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$ 12-7.202-36 Late offers and modifica
(End of clause) tions or withdrawals.
Prior to establishing or changing the Insert the provision(s) cited in FPR billing rates, the Contracting Officer 1-7.202-36 as prescribed therein.
should seek the advice of the cogni
zant audit activity as to the acceptabil8 12–7.202-37 Employment of the handi. ity of the billing rates proposed by the capped.
contractor. Insert the clause set forth in FPR (b) The following clause shall be Temporary Regulation 38 of May
used when the contractor's normal 1976.
method of interim overhead reim
bursement is based on negotiated pro§ 12–7.202–38 Clean air and water.
visional rates. The provisional rates
will remain in effect until such time as Insert the clause prescribed by FPR 1-1.2302-2 under the conditions pre
the contract is amended. The rates
shall be listed immediately below the scribed therein.
clause along with the base of applica§ 12-7.203 Clauses to be used when appli.
tions for each rate listed: cable.
INDIRECT COSTS (PROVISIONAL RATES) $ 12-7.203-1 Clauses for cost-reimburse. Pending establishment of final overhead
ment type supply contracts involving rates as provided for in the clause entitled construction.
"Negotiated Overhead Rates”, the Contrac
tor shall be reimbursed for indirect costs on Insert the clauses cited in FPR 1
the basis of the negotiated provisional rates 7.203-1 as prescribed therein.
set forth below, which rates shall remain in
effect until the contract is amended to in8 12-7.203–3 Notice to the Government of corporate either (a) final overhead rates for labor disputes.
a specific period or periods or (b) revised neInsert the clause set forth in FPR 1
gotiated provisional overhead rates as pro
vided for in paragraph (e) of the clause of 7.203-3 wherever a work stoppage
this contract entitled “Negotiated Overhead would result in delay in an urgent pro Rates". gram.
(End of clause) $ 12–7.203-9 Negotiated overhead rates.
8 12-7.203-951 Audit-indirect costs Insert the clause set forth in FPR 1
(actual). 3.704 under the conditions prescribed therein.
Insert the following clause in accord
ance with DOTPR 12-3.704-51. & 12-7.203-950 Negotiated overhead
INDIRECT COSTS (ACTUAL) rates-indirect costs. (a) In accordance with DOTPR 12
... In accordance with the "Allowable Cost, 3.704-50, the following clause shall be
Fixed Fee, and Payment” clause of the con
tract, the contractor shall be paid his actual used when the contractor's normal
overhead cost. Allowable overhead cost will method of interim overhead reim
be determined in accordance with the prinbursement is based on billing rates ap- ciples set forth in Subpart 1-15.2 of the Fed. proved by the Contracting Officer eral Procurement Regulations. Any failure (normally through an exchange of cor of the parties hereto to agree as to what respondence) rather than on formally
constitutes actual overhead costs shall be negotiated provisional rates:
considered a dispute covering a question of
fact within the meaning of the clause of INDIRECT COSTS (BILLING RATES)
this contract entitled “Dispute". Pending the establishment of final over
(End of clause) head rates as provided for in the clause entitled “Negotiated Overhead Rates”, the Con 812-7.203-10 Make-or-buy program. tractor shall be reimbursed for indirect costs on the basis of billing rates mutually
Insert the clause set forth in FPR 1agreed upon by the Contracting Officer and 3-902.3 under the conditions prethe Contractor.
hensive automobile liability (bodily injury and property damage) insurance, with respect to performance under this contract, and such other insurance as the Contracting Officer may from time to time require with respect to performance under this contract: provided, That the Contractor may, with the approval of the Contracting Officer, maintain a self-insurance program: And provided further, That with respect to workmen's compensation the Contractor is qualified pursuant to statutory authority. All insurance required pursuant to the provisions of this paragraph shall be in such form, in such amount, and for such periods of time, as the Contracting Officer may from time to time require or approve, and with insurers approved by the Contracting Officer.
(b) The Contractor agrees, to the extent and in the manner required by the Contracting Officer, to submit for the approval of the Contracting Officer any other insurance maintained by the Contractor in connection with the performance of this contract and for which the Contractor seeks reimbursement hereunder.
(c) The Contractor shall be reimbursed: (1) For the portion allocable to this contract of the reasonable cost of insurance as required or approved pursuant to the provisions of this clause, and (2) for liabilities to third persons for loss of or damage to property (other than property (i) owned, occupied or used by the Contractor or rented to the Contractor or (ii) in the care, custody, or control of the Contractor), or for death or bodily injury, not compensated by insurance or otherwise, arising out of the performance of this contract, whether or not caused by the negligence of the Contractor, his agent, servants or employees: Provided, Such liabilities are represented by final judgments or by settlements approved in writing by the Government and expenses incidental to such liabilities, except liabilities (a) for which the Contractor is otherwise responsible under the express terms of the clause or clauses, if any, specified in the Schedule, or (b) with respect to which the Contractor has failed to insure as required or maintain insurance as approved by the Contracting Officer or (c) which results from willful misconduct or lack of good faith on the part of any of the Contractor's directors or officers, or the part of any of its managers, superintendents, or other equivalent representatives, who has supervision or direction of (1) all or substatially all of the Contractor's business, or (2) all or substantially all of the Contractor's operations at any one plant or separate location in which this contract is being performed, or (3) a separate and complete major industrial operation in connection with the performance of this contract. The foregoing shall not restrict the right of the Contractor to be reimbursed for the cost of insurance maintained
by the Contractor in connection with the performance of this contract, other than insurance required to be submitted for approval or required to be procured and maintained pursuant to the provisions of this clause: Provided, Such cost would constitute allowable cost under the clause of this contract entitled “Allowable Cost, Fixed Fee and Payment.”
