CLAUSES FOR COST-TYPE R&D CONTRACTS 7.452-50 Optional Data Requirements. In accordance with the requirements of 9.203-2, insert the clause set forth therein. 7.452-51 Approval of Contract. The clause set forth in 7.104-51 shall be included when approval of the contract by the Assistant Administrator for Procurement is required. 7.452-52 Preference for United States-Flag Vessels. Under the circuinstances described in Part 1, Subpart 14, insert the clause set forth in 1.1402-3. 7.452-53 Limitation of Government's Obligations. Where funding to complete the entire contract is not available at the time it is entered into, the clause set forth in 7.204-53 shall be included in the contract, with an implementing Schedule provision. 7.452-54 Financial Reporting of Government-Owned/Contractor-Held Property. In accordance with the instructions in 7.104-54, insert the clause set forth therein. 7.452-55 Cost Accounting Standards. In accordance with 3.1204, insert the clause set forth in 7.104-55. 7.452-56 NASA Financial Management Reporting. Insert the appropriate clause set forth in 7.104-53 in accordance with the instructions set forth therein. 7.452-57 Key Personnel and Facilities. In accordance with the requirements of 1.352, insert the clause set forth therein. 7.452-58 Safety and Health. In accordance with the requirements of Part 1, Subpart 52, insert the clause set forth in 1.5204. 7.452-59 [Reserved] 7.452-60 Report on NASA Subcontracts. In accordance with the requirements of 21.500, insert the clause set forth therein. 7.452-61 Rights in Data for Potentially Hazardous Items. In accordance with the requirements of 9.203-6, insert the clause specified therein. 7.452-62 Potentially Hazardous Items. In accordance with the requirements of 1.351, insert the clause set forth therein. 86. 7.452-63 Order of Precedence. In accordance with 7.104-56, insert the clause set forth therein. 7.452-64 [Reserved] 7.452-65 through 7.452-85 [Reserved] 7.452-86 Notification of Changes. In accordance with 26.802, insert the clause set forth in 7.104 7.453 Additional Clauses. Except as otherwise provided in 7.460, the following clauses shall be inserted in all contracts prescribed in 7.450-1 if it is desired to cover the subject matter. 7.453-1 Changes. CHANGES (SEPTEMBER 1962) The Contracting Officer may at any time, by a written order and without notice to the sureties, if any, make changes, within the general scope of this contract, in any one or more of the following: (i) drawings, designs, or specifications; (ii) method of shipment or packing; (iii) place of inspection, delivery, or acceptance; and (iv) the amount of Governmentfurnished property. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of this contract, or otherwise affects any other provision of this contract, whether changed or not changed by any such order, an equitable adjustment shall be made (i) in the estimated cost or delivery schedule, or both, and (ii) in such other provisions of the contract as may be so affected, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within sixty (60) days from the date of receipt by the Contractor of the notification of change; provided, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. In the foregoing clause, the period of "sixty (60) days" within which any claim for adjustment must be asserted may be reduced to a period of not less than "thirty (30) days." In accordance with 10 U.S.C. 2306(f), prior to the pricing of any contract change or modification that is expected to exceed $500,000, except where the price is based on adequate price competition, | established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the contracting officer shall require the contractor to furnish a Certificate of Current Cost or Pricing Data (see 3.807-6) and shall assure NASA PROCUREMENT REGULATION 7.453-1 CONTRACT CLAUSES that the contract includes or is modified to include a Defective Pricing Data clause (see 7.10428). 7.453-2 Alterations in Contract. The clause set forth in 7.105-1 may be inserted. 7.453-3 [Reserved] 7.453-4 Bill of Materials. The clause set forth in 7.105-6 may be inserted pursuant to the provisions thereof. 7.453-50 Notice of Delay. The clause set forth in 7.205-50 is authorized for use when it is desirable to provide for notice by the contractor to the Government of anticipated delays in performance. 7.453-51 [Reserved] 7.453-52 Date of Incurrence of Costs. The clause set forth in 7.205-52 may be inserted when authorized in accordance with 15.205-30. 7.453-53 Contractor's Independent Research Program. In accordance with the instructions in 7.205-53, the clause set forth in 9.107-8 may be inserted. 7.453-54 through 7.453–56 [Reserved] 7.453-57 Federal, State, and Local Taxes. (See 11.402.) 7.453-58 Excusable Delays. The clause set forth in 8.708 may be inserted in the contract. 7.460 Short Form Clauses for Cost-Reimbursement Type Research Contracts With Nonprofit Institutions (Including Educational Institutions). Notwithstanding the provision of 7.402, 7.403, 7.451, and 7.452, the clauses set forth or referred to in this paragraph 7.460 shall be used in contracts for basic or applied scientific research at nonprofit institutions of higher education or at nonprofit institutions whose primary purpose is the conduct of scientific research when a short form contract is desired. (See 1.236 for the definition of nonprofit institution.) 7.460-1 Definitions. Insert the clause set forth in 7.103-1. 7.460-2 Limitation of Cost. Insert the clause set forth in 7.451-2. 7.460-3 Government Property. In accordance with 13.707, insert the clause(s) required therein. 7.460-4 Cost Accounting Standards. In accordance with 3.1204, insert the clause set forth in 7.104-55. 