§ 7.403-40 Frequency authorization. In accordance with the requirements of § 7.104-61, insert the clause set forth therein. 32.R. 521, Jan. 13, 1967] § 7.403-41 Material inspection and receiving report. Insert the clause set forth in § 7.104-62. [32 F.R. 10168, July 11, 1967] § 7.403-42 Recovery of nonrecurring costs on foreign sales of major defense equipment. In accordance with § 4.110(d), insert the applicable clause set forth in § 7.10464. [34 F.R. 9270, June 12, 1969] § 7.403-43 Use of excess currency. excess and near (a) 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: (1) Drawings, designs, or specifications; (11) Method of shipment or packing; and (iii) Place of inspection, delivery, or acceptance. (b) If any such change causes an increase or decrease in the estimated cost of, or the time required for the performance of any part of the work under this contract, whether changed or not changed by any such order, or otherwise affects any other provision of this contract, an equitable adjustment shall be made: (1) In the estimated cost or delivery schedule, or both; (ii) In the amount of any fixed fee to be paid to the Contractor; and (iii) In such other provisions of the contract as may be affected, contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within thirty (30) days from the date of receipt by the Contractor of the notification of change: Provided, however, That the Con of tracting 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, except as provided in paragraph (c) below, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (c) Notwithstanding the provisions paragraphs (a) and (b) above, the estimated cost of this contract and, if this contract is incrementally funded, the funds allotted for the performance thereof, shall not be increased or deemed to be increased except by specific written modification of the contract indicating the new contract estimated cost and, if this contract is incrementally funded. the new amount allotted to the contract. Until such modification is made, the Contractor shall not be obligated to continue performance or incur costs beyond the point established in the clause of this contract entitled "Limitation of Cost" or "Limitation of Funds." In the foregoing clause, the period of "thirty (30) days" within which any claim for adjustment must be asserted, may be varied in accordance with Departmental procedures. In accordance with 10 U.S.C. 2306(f), prior to the pricing of any change order that is expected to exceed $100,000, 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 § 3.807-4 of this chapter) and shall assure that the contract includes or is modified to include a defective pricing data clause (see § 7.104-29). [32 F.R. 10168, July 11, 1967] § 7.404-2 Alterations in contract. The contract clause set forth in §7.105-1 may be inserted. [25 F.R. 14208, Dec. 31, 1960] § 7.404-3 Approval of contract. The contract clause set forth in §7.105-2 may be inserted. [25 F.R. 14208, Dec. 31, 1960] § 7.404-4 Bill of materials. The contract clause set forth in § 7.105-6 may be inserted pursuant to the provisions of said paragraph. [25 F.R. 14208, Dec. 31, 1960] §7.404-5 Stop work orders. The clause set forth in §7.105-3, if modified as prescribed in § 7.205-6, is authorized for use under the criteria and in accordance with the instructions in $7.105-3. [33 F.R. 19918, Dec. 28, 1968] §7.404-6 Reports of work. REPORTS OF WORK (JULY 1960) (a) The contractor shall submit reports making full disclosure of all work done and the results thereof, in the manner, at the times, and to the extent set forth in the Schedule; provided that, unless otherwise specified in the Schedule, the Contractor shall submit such reports in triplicate from time to time as requested and upon completion (or earlier termination) of the work. Except as may be otherwise specified in the Schedule, or unless the Contractor is otherwise instructed, the Contractor shall, upon completion (or earlier termination) of the work, deliver any working drawings and specifications of any prototypes as may have been developed. (b) If the Contractor becomes unable to complete the contract work and to deliver at the time specified in the Schedule because of technical difficulties, notwithstanding the exercise of good faith and diligent efforts in performance of the work, he shall give the Contracting Officer written notice of the anticipated delays with reasons therefor, not less than forty-five (45) days before the completion date specified in the Schedule or within such time as the Contracting Officer deems sufficient. When notice is so required, the Contracting Officer may, in his discretion, extend the time specified in the Schedule for such period as he deems advisable. In the above clause, the words "Task Order" or other appropriate designation may be substituted for the word "Schedule," as appropriate. Paragraph (a) may be used without paragraph (b). The last sentence of paragraph (b) may be omitted. (25 F.R. 14208, Dec. 31, 1960] § 7.404-7 Title and risk of loss. Insert the clause set forth in § 7.103-6. [33 F.R. 15391, Oct. 17, 1968] § 7.404-8 Technical data warranty. In accordance with § 1.324-11(a) of this chapter, the clause set forth in §7.105-8(a) may be inserted. [34 F.R. 17896, Nov. 5, 1969] § 7.404-9 Extended liability under technical data warranty. In accordance with § 1.324-11(b) of this chapter, the clause set forth in §7.105-8(b) may be added as paragraph Subpart E-Clauses for Personal SOURCE: The provisions of this Subpart E appear at 25 F.R. 14208, Dec. 31, 1960, unless otherwise noted. §7.500 Scope of subpart. This subpart sets forth uniform contract clauses for use in personal services contracts referred to in § 7.502. §7.502 Applicability. As used throughout this subpart, the term "personal services contract" applies only to a contract entered