the Standard Form of Contractor's Report that it has derived from subject contracts profits of more than $800,000 and a Class B case will be one in which the contractor

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(e) Notwithstanding the foregoing, to facilitate concurrent renegotiation of members of affiliated or related groups when not consolidated (see § 1464.10 of this subchapter), renegotiable members of any such group will generally all be designated at the time of assignment as Class A or Class B cases according to the proper designation of the member having the largest amount of profits from subject contracts for the fiscal year under review.

(f) Any case initially designated as a Class A or a Class B case according to the amounts reported on the Standard Form of Contractor's

Report may, but will not necessarily, be redesignated if further information developed after assignment establishes that the contractor's renegotiable profits, or its renegotiable receipts or accruals, as the case may be, are sufficiently larger or smaller than the amount reported, to make such redesignation appropriate.

1471.3 Reserved.

1471.4 Reassignment to Board.-A case will be reassigned from a Regional Board to the Board in the circumstances set forth in section 1472.4 of this subchapter.

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