DAC #76-46 24 AUGUST 1983 7-2204.9 Restriction on Printing. The Government authorizes the reproduction of (End of clause) 7-2204.10 Order of Precedence. In the event of an inconsistency between pro- (ii) General Provisions; and (iii) other provisions of the contract in- (End of clause) 7-2204.11 Contract Items Requiring Experimental, Developmental or Research Work. CONTRACT ITEMS REQUIRING EXPERIMENTAL, DEVELOP- For purposes of defining the nature of the work (End of clause) 7-2204.12 Advance Payments. ADVANCE PAYMENTS (1983 AUG) Advance payments shall be made under this con- 7-2204.12 ARMED SERVICES PROCUREMENT REGULATION TION PROVISIONS CONTRACT CLAUSES AND SOLICITA the Contractor date of award of this contract, ment. (End of clause) 7-2204.13 Definitions. Insert the clause in 7-103.1. 7-2204.14 Assignment of Claims. Insert the clause in 7-103.8. 7-2204.15 Disputes. Insert the clause in 7-103.12 (a). 7-103.18(a). 7-2204.17 Officials Not to Benefit. Insert the clause in 7-103.19. 7-2204.18 Covenant Against Contingent Fees. Insert the clause in 7-103.20. 7-2204.19 Notice and Assistance Regarding Patent and Copyright Infringement. Insert the clause in 7-103.23. 7-2204.20 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era. Insert the clause in 7-103.27. 7-2204.21 Utilization of Small Business and Small Disadvantaged Business Concerns. Insert the clause in 7-104.14(a). 7-2204.22 Examination of Records by Comptroller General. Insert the clause in 7-104.15. 7-2204.23 Convict Labor. Insert the clause in 7-104.17. 7-2204.24 Utilization of Labor Surplus Area Concerns. Insert the clause in 7-104.20(a) (applicable only if contract action exceeds the dollar amount set forth in 1-805.3(a)). 7-2204.25 Equal Opportunity Pre-Award Clearance of Subcontracts. Insert the clause in 7-104.22. 7-2204.26 Audit by Department of Defense. clause in 7-104.41(a). Insert the 7-2204.27 Excusable Delays. Insert the clause in 7-203.11. 7-2204.28 Termination for Convenience of the Government Alternate. Insert the clause in 7-302.10(c). 7-2204.29 Authorization and Consent. Insert the clause in 7-302.21. 7-2204.30 Standards of Work. Insert the clause in 7-402.4. Insert the clause in 7-402.5(b). 7-2204.32 Government Property (Cost-Reimbursement, Non profit). Insert the clause in 7-402.25. 7-2204.33 Limitation on Withholding of Payments. the clause in 7-403.12(a). Insert 7-2204.34 Affirmative Action for Handicapped Workers. Insert the clause in 7-103.28. 7-2204.35 Reports of Work. Insert the clause in 7-404.6. 7-2204.36 Subcontracts. Insert the clause in 7-402.8(a) and (c). 7-2204.36 ARMED SERVICES PROCUREMENT REGULATION DAC #76-46 24 AUGUST 1983 CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-2204.37 Allowable Cost and Payment. Insert the clause in 7-203.4(a) and 7-402.3. 7-2204.38 Rights in Technical Data and Computer Software. Insert the clause in 7-104.9(a). 7-2204.39 Identification of Technical Data. Insert the clause in 7-104.9(1). 7-2204.40 Restrictive Markings on Technical Data. Insert the clause in 7-104.9(p). 7-2204.41 Insurance Insert Liability to Third Persons. the clause in 7-203.22. (Note: The words "The Contracting Officer are inserted in the blank spaces indicated by an asterisk.) 7-2204.42 General Services Administration Supply Sources. Insert the clause in 7-204.28. 7-2204.43 Preference for United States Flag Air Carriers. Insert the clause in 7-104.95. 7-2204.44 Technical Data Withholding of Payment. the clause in 7-104.9(h). Insert 7-2204.45 Notice of Intent to Disallow or Not Recognize Costs. Insert the clause in 7-203.35. 7-2204.46 Gratuities. Insert the clause in 7-104.16. 7-2204.47 Patent Rights - Small Business Firm or Nonprofit Organization. Insert the clause in 7-302.23 (h). 7-2204.48 Competition in Subcontracting. Insert the clause in 7-104.40. 