7.460-5 Insurance-Liability to Third Persons. In accordance with the requirements of 7.402-26, insert either the clause set forth in 7.203-22 or the appropriate clause indicated in 7.402-26. When the clause in 7.203-22 is used, the title "Allowable Cost, Fixed Fee, and Payment" in paragraph (c) shall be changed to read "Allowable Cost and Payment." 7.460-6 Examination of Records by Comptroller General. In accordance with 7.104-15, insert the clause set forth therein. 7.460-7 Release of Information. Insert the clause set forth in 7.350-5. 7.460-8 Patent Rights. Insert the "Patent Rights (Small Business Firm or Nonprofit Organization)" clause of 9.108–5, if appropriate (see 9.108–4(a(1).) 7.460-9 Rights in Data. Insert the appropriate clause as prescribed by 9.203. 7.460-10 Authorization and Consent. Insert the clause set forth in 9.102(b). 7.460-11 Notice and Assistance Regarding Patent and Copyright Infringement. Insert the clause set forth in 9.104. 7.460-12 Security. Insert the clause set forth in 7.350-6. 7.460-13 Disputes. Insert the clause set forth in 7.103-12. 7.460-14 Termination. Insert the clause set forth in 8.705-50(b). 7.460-15 Buy American Act and Trade Agreements Act. Insert the clause set forth in 6.104–5. 7.460-16 Equal Opportunity. In accordance with the provisions of 12.804, insert the appropriate clause set forth therein. 7.460-17 Covenant Against Contingent Fees. Insert the clause set forth in 1.503. 7.460-18 Officials Not To Benefit. Insert the clause set forth in 7.103-19. 7.460-19 Convict Labor. In accordance with Part 12, Subpart 2, insert the clause set forth in 7.104-17. 7.460-20 Allowable Cost and Payment. Insert the clause set forth in 7.451-3. 7.460-21 Audit by National Aeronautics and Space Administration. In accordance with 7.10442(a), insert the clause set forth therein. 7.460-22 Clean Air and Water. Insert the clause set forth in 1.2302-2. 7.460-23 Notice of Intent to Disallow or Not Recognize Costs. Insert the clause in 7.203-30. 7.453-2 CFR TITLE 41 CHAPTER 18 CLAUSES FOR COST-TYPE R&D CONTRACTS 7.461 Additional Clauses. When circumstances justify it, the clauses prescribed in 7.402, 7.403, 7.404, 7.451, 7.452, and 7.453 may be added to or substituted for the clauses set forth in 7.460-1 through 7.460-23; however, care should be exercised to ensure that there are no inconsistencies. NASA PROCUREMENT REGULATION 7.461 Subpart 6-Clauses for Construction and A-E Contracts 7.600 through 7.606 [Reserved] 7.607 Required Clauses for Fixed-Price Architect-Engineer Contracts. The following clauses shall be inserted in all fixed-price architect-engineer contracts. 7.607-1 Definitions. DEFINITIONS (NOVEMBER 1974) (a) The term "head of the agency" or "Secretary" as used herein means the Secretary, or any other head of the executive or military department or other Federal agency; and the term "his duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized to act for the head of the agency or the Secretary. (b) The term "Contracting Officer" as used herein means the person executing this contract on behalf of the Government and includes a duly appointed successor or authorized representative. Additional definitions may be included provided they are not inconsistent with the foregoing clause or the provisions of this Regulation. 7.607-2 Responsibility of the Architect-Engineer. RESPONSIBILITY OF THE ARCHITECT-ENGINEER (NOVEMBER 1974) (a) The Architect-Engineer shall be responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, specifications, and other services furnished by the Architect-Engineer under this contract. The Architect-Engineer shall, without additional compensation, correct or revise any errors or deficiencies in his designs, drawings, specifications, and other services. (b) Neither the Government's review, approval or acceptance of, nor payment for, any of the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Architect-Engineer shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Architect-Engineer's negligent performance of any of the services furnished under this contract. (c) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law. 7.607-3 Changes. CHANGES (NOVEMBER 1974) (a) The Contracting Officer may, at any time, by written order, make changes within the general scope of the contract in the services to be performed. If such changes cause an increase or decrease in the Architect-Engineer's cost of, or time required for, performance of any services under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract shall be modified in writing accordingly. Any claim of the Architect-Engineer for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the ArchitectEngineer of the notification of change unless the Contracting Officer grants a further period of time before the date of final payment under the contract. (b) No services for which an additional cost or fee will be charged by the Architect-Engineer shall be furnished without the prior written authorization of the Contracting Officer. 7.607-4 Termination. TERMINATION (NOVEMBER 1974) (a) The Contracting Officer may, by written notice to the Architect-Engineer, terminate this contract in whole or in part at any time, either for the Government's convenience or because of the failure to the Architect-Engineer to fulfill his contract obligations. Upon receipt of such notice, the Architect-Engineer shall: (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the ArchitectEngineer in performing this contract, whether completed or in process. (b) If the termination is for the convenience of the Government, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. (c) If the termination is due to the failure of the Architect-Engineer to fulfill his contract obligations, the Government may take over the work and prosecute the same to completion by contract or otherwise. In such case, the ArchitectEngineer shall be liable to the Government for any additional cost occasioned to the Government thereby. NASA PROCUREMENT REGULATION 7.607-4 |