PART 7 CONTRACT CLAUSES Subpart 1-Clauses for Fixed-Price Supply Contracts 7.000 Scope of Part. This Part sets forth uniform clauses to be used in contracts for property and services entered into by NASA, except in contracts to be performed outside the United States, its possessions, and Puerto Rico (hereafter referred to as foreign contracts). The clauses to be used in foreign contracts shall be as prescribed on a case-by-case basis in accordance with the provisions of Part 6, Subpart 7. 7.001 Incorporation of Contract Clauses by Reference. (a) Except as may be otherwise indicated with respect to individual clauses, provisions, or groups thereof, the clauses and provisions prescribed by this Part, and other appropriate Parts, are susceptible to incorporation by reference in solicitations and contracts in accordance with the following criteria: (1) A provision substantially as follows shall be employed to effect incorporation by reference: The following NASA Procurement Regulation clauses and provisions are hereby incorporated in this contract by reference with the same force and effect as if set forth in full text. The complete text for all of these clauses and provisions is available from the procurement office issuing this contract, and will be furnished upon request. The Contractor hereby acknowledges that he has in his possession or is otherwise familiar with all of the clauses and provisions incorporated herein by reference, and agrees to perform this contract in accordance with the provisions of such referenced clauses and the other provisions of this contract. (2) The Procurement Officer, or his designee, may further restrict incorporation by reference for specified contracts or classes of contracts. (3) So long as the verbatim text satisfies all solicitation or contract requirements, incorporation by reference is authorized, notwithstanding that the clause or provision (i) is identified for alternate or optional use or as a sample, or (ii) requires insertion of an appropriate schedule provision by the Government for its completion. (4) A clause or provision shall not be incorporated by reference if it (i) is not susceptible to precise identification as required by (1) above, (ii) requires completion by the offeror or contractor, or (iii) is otherwise impracticable for application of the technique. (b) Clauses and provisions published in NASA installation procurement instructions and procurement office NASA PR implementations shall not be incorporated by reference. (c) In case of a dispute, or other situation requiring the review of all or some of the clauses in a contract, the contracting officer shall be responsible for reconstructing the full text of all clauses incorporated by reference for use by other NASA offices, as required. 7.100 Scope of Subpart. This Subpart sets forth uniform clauses for use in fixed-price supply contracts as defined in 7.102. 7.101 [Reserved] 7.102 Applicability. As used throughout this Subpart, the term "fixed-price supply contract" means any contract entered into either by formal advertising or by negotiation, including letter contracts (except notices of award, contracts placed under Small Purchases Procedures (but see 3.608-2 (b)), and amendments or supplemental agreements which do not effect new procurement), at a fixed price (with or without provision for price redetermination, escalation, or other form of price revision), and for supplies other than construction, alteration, or repair of buildings, bridges, roads, or other kinds of real property; experimental, developmental, or research work, or facilities to be provided by the Government under a facilities contract as defined in 13.111. 7.103 Required Clauses. The following clauses shall be inserted in all fixed-price supply contracts. 7.103-1 Definitions. NASA PROCUREMENT REGULATION 7.103-1 |