(d) The Contractor shall give the Government or its representatives immediate notice of any suit or action filed, and prompt notice of any claim made, against the Contractor arising out of the performance of this contract, the cost and expense of which may be reimbursable to the Contractor under the provisions of this contract, and the risk of which is then uninsured or in which the amount claimed exceeds the amount of coverage. The Contractor shall furnish immediately to the Government copies of all pertinent papers received by the Contractor. If the amount of the liability claimed exceeds the amount of coverage, the Contractor shall authorize representatives of the Government to collaborate with counsel for the insurance carrier, if any, in setting or defending such claim. If the liability is not insured or covered by bond, the Contractor shall, if required by the Government, authorize representatives of the Government to settle or defend any such claim and to represent the Contractor in or take charge of any litigation in connection therewith; Provided, That the Contractor may, at his own expense, be associated with the representatives of the Government in the settlement or defense of any such claim or litigation.
(End of clause)
8 12-7.250-4. Interpretation or modifica.
tion. Insert the clause set forth in DOTPR 12–7.150-4.
8 12-7.250-5 Dissemination of contract in
formation. Insert the clause set forth in DOTPR 12-7.150-10.
§ 12–7.250–6 Authorization and consent.
Insert the clause forth in DOTPR 12-7.150-11 in accordance with DOTPR 12-9.151-1.
$12-7.251-7 Military security require
ments. When required by DOTPR 12-1.352, insert the Military Security Requirements clause in DOTPR 12–7.151-9, modified by deleting paragraphs (c) and (d) and substituting the following:
(c) If, subsequent to the date of this contract, the security classifications or security requirements under this contract are changed by the Government as provided in this clause, and if such changes cause an increase or decrease in the estimated cost or time required for performance of this contract, the estimated cost, fee, delivery schedule, or any other provision of the contract that may be affected, shall be subject to an equitable adjustment. Any such equitable adjustment shall be accomplished in the manner set forth in the “Changes" clause of this contract.
(d) The Contractor agrees to insert, in all subcontracts hereunder which involve access to classified information, provisions which shall conform substantially to the language of this clause, including this paragraph (d) but excluding the last sentence of paragraph (c) of this clause. (1971 APR.)
$ 12-7.251 DOTPR clauses to be used
when applicable. The following DOTPR clauses shall be included in cost-reimbursement type supply contracts when applicable.
§ 12-7.251-1 Patent indemnity.
Insert the clause set forth in DOTPR 12-7.151-1 in accordance with instructions in DOTPR 12-9.152.
(End of clause paragraphs)
$ 12–7.251-2 Filing of patent applications.
Insert the clause set forth in the DOTPR 12-7.151-2 in accordance with instructions in DOTPR 12-9.154.
§ 12-7.251-3 Reporting of royalties (for
eign). Insert the clause set forth in DOTPR 12-7.151-3 in accordance with instructions in DOTPR 12-9.156.
8 12-7.251-4 Refund of royalties.
Insert the clause set forth in DOTPR 12-7.151-4 in accordance with instruction in DOTPR 12-9.157.
$ 12–7.251-8 Stop work orders.
The clause set forth in DOTPR 127.151-12 may be included in any costreimbursement type contract under the conditions described therein: Provided, The clause is modified as follows:
(a) The words “the 'Termination for Convenience' clause of this contract” shall be changed to read “the 'Termination' clause of the contract”; and
(d) The words "an equitable adjustment shall be made in the delivery schedule or contract price, or both" shall be changed to read "an equitable adjustment shall be made in the delivery schedule, the estimated cost, the fee, or a combination thereof, and in any other provisions of the contract that may be affected."
(End of clause paragraphs)
8 12-7.251-5 Patent Rights.
When experimental, developmental, or research work may be performed under the contract, insert the appropriate patent rights clause set forth in FPR 1-9.1.
8 12-7.251-6 Rights in data.
Insert the clause set forth in DOTPR 12-7.151-5 or DOTPR 127.151-6 in accordance with instructions in DOTPR 12-9.201-1.
8 12-7.251-9 Value engineering.
(a) Use of a value engineering incentive clause: In accordance with DOTPR 12-1.5202-2 insert the value engineering incentive clause set forth in DOTPR 12-7.151-13(a) as modified in paragraph (b) or (c) of this section.