1981 Edition

CLAUSES FOR CONSTRUCTION AND A-E CONTRACTS

contract, other than such claims, if any, as may be specifically excepted by the Architect-Engineer from the operation of the release in stated amounts to be set forth therein.

7.607-15 Contracting Officer's Decisions.

CONTRACTING OFFICER'S DECISIONS (NOVEMBER 1974)

The extent and character of the work to be done by the Architect-Engineer shall be subject to the general supervision, direction, control and approval of the Contracting Officer.

7.607-16 Subcontractors and Outside Associates and Consultants.

SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND CONSULTANTS (NOVEMBER 1974)

Any subcontractors and outside associates or consultants required by the Architect-Engineer in connection with the services covered by the contract will be limited to such individuals or firms as were specifically identified and agreed to during negotiations. Any substitution in such subcontractors, associates, or consultants will be subject to the prior approval of the Contracting Officer.

7.607-17 and 7.607-18 [Reserved]

7.607-19 Interest. Insert the clause set forth in 7.103-53, substituting "Architct-Engineer" for "Contractor."

7.607-20 Composition of Architect-Engineer.

COMPOSITION OF ARCHITECT-ENGINEER (NOVEMBER 1974)

If the Architect-Engineer hereunder is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

7.607-21 Pricing of Adjustments. Insert the clause set forth in 7.103-54.

7.607-22 Listing of Employment Openings. Insert the clause set forth in 12.1102-2, substituting "Architect-Engineer" for "Contractor."

7.607-23 Clean Air and Water. Insert the clause set forth in 1.2302-2.

7.608 Clauses To Be Used When Applicable for Fixed-Price Architect-Engineer Contracts. 7.608-1 [Reserved]

7.608-2 [Reserved]

7.608-3 Redesign Responsibility.

(a) Insert the following clause in all Architect-Engineer contracts except (i) those involving projects for which the Head of the installation determines that cost limitations are secondary to performance considerations and that additional funding can be expected if necessary, and (ii) those for the design of a standard structure which is not intended for a specific location site.

DESIGN WITHIN FUNDING LIMITATIONS (NOVEMBER 1974)

(a) The Architect-Engineer shall accomplish the design services required under this contract so,as to permit the award of a contract, pursuant to standard National Aeronautics and Space Administration procedures, for the construction of the facilities designed at a price that does not exceed the estimated construction contract price set forth in this contract. When bids or proposals for the construction contract are received which exceed such estimated price, the ArchitectEngineer shall perform such redesign and other services as are necessary to permit contract award within such funding limitation. These additional services shall be performed at no increase in the price of this contract. However, the Architect-Engineer shall not be required to perform such additional services at no cost to the Government if the unfavorable bids or proposals are the result of conditions beyond his reasonable control.

(b) The Architect-Engineer will promptly advise the Contracting Officer if he finds that the project being designed will exceed or is likely to exceed the funding limitations and he is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Architect-Engineer's revised estimate of construction cost. The contracting officer may, if he determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth elsewhere in the contract, or he may adjust such estimated construction contract price. When bids or proposals are not solicited or where thay are unreasonably delayed, the Government shall prepare an estimate of constructing the design submitted and such estimate will be used in lieu of bids or proposals to determine compliance with the funding limitation.

NASA PROCUREMENT REGULATION

7.608-3

CONTRACT CLAUSES

(b) Whenever the clause set forth in (a) above is included in a contract, the statement set out below shall be inserted in the description of the work to be performed by the ArchitectEngineer.

The estimated construction contract price for the project described herein is S.............

The figure to be inserted in this statement is to be established at the beginning of contract negotiations by agreement between the Architect-Engineer and the Government. Such estimated construction contract price shall take into account any statutory or other limitations and exclude any allowances for Government supervision and overhead and any amounts set aside by the Government for contingencies. In negotiating the figure to be inserted, the Contracting Officer should make available to the Architect-Engineer the information upon which the Government has based its initial estimate and any subsequently acquired information which may affect the construction cost.

7.608-4 [Reserved]

7.608-5 Option for Supervision and Inspection Services. The following clause may be included in any fixed-price architect-engineer contract if supervision and inspection services by the architect-engineer during construction are contemplated. The details of such services must be set out in Appendix A of the contract.

OPTION FOR SUPERVISION AND INSPECTION SERVICES (NOVEMBER 1974)

At any time prior to six (6) months after satisfactory completion and acceptance of the work to be furnished hereunder, the Government at its option, may direct, by a written order, the Architect-Engineer to perform any part or all of the supervision and inspection services provided under Appendix A. Upon receipt of such direction, the ArchitectEngineer shall proceed with such work and services.

