CONTRACT CLAUSES

(3) Name of Contractor making the award.

(4) A statement as to whether the subcontractor has made or proposes to make any changes to accounting practices that affect prime contracts or subcontracts containing the "Cost Accounting Standards " clause or "Disclosure and Consistency of Cost Accounting Practices" clause because of the award of this subcontract unless such changes have already been reported. If award of the subcontract results in making a Cost Accounting Standard(s) effective for the first time. this shall also be reported.

(f) For negotiated subcontracts containing the clause entitled "Cost Accounting Standards," require the subcontractor to comply with all Standards in effect on the date of final agreement on price as shown on the subcontractor's signed certificate of current cost or pricing data or date of award whichever is earlier.

(g) In the event an adjustment is required to be made to any subcontract hereunder, notify the Contracting Officer in writing

of

such adjustment and agree to an adjustment in the price or estimated cost and fee of this contract, as appropriate, based upon the adjustment established under the subcontract. Such notice shall be given within thirty (30) days after receipt of the proposed subcontract adjustment, or such other date as may be mutually agreed to. and shall include a proposal for adjustment to such higher tier subcontract or prime contract as appropriate. (h) When either the Cost Accounting Standards clause or the Disclosure and Consistency of Cost Accounting Practices clause this clause are included in subcontracts. the term "Contracting Officer" shall be suitably altered to identify the purchaser.

and

7.104-56 Order of Precedence. The following clause, which may be modified to change the order or to add to delete items to meet the needs of a particular procurement, shall be included in all contracts which are not preceded by a written solicitation (see 2.201-1 Section C (6) and 3.501(b) Section C (44)).

ORDER OF PRECEDENCE (NOVEMBER 1965)

In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) the Schedule; (b) General Provisions; (c) the other provisions of the contract whether incorporated by reference or otherwise; and (d) the

Specifications.

7.104-57 Liability for Government Property Furnished for Repair or Other Services. In accordance with the requirements of 13.702(c), insert the clause set forth therein.

7.104-58 Safety and Health.

the

In accordance with requirements of Part 1, Subpart 52, insert the clause set for th in 1.5204.

CFR TITLE 41 CHAPTER 18

CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS

7.104-59 Reserved

7.104-60 Report on NASA Subcontracts. In accordance with the requirements of 21.500, insert the clause set forth therein.

NASA PROCUREMENT REGULATION

ACTS

accor classe

7.104-61

CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS

In

Rights in Data for Potentially Hazardous Items. :cordance with the requirements of 9.203-6, insert the clause erein.

7.104-62 Potentially Hazardous Items. In accordance with the !quirements of 1.351, insert the clause set forth therein. 7.104-63 Required Source for Jewel Bearings and Related Items. 1 accordance with the requirements of 1.315, insert the lause set forth therein.

7.104-64 Contractor-Furnished Returnable Gas Cylinders and :her Containers. Insert the following clause in contracts wvolving the purchase of gas in contractor-furnished returnable linders where the contractor retains title to the cylinders. 1e clause may be used, with appropriate modification, in ontracts for other supplies involving reels. spools. drums, irboys, liquid petroleum gas containers, or other reusable intainers, where the contractor is to retain title to the ontainers.

RETURNABLE GAS CYLINDERS (MARCH 1980)

(a) Cylinders shall remain the property of the Contractor but ill be loaned without charge to the Government for a period of irty (30) days after the date of delivery of the cylinders to he f.o.b. point specified in the contract. Beginning with the irst day after the expiration of the thirty (30) day loan eriod to and including the day the cylinders are delivered to he Contractor where the original delivery was f.o.b. origin, or ) and including the date the cylinders are delivered or are ade available for delivery to the Contractor's designated arrier in the case where the original delivery was f.o.b. estination, the Government shall pay the Contractor a rental of dollars ($...... ..) per cylinder per day,

egardless of type or capacity.

*The time period may be modified ustomary commercial practice ontainer being rented.

to

comply with the for the particular type of

for

(b) This rental charge will be computed separately linders of differing types, sizes. and capacities, and for ich point of delivery named in the contract. A credit of thirty 30) cylinder days will accrue to the Government for each /linder. regardless of type or capacity, delivered by the ontractor. A debit of one (1) cylinder day will accrue to the

NASA PROCUREMENT REGULATION

CONTRACT CLAUSES

of

No

Government for each cylinder for each day after delivery to the f.o.b. point specified in the contract. At the end of the contract, if the total number of debits exceeds the total number of credits. rental shall be charged for the difference. If the total number of credits equals or exceeds the total number debits, no rental charges will be made for the cylinders. rental shall accrue to the Contractor in excess of the replacement value per cylinder specified in (c) below. (c) For each cylinder lost or damaged beyond repair while the Government's possession, the Government shall pay to the Contractor the replacement value as follows, less the allocable rental paid therefor:

(1) oxygen cylinders of

in

$.

(iv) acetylene cylinders of 230-300 cubic foot capacity (d) Cylinders lost, or damaged beyond repair, and paid for by the Government shall become the property of the Government, subject to the following: If any lost cylinder is located within (insert period of time) after payment by the Government, it may be returned to the Contractor by the Government, and the Contractor shall pay to the Government an amount equal to the replacement value, less rental computed in accordance with (a) above, beginning at the expiration of the thirty (30) day loan period specified in (a) above. and continuing to the date on which the cylinder was delivered to the Contractor.

(End of clause)

7.104-65 through 7.104-83 [Reserved]

7. 104-84 Fast Payment Procedure. In accordance with the requirements of 3.606-3(b), insert the clause set forth therein. 7.104-85 [Reserved]

7.104-86 Notification of Changes. The following clause is prescribed for use in accordance with 26.802

NOTIFICATION OF CHANGES (AUGUST 1977)

term

(a) Definitions. As used in this clause, (i) the term "Contracting Officer" does not include any representative of the Contracting Officer whether or not such representative is acting within the scope of his authority. and (ii) the "specifically authorized representative" means any person the Contracting Officer has so designated by written notice which shall refer to this subparagraph and shall be issued to the designated representative prior to his invocation of such

CFR TITLE 41 CHAPTER 18

CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS

authority (and a copy of which shall be provided to the Contractor.)

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct which the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Contracting Officer in writing promptly, and in any event within .....* (*to be negotiated) calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) which the Contractor regards as a change to the contract terms and conditions. The Notice

shall state. on the basis of the most accurate information available to the Contractor:

(i) the date. nature. and circumstances of the conduct regarded as a change:

(ii) the name. function. and activity of each Government individual and contractor official or employee involved in or knowledgeable about such conduct;

(iii) the identification of any documents and the substance of any oral communication involved in such conduct;

(iv) in the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(v) the particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including:

(1) what contract line item(s) have been or may be affected by the alleged change;

(2) what labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

(3) to the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change:

(4) what adjustments to contract price, delivery schedule. and other provisions affected by the alleged change are estimated; and

(vi) the Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance.

(c)___Continued Performance. Following submission of the notice required by (b) above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless such notice reports a direction of the Contracting Officer or a communication from a specifically authorized representative of the Contracting Officer, in either of which events the Contractor shall continue performance in compliance therewith, provided, however, that if the Contractor regards the direction or communication as a change as described in (b) above. notice shall be given as there in provided. A11

NASA PROCUREMENT REGULATION