into with an individual, other than an alien scientist, for personal services to be performed by that individual under Government supervision and paid for on a time basis. It does not apply to contracts with firms or organizations. §7.503 Required clauses. The following clauses shall be inserted in all personal services contracts, except as indicated: § 7.503-1 Definitions. Insert the contract clause set forth in §7.103-1, omitting paragraph (c). Payment for the services performed by the Contractor, as set forth in the Schedule of this contract, shall be made at the rates prescribed, upon the submission by the Contractor of proper invoices or time statements to the office or officer designated herein and at the time provided for herein. In addition to the foregoing the Contractor shall be paid (1) a per diem rate in lieu of subsistence for each day the Contractor is in a travel status away from his home or regular place of employment in accordance with Standardized Government Travel Regulations as authorized in appropriate Travel Orders; and (11) such other transportation expenses as may be provided for in the Schedule. § 7.503-3 Assignment of claims. ASSIGNMENT OF CLAIMS (JAN. 1953) No claim arising under this contract shall be transferred or assigned by the Contractor. § 7.503-4 Disputes. Insert the contract clause set forth in §7.103-12. The decision shall, if mailed, be sent by certified mail, return receipt § 7.504 Clauses to be used when applirequested. [27 F.R. 11658, Nov. 27, 1962] § 7.503-5 Officials not to benefit. Insert the contract clause set forth in § 7.103-19, omitting the final clause which begins, "but this provision cable. § 7.504-1 Military security require ments. Insert the clause set forth below in all contracts involving security information which are classified by a Military Department "Confidential", including "Confidential-Modified Handling Au § 7.503-6 Covenant against contingent thorized", or higher and in any other fees. Insert the contract clause set forth in § 7.103-20. § 7.503-7 Termination. TERMINATION (JAN. 1953) This contract may be terminated by the Government at any time within the period of its duration upon not less than 15 days' written notice by the Contracting Officer to the Contractor. The Contractor, with the written consent of the Contracting Officer, may terminate this contract upon not less than 15 days' written notice to the Contracting Officer, and the consent of the Contracting Officer shall not unreasonably be withheld. § 7.503-8 Approval of contract. APPROVAL OF CONTRACT (JAN. 1953) This contract shall be subject to the written approval of the Secretary or his duly authorized representative and shall not be binding until so approved. § 7.503-9 Patents. Insert the clause set forth in § 9.108 of this subchapter, which is based on Executive Order 10096, provided, however, that upon written request by the prospective contractor and approval by the head of the procuring activity or his authorized representative, the clause may be modified or omitted, as the case may be, where (a) the period of employment is to be not more than 90 days in any one calendar year, or (b) both the following conditions are present: (1) the period of employment called for in the contract, or in any renewal thereof, is more than 90 days but not more than one year of full-time service, and (2) the prospective contractor is bound by an obligation which existed prior to entering into the proposed contract with the Government and which was not entered into in contemplation thereof, the discharge of which would be inconsistent with the discharge of any obligation arising under Executive Order 10096. contract, the performance of which will require access to classified matter, except that with respect to contracts to be performed outside the United States, its possessions, and Puerto Rico, the following clause may be used as a guide, unless the AFISR sets forth a required clause (see § 1.320 of this chapter and §7.104-12(b)). MILITARY SECURITY REQUIREMENTS (AUGUST 1963) (a) The provisions of the following paragraphs of this clause shall apply only if and to the extent that this contract involves access to security information classified "Confidential", including "ConfidentialModified Handling Authorized", or higher. (b) The Contractor (1) shall be responsible for safeguarding all classified security information in accordance with instructions furnished by the Contracting Officer, and shall not supply, disclose or otherwise permit access to classified security information to any unauthorized person, (11) shall not make or permit to be made any reproductions of matter classified "Top Secret" except with the prior written authorization of the Contracting Officer, (111) shall not make or permit to be made any reproductions of security information classified "Secret" or "Confidential", including "Confidential-Modified Handling Authorized", except as may be essential to performance of the contract, (iv) shall submit to the Contracting Officer, at such times as the Contracting Officer may direct, an accounting of all reproductions of security information classified "Confidential", including "Confidential-Modified Handling Authorized" or higher, and (v) shall not incorporate in any other project any matter which will disclose classified security information except with the prior written authorization of the Contracting Officer. (c) Except with the prior written consent of the Secretary or his duly authorized representative, the Contractor (1) shall not permit any alien to have access to classified security information, and (11) shall not permit any individual to have access to security information classified "Top Secret" or "Secret". Access to security information classified "Confidential", including "ConfidentialModified Handling Authorized", will be granted only