7.608-6 Requirements for Registration of Designers. The following clause shall be inserted in fixed-price architect-engineer contracts, except that it may be omitted from any contract (1) where the design is to be performed outside the United States, its possessions, or Puerto Rico, or (2) where the design is to be performed in a State or possession which does not have registration requirements for the particular field involved:

REQUIREMENTS FOR REGISTRATION OF DESIGNERS (NOVEMBER 1974)

The design of architectural, structural, mechanical, electrical, civil or other engineering features of the work shall be accomplished or reviewed and approved by architects or engineers registered to practice in the particular professional field involved in a State or possession of the United States, in Puerto Rico, or in the District of Columbia.

7.608-7 [Reserved]

7.608-8 Security Requirements. In accordance with 7.104-12, insert the clause set forth therein, substituting “Architect-Engineer" for "Contractor."

7.608-9 Subcontractor Cost or Pricing Data. In accordance with the requirements of 3.807-4, insert the appropriate clause set forth in 7.104-43, substituting "Architect-Engineer" for "Contractor."

28.

7.608-10 Price Reduction for Defective Cost or Pricing Data. Insert the clause set forth in 7.104–

7.608-11 [Reserved]

7.608-12 Authorization and Consent. Insert the clause set forth in 9.102(b).

7.608-13 [Reserved]

7.608-14 New Technology. In accordance with 9.107-4, insert the clause set forth in 9.107-5, substituting "Architect-Engineer" for "Contractor."

7.608-15 Filing of Patent Applications. In accordance with 9.106, insert the clause set forth therein, substituting "Architect-Engineer" for "Contractor."

7.608-16 Alterations in Contract. In accordance with 7.105-1, insert the clause set forth therein. 7.608-17 Rights in Data. Where the proposed contract calls for either (i) experimental, developmental, or research work, (ii) supplies and materials, or (iii) both, in addition to architectengineer work, the pertinent clause or clauses prescribed in 9.203 shall be included in the

7.608-4

CFR TITLE 41 CHAPTER 18

CLAUSES FOR CONSTRUCTION AND A-E CONTRACTS

contract, in addition to the appropriate clause prescribed in 7.607-7. In such cases, the contract shall indicate clearly that the clause or clauses in 9.203 apply only to the experimental, developmental, or research work, or only to the supplies and materials being procured, or both, and that the appropriate clause prescribed in 7.607-7 applies only to the architect-engineer work.

7.608-18 Cost Accounting Standards. In accordance with 3.1204, insert the clause set forth in 7.104-55, substituting “Architect-Engineer" for "Contractor."

7.608-19 Audit by National Aeronautics and Space Administration. In accordance with 7.10442(a), insert the clause set forth therein, substituting “Architect-Engineer" for "Contractor."

NASA PROCUREMENT REGULATION

7.608-19

Subpart 7-Clauses for Facilities Contracts

7.701 Applicability. As used throughout this Subpart, the term “facilities contract” means a contract under which Government facilities are provided to a contractor by the Government for use in connection with the performance of a separate contract or contracts for supplies or services. When property other than facilities is provided under a facilities contract, it shall be considered facilities for the purposes of that contract unless otherwise provided in the Schedule of the contract. Facilities contracts may take any of the following forms:

(i) consolidated facilities contracts, which provide for both

(A) the acquisition, construction, and installation of facilities; and

(B) the use, maintenance, accountability, and disposition of facilities;

(ii) facilities acquisition contracts, which provide for the acquisition, construction, and installation of facilities; or

(iii) facilities use contracts, which provide for the use, maintenance, accountability, and disposition of facilities.

7.702 Required Clauses for Consolidated Facilities Contracts. The following clauses shall be inserted in all consolidated facilities contracts.

7.702-1 Definitions.

DEFINITIONS (OCTOBER 1967)

As used throughout this Contract the following terms shall have the meanings set forth below:

(a) The term “Administrator" means the Administrator or Deputy Administrator of the National Aeronautics and Space Administration; and the term "his duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized to act for the Administrator.

(b) The term "Contracting Officer" means the person executing this Contract on behalf of the Government, and any other officer or civilian employee who is a properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his authority.

(c) Except as otherwise provided in this Contract, the term "Subcontracts" includes purchase orders under this Contract.

(d) The term "NASA" means the National Aeronautics and Space Administration.

(e) "Related Procurement Contract" means a Government contract or subcontract thereunder for furnishing supplies or services of any description, for the performance of which the use of the Facilities is or may be authorized. (f) “Facilities” means, for purposes of this contract, all property provided under this contract.

7.702-2 Facilities to be Provided.

FACILITIES TO BE PROVIDED (OCTOBER 1967)

(a) The Contractor, at Government expense and subject to the terms and conditions of this contract, shall scquire, construct, or install the Facilities, and perform the work related thereto, described in the Schedule.

