CONTRACT CLAUSES (b) Examination of Costs. If this is a cost reimbursement type, incentive, time and materials, labor hour, or price Eredeterminable contract, or any combination thereof, the Contractor shall maintain, and the Contracting Officer or his representatives shall have the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of this contract. Such right of examination shall include inspection at all reasonable times of the Contractor's plants, or such parts thereof, as may be engaged in the performance of this contract. (c) Cost or Pricing Data. If the Contractor submitted cost or pricing data in connection with the pricing of this contract or any change or modification thereto, unless such pricing was 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 or his representatives who are employees of the United States Government shall have the right to examine all books, records, documents and other data of the Contractor related to the negotiation, pricing or performance of such contract, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted. Additionally, in the case of pricing any change or modification exceeding $100,000 to formally advertised contracts, the Comptroller General of the United States or his representatives who are employees of the United States Government shall have such rights. The right of examination shall extend to all documents necessary to permit adequate evaluation of the cost or pricing data submitted, along with the computations and projections used therein. (d) Reports. If the Contractor is required to furnish financial management reports, cost or performance data, the Contracting Officer or his representatives shall have the right to examine books, records, other documents, and supporting materials, for the purpose of evaluating (i) the effectiveness of the Contractor's policies and procedures to produce data compatible with the objectives of these reports, and (ii) the data reported. (e) Availability. The materials described in (b), (c) and (d) above shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit, or reproduction, until the expiration of three (3) years from the date of final payment under this contract or such lesser time specified in Appendix M of the NASA Procurement Regulation, and for such longer period, if any, as is required by applicable statute, or by other clauses of this contract, or by (1) and (2) below: 7.104-42 CFR TITLE 41 CHAPTER 18 CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS (1) If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three (3) years from the date of any resulting final settlement. (2) Records which relate to appeals under the "Disputes" clause of this contract, or litigation, or the settlement of claims arising out of the performance of this contract, shall be made available until such appeals, litigation, or claims have been disposed of. (End of clause) (Next page is 7-1:15) NASA PROCUREMENT REGULATION 7.104-42 CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS (f) The Contractor shall insert a clause containing all of the provisions of this clause, including this paragraph (f), in all subcontracts exceeding $10,000 hereunder, except altered as necessary for proper identification of the contracting parties and the Contracting Officer under the Government prime contract. (b) In the case of consolidated facilities contracts, facilities acquisition contracts and facilities use contracts, paragraph (b) of the clause should be amended to read: (b) Examination of Costs. The Contractor shall maintain, and the Contracting Officer and his representatives shall have the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly (1) all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of this contract and (2) the use of, and charges for the use of, the facilities. Such right of examination shall include inspection at all reasonable times of the Contractor's plants, or such parts thereof, as may be engaged in the performance of this contract. 7.104-43 Subcontractor Cost or Pricing Data. (a) The following clause shall be inserted in all negotiated contracts 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 may include this clause, with appropriate reduction in the dollar amounts included therein, in other negotiated contracts where a Certificate of Current Cost or Pricing Data is required (see 3.807-3 (b) (iii)) in connection with initial pricing of the contract. SUBCONTRACTOR COST OR PRICING DATA (MARCH 1982) (a) The Contractor shall require subcontractors hereunder to submit, actually or by specific identification in writing, cost or pricing data under the following circumstances: (i) prior to the award of any subcontract the amount of which is expected to exceed $500,000 when entered into, (ii) prior to | the pricing of any subcontract modification which involves aggregate increases and/or decreases in costs plus applicable profits 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. (b) The Contractor shall require subcontractors to certify, in substantially the same form as that used in the certificate NASA PROCUREMENT REGULATION 7.104-43 CONTRACT CLAUSES by the Prime Contractor to the Government, that to the best of their knowledge and belief, the cost and pricing data submitted under (a) above is accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract of subcontract change or modification. (c) The Contractor shall insert the substance of this clause including this paragraph (c) in each subcontract hereunder | which exceeds $500,000 when entered into except where the price thereof 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. In each such excepted subcontract | hereunder in excess of $500,000, the Contractor shall insert the substance of the following clause: SUBCONTRACTOR COST OR PRICING DATA (၁) (a) Paragraphs (b) and of this clause shall become operative only with respect to any modification made pursuant to one or more provisions of this contract which involves aggregate increases and/or decreases in costs plus applicable | profits expected to exceed $500,000. The requirements of this clause shall be limited to such contract modifications. (b) The Contractor shall require subcontractors hereunder to submit, actually or by specific identification in writing, cost or pricing data under the following circumstances: (i) prior to award of any subcontract, the amount of which is | expected to exceed $500,000 when entered into; (ii) prior to the pricing of any subcontract modification which involves aggregate increases and/or decreases in costs plus applicable | profits 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 regulation. (၁) general public, or prices set by law or The Contractor shall require subcontractors to certify, in substantially the same form as that used in the certificate by the Prime Contractor to the Government, that to the best of their knowledge and belief the cost and pricing data submitted under (b) above is accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract change or modification. (a) the Contractor shall insert the substance of this clause including this paragraph (d) in each subcontract hereunder | which exceeds $500,000 when entered into. (b) Insert the following clause in all contracts, both formally advertised and negotiated, which exceed $500,000 than those described in (a) above: other 7.104-43 CFR TITLE 41 CHAPTER 18 CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS SUBCONTRACTOR COST OR PRICING DATA PRICE (a) Paragraphs (b) and (c) of this clause shall become operative only with respect to any modification made pursuant to one ΟΙ more provisions of this contract which involves aggregate increases and/or decreases in costs plus applicable profits expected to exceed $500,000. The requirements of this | clause shall be limited to such modifications. (b) The Contractor shall require subcontractors hereunder to submit cost or pricing data under the following circumstances: (i) prior to the award of any subcontract the amount of which is expected to exceed $500,000 when entered into; (ii) prior | to the pricing of any subcontract modification which involves aggregate increases and/or decreases in costs plus applicable profits 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. (c) The Contractor shall require subcontractors to certify that to the best of their knowledge and belief the cost and pricing data submitted under (b) above is accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract change or modification. (d) The Contractor shall insert the substance of this clause including this paraphraph (a) in each subcontract which exceeds $500,000. (c) The requirement for inclusion of the above clauses in contracts with foreign governments or agencies thereof may be waived in exceptional cases by the Assistant Administrator for Procurement, who shall state in writing the reasons for such determination. 7.104-44 Reserved 7.104-45 Limitation of Liability. (a) In accordance with 1.330, insert the following clause. LIMITATION OF LIABILITY (JUNE 1978) (a) Except for remedies expressly provided elsewhere in this contract, the Contractor shall not be liable for loss of or damage to property of the Government (excluding the supplies delivered under this contract) occurring after acceptance of the supplies delivered under this contract and resulting from any defects or deficiencies in such supplies. (b) The foregoing limitations shall apply when the defects or deficiencies in such supplies or the Government acceptance of such supplies resulted from willful misconduct or lack of good faith on the part of any of the Contractor's not 13-139 0-83--7 NASA PROCUREMENT REGULATION 7.104-45 |