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FEDERA
VOLUME 21

EGISTER
9 3 4

OUiTZV

NUMBER 112

Washington, Saturday, June 9, 1956

suitable covenants to protect the Govern m ents interest. Advance payments under such authorizations should be limited tothe Chapter I Office of the Secretary of contractors financial needs, and withdrawals Defense from the special bank accounts provided therefor should be closely supervised. The Subchapter Defense Contract Financing terms governing advance payments should include as security, in addition to or in lieu P art 82 D e f e n s e C o n t r a c t F i n a n c i n g of the requirements for an advance payment R e g u l a t io n s bond or other security, provision for a lien ADVANCE PAYM E NTS
in favor of the Government, paramount to all other liens, upon the supplies contracted Appendix 2, Defense Contract Financ for, upon the credit balance in any special ing Policy Advance Payments, Novem account in which such payments may be de ber 7, 1951, and its attachment, Deputy posited, and upon the material and other Secretary of Defense memorandum, property acquired for performance of the same subject, April 6, 1951, have been contract.
C. Interest will be charged on all advance amended. Appendix 2, as revised1
, reads payments hereafter authorized at the rate of as follows:
5 percent per annum on the unliquidated DEFENSE CONTRACT FIN A N C IN G POLICY ADVANCE
balance; provided, however, advance pay PA YM ENTS
ments may be approved without interest when in connection with nonprofit contracts 1. The purpose of this Appendix 2 is to 1
with nonprofit educational research institu eliminate the requirement for interest charge tions for experimental, research and develop on advance payments on contracts for the ment work, or on contracts solely for the management and operation of Governmentmanagement and operation of Governmentowned plants, 2 increase the interest rate owned plants; or, in unusual cases, when spe on new interest-bearing advance payment cifically authorized by the Under or Assistant provisions to 5 percent, and 3 conform the Secretary responsible for the comptroller records clause requirement for advance pay function. In this connection, contracts for ments under Title I I o f the First W ar Powers acquisition of facilities at cost, for Govern Act to the general records clause requirement ment ownership, in combination with or in under that act.
contemplation of supply contracts or sub 2. This Appendix 2 supplements Appendix contracts, w ill be treated as ordinary profit 1. It applies to all advance payments here contracts requiring interest on advance pay after authorized, whether pursuant to the ments. Contracts with interest-free advance Armed Services Procurement Act of 1947, as payments hereafter authorized should pro amended, the First W ar Powers Act, 1941, vide that the contractor w ill charge interest as amended, or to any other legislation, ex at the rate of 5 percent per annum on sub cept section 602 Of the Defense Appropriation advances or down payments to subcon Act, 1956 P. L. 157, 83d Congress, 69 Stat. tractors, and that interest charged on such 314.
sub-advances or down payments w ill be 3. A. Advance payments should be used credited to the account of the Government.
sparingly and care should be taken to see However, interest need not be charged on that advances Outstanding are sufficient for sub-advances on nonprofit subcontracts with but do not exceed the actual reasonable re nonprofit educational or research institutions quirements for the contracts. The amount for experimental, research or development of the advance payment in any case should work.
be based upon an analysis of the cash flow D. Except as provided in 4. below, the required under the contract, and, as a gen responsibility and authority for making de eral rule, should not exceed the interim cash terminations and findings w ith respect to needs arising during the reimbursement advance payments, and in each case for ap cycle. Generally, except for I nonprofit proval of contract provisions for advance contracts with nonprofit educational or re payments or for approval of the terms and search institutions fo r experimental, re conditions thereof, shall be in the Under or search and development work, and 2 con Assistant Secretary responsible for the comp tracts solely for the management and opera troller function in each military department.
tion of Government-owned plants, advance The Government may not be committed in payments should not be authorized unless any manner, directly or indirectly, to make no other means of adequate financing is an advance payment without the approval of available to the contractor and the amount the Under or Assistant Secretary responsible of the authorization is predicated upon use for the comptroller function or, in appropri of the contractors own working capital to ate cases, of the persons to whom advance the extent possible.
payment approval authority has been dele B.
The advance payment agreement should gated in accordance with 4 ., and no proprovide for deposit of all payments into Continued on p. 3953
special bank accounts and should include
TITLE 32 NATIONAL DEFENSE

CONTENTS
Agricultural Marketing Service PaSe Proposed rule making :
Milk; handling in marketing area:
Paducah, K y__________________ 3969
Shreveport, La------------ .--------- 3967
Rules and regulations :
Grapefruit and oranges grown in Florida; limitation of ship ments 2 documents----------3966
Lemons grown in California and Arizona; limitation of ship ments_________
3967
Oranges, Valencia; grown in Arizona and designated part o f California; limitation of handling 3 documents _ 3964, 3965
Spinach; United States stand ards for processing---------------- 3960

Agriculture Department See Agricultural Marketing Serv ice; Commodity Stabilization Service ; Rural Electrification Administration.

Alien Property Office Notices:
Vested property; intention to return:
B r e v e t s Aero-Mecaniques, S. A __________ ---------Holtzscherer, Georges, and Philippe Holtzscherer------State of the Netherlands for benefit of Bennie Cohen et al__________________ _________

3972
3972
3972

Army Department Rules and regulations:
National Guard regulations;
qualifications for enlistment or reenlistment---------------------

3953

Civil Aeronautics Administra tion Rules and regulations:
Standard instrument approach procedures; alterations______

3954

Civil Aeronautics Board Notices:
Hearings, etc.:
Air freight forwarders----------Capital gains proceeding-.
Rules and regulations:
Rotorcraft airworthiness nor mal category; simplification of requirements for small air craft__________________________
3951

3973
3973

3953