(b) The Government, subject to the terms and conditions of this contract, shall furnish to the Contractor the Facilities identified in the Schedule as Government-furnished Facilities. The Contractor, at Government expense, shall perform such work with respect to these Government-furnished Facilities as may be described in the Schedule.

7.702-3 Late Delivery, Diversion, and Substitution.

LATE DELIVERY, DIVERSION, AND SUBSTITUTION (MARCH 1963)

(a) The Government shall not be liable to the Contractor for breach of contract by reason of nondelivery or of any delay in the delivery of the Facilities to be furnished by the Government hereunder.

(b) The Government may, if it is determined by the Contracting Officer to be in the best interest of the Government, divert the Facilities by directing:

(i) delivery of any or all the Facilities acquired by or furnished to the Contractor hereunder to locations other than those specified in the Schedule, and

(ii) assignment, to the Government or to third parties, of purchase orders or subcontracts of the Contractor for any or all the Facilities hereunder.

The work performed by the Contractor in complying with such direction shall be at Government expense.

(c) The Government may furnish any item of the Facilities, in lieu of the acquisition or construction thereof by the Contractor. In such event, the work performed by the Contractor in connection with the acquisition or construction of

NASA PROCUREMENT REGULATION

7.702-3

CONTRACT CLAUSES

such Facilities, including the cost of terminating purchase orders or subcontracts therefor, shall be at Government expense.

(d) Appropriate equitable adjustment may be made in any related procurement contract of the Contractor which so provides and which is affected by any nondelivery, delay, diversion, or substitution under this clause.

7.702-4 Changes.

CHANGES (MARCH 1963)

(a) The Contracting Officer may at any time, by written order and without notice to the sureties, if any, make changes, within the general scope of this contract, in the Facilities or work described in the Schedule. Work performed by the Contractor in complying with any such order shall be at Government expense. If any such change causes an increase or decrease in the estimated cost of this contract, in the time required for its performance, or otherwise affects any other provision of this contract, an equitable adjustment shall be made in the estimated cost, the completion schedule, or both, and the 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 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 "Disputes" clause of this contract. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

(b) Appropriate equitable adjustment may be made in any related procurement contract of the Contractor which so provides and which is affected by any such change.

In the foregoing clause, the period of “thirty (30) days" within which any claim for adjustment must be asserted may be varied not to exceed “sixty (60) days."

7.702-5 Representations and Warranties.

REPRESENTATIONS AND WARRANTIES (MARCH 1963)

(a) The Government makes no warranty, express or implied, regarding the condition of fitness for use of any item of the Facilities. To the extent practicable, the Contractor shall be afforded an opportunity to inspect all items of Facilities that are to be furnished by the Government prior to the shipment of such Facilities to the Contractor. In the event that any item of such Facilities is received by the Contractor in a condition not suitable for the intended use the Contractor shall, within thirty (30) days after receipt and installation thereof, notify the Contracting Officer of such fact and, as directed by the Contracting Officer and at Government expense, either (i) return such items or otherwise dispose of it, or (ii) effect repairs or modifications.

(b) Appropriate equitable adjustment may be made in any related procurement contract of the Contractor which so provides and which is affected by the return or disposition, or the repair or modification, of any item of Facilities under paragraph (a) above.

7.702-6 Inspection.

INSPECTION (OCTOBER 1967)

(a) The Facilities and work called for by this contract shall be subject to inspection and test by the Government, to the extent practicable at all times and places including the period of manufacture. The Contractor shall provide and maintain an inspection system acceptable to the Government covering the Facilities and work called for by this contract. The Government, through any authorized representative, may inspect such Facilities and work at the plant or plants of the Contractor or any of his subcontractors engaged in the performance of this contract. If any inspection or test is made by the Government on the premises of the Contractor or a subcontractor, the Contractor shall provide and shall require subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the Government inspectors in the performance of their duties. Ali inspections and test by the Government shall be performed in such a manner as will not unduly delay the work to be performed by the Contractor under this contract or any related procurement contract.

(b) The Contracting Officer may at any time require the Contractor to remedy by correction or replacement any Facilities or work which are defective or otherwise not in conformity with the requirements of this contract. Except as otherwise provided in paragraph (c) below, such corrections and replacements shall be carried out at Government expense if under the terms of this contract the Facilities or work thus corrected or replaced were initially provided or required to be performed at Government expense.

(c) The Contracting Officer may at any time require the Contractor, without cost to the Government hereunder or under any of its related procurement contracts or subcontracts, to correct or replace any Facilities or work which are defective or otherwise not in conformity with the requirements of this contract, if such defects or failures are due to: (i) fraud, lack of good faith, or willful misconduct on the part of any of the Contractor's directors or officers, or on the part of any of his managers, superintendents, or other equivalent representatives who has supervision or direction of(A) all or substantially all of the Contractor's business;

7.702-4

CFR TITLE 41 CHAPTER 18