7-2204.49 Utilization of Women-Owned Business Concerns. Insert the clause in 7-104.52 (applicable only if contract action exceeds the dollar amount set forth in 1-708(b)). 7-2204.50 Payment for Overtime Premiums. Insert the clause in 7-203.27. (Note: The word "zero" is inserted in the blank space indicated by an asterisk.) 7-2204.51 Care of Laboratory Animals. in 7-303.44. 7-2204.52 Limitation of Cost. Insert the clause Insert the clause in 7-402.2(a) (applicable only when contract action is fully funded. Insert the clause in 7-2204.53 Limitation of Funds. 7-402.2(c) (applicable only when contract action is incrementally funded). 7-2204.54 Clean Air and Water. Insert the clause in 7-103.29 (applicable only if contract action exceeds the dollar amount set forth in the preamble to the clause). 7-2204.55 Subcontractor Cost or Pricing Data. Insert the clause in 7-104.42 (a) (applicable only if contract action exceeds the dollar amount set forth in 7-104.42(a)). 7-2204.55 ARMED SERVICES PROCUREMENT REGULATION DAC #76-46 24 AUGUST 1983 CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-2204.56 Certification of Requests for Adjustment or Relief Exceeding $100,000. Insert the clause in 7-104.102 (applicable only if contract action exceeds the dollar amount set forth in 1-342(a)). 7-2204.57 Limitation of Cost (Cost Sharing). Insert the clause in 7-402.2(b) (applicable only when contract action is fully funded and provides for cost sharing). 7-2204.58 Limitation of Funds (Cost Sharing). Insert the clause in 7-402.2(d) (applicable only when contract action is incrementally funded and provides for cost sharing). 7-2204.59 Cost Accounting Standards. Insert the clause in 7-104.83(a)(1) (applicable only if contract action exceeds the dollar amount set forth in 7-104.83(a)(1)). 7-2204.60 Disclosure and Consistency of Cost Accounting Practices. Insert the clause in 7-104.83(a)(2) (applicable only if contract action exceeds the dollar amount set forth in 7-104.83(a)(2)). 7-2204.61 Administration of Cost Accounting Standards. Insert the clause in 7-104.83(b) (applicable only if contract action exceeds the dollar amount set forth in 3-1204.1(a) and (b)). 7-2204.62 Price Reduction for Defective Cost or Pricing Data. Insert the clause in 7-104.29(a) (applicable only if contract action exceeds the dollar amount set forth in 7-104.29(a)). 7-2204.62 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS Part 23-Automatic Data Processing (ADP) Contracting 7-2300 Scope of Part. In accordance with 4-1104.15, this Part sets forth additional uniform contract clauses for use in connection with automatic data processing (ADP) contracting when procurement authority is delegated by GSA. (See Section IV, Part 11.) 7-2301 Reserved. 7-2302 Clauses to Use When Applicable. 7-2302.1 Limitation of Liability. The following clause shall be used in all solicitations and contracts for ADPE, software, ADP maintenance services, ADP supplies, and certain other contractual ADP support services, unless the contracting officer determines that a higher degree of protection is in the best interest of the Government. WARRANTY EXCLUSION AND LIMITATION OF DAMAGES (1983 FEB) Except as expressly set forth in writing in this agreement, or except as provided in the clause entitled "Contractor Representation," if applicable, and except for the implied warranty of merchantability, there are no warranties expressed or implied. In no event will the Contractor be liable to the Government for consequential damages as defined in the Uniform Commercial Code, Section 2-715, in effect in the District of Columbia as of January 1, 1973, i.e., consequential damages resulting from the seller's breach include: (a) Any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and (b) Injury to person or property proximately resulting from any breach of warranty. (End of clause) 7-2302.1 ARMED SERVICES PROCUREMENT REGULATION |