in accordance with governing regulations of the Department of Defense. (d) The Contractor agrees to submit immediately to the Contracting Officer a complete confidential report of any information which the Contractor may have concerning existing or threatened espionage, sabotage, or subversive activity. (e) The Government agrees that when necessary it shall indicate by security classification "Confidential", including "Confidential-Modified Handling Authorized" or higher, the degree of importance to the national defense of information to be furnished by the Contractor to the Government or by the Government to the Contractor, and the Government shall give written notice of such security classification to the Contractor and of any subsequent changes thereof. The Contractor is authorized to rely on any letter or other written instrument signed by the Contracting Officer changing the security classification of matter. (f) Any disagreement concerning a question of fact arising under this clause shall be considered a dispute within the meaning of the clause of this contract entitled "Disputes." [28 F.R. 12571, Nov. 23, 1963] § 7.504-2 Data and copyrights. In accordance with Subpart B, Part 9 of this chapter, insert the appropriate clause or clauses set forth in § 9.203 of this chapter. [34 F.R. 9270, June 12, 1969] In accordance with the requirements of §§ 163.118 and 163.119 of this chapter, insert the clause set forth in § 163.118. [27 F.R. 3452, Apr. 11, 1962] § 7.504-4 Government property. In accordance with the requirements of of § 13.702 of this chapter, insert the clause set forth therein. [30 F.R. 1737, Feb. 9, 1965] § 7.504-5 Order of precedence. In accordance with § 7.104-56, insert the clause set forth therein. [30 F.R. 14090, Nov. 9, 1965] § 7.504-9 Production progress report. In accordance with the requirements of §25.202, insert the clause set forth therein. [33 F.R. 19919, Dec. 28, 1968] § 7.504-10 Availability of funds. AVAILABILITY OF FUNDS (1969 APRIL) Funds are not presently available for performance under this contract beyond June 30, 19. The Government's obligation for performance of this contract beyond this In accordance with § 16.827-1 of this chapter, insert the clause in § 7.10450. [34 F.R. 17896, Nov. 5, 1969] The following clause shall be inserted in personal services contracts in accordance with Department procedures when it is desired to cover the subject matter thereof in such contracts. § 7.505-1 Alterations in contract. Insert the contract clause set forth in §7.105-1. [32 F.R. 4259, Mar. 18, 1967] Subpart F-Clauses for Construction and Architect-Engineer Contracts SOURCE: The provisions of this Subpart F appear at 30 F.R. 12821, Oct. 8, 1965, unless otherwise noted. § 7.600 Scope of subpart. This subpart sets forth uniform contract clauses for use in connection with the procurement of construction (see § 18.100 of this chapter) and of architect-engineer services for the production and delivery of designs, plans, drawings and specifications, or for supervision and inspection of construction, or both. For format and clauses to be used in a contract for dismantling, demolition or removal of improvements, see § 16.404 of this chapter. DEFINITIONS (JUNE 1964) (a) The term "head of the agency" or "Secretary" as used herein means the Secretary, the Under Secretary, any Assistant Secretary, or any other head or assistant 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. § 7.602-2 Specifications and drawings. SPECIFICATIONS AND DRAWINGS (JUNE 1964) The Contractor shall keep on the work a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy either in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at his own risk and expense. The Contracting Officer shall furnish from time to time such detail drawings and other information as he may consider necessary, unless otherwise provided. (32 F.R. 521, Jan. 18, 1967] § 7.602-3 Changes. CHANGES (FEBRUARY 1968) (a) The Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the work within the general scope of the contract, including but not limited to changes: (1) In the specifications (including drawings and designs); (11) In the method or manner of performance of the work; (iii) In the Government-furnished facilities, equipment, materials, services, or site; or (iv) Directing acceleration in the performance of the work. (b) Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruction, interpretation or determination) from the Contracting Officer, which causes any such change, shall be treated as a change order under this clause: Provided, That the Contractor gives the Contracting Officer written notice stating the date, circumstances, and source of the order and that the Contractor regards the order as a change order. (c) Except as herein provided, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment hereunder. (d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, That except for claims based on defective specifications, no claim for any change under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor gives written notice as therein required: And provided further, That in the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with such defective specifications. (e) If the Contractor intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the Contracting Officer a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the Government. The statement of claim hereunder may be included in the notice under (b) above. (1) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract. In the foregoing clause, the period of "30 days" within which any claim for adjustment must be asserted may be varied in accordance with Departmental procedures. In accordance with 10 U.S.C. 2306(f), prior to the pricing of any change order that is expected to exceed $100,000 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 |