CONTRACT CLAUSES

7.452-12 Limitation on Withholding of Payments. In accordance with the requirements of 7.104-21, insert the clause therein.

set

for th

7.452-13 Price Reduction for Defective Cost or Pricing Data. Insert the clause set forth in 7.104-28. 7.452-14 Changes to Make-or-Buy Program.

In accordance with the requirements of 3.901-4(b). insert the clause set for th therein.

7.452-15 Frequency Authorization. In accordance with 7.104-26. insert the clause set forth therein.

7.452-16 Required Source for Jewel Bearings and Related Items. In accordance with the requirements of 1.315, insert the clause set forth therein.

7.452-17 through 7.452-22 [Reserved]

7.452-23 General Services Administration Supply Sources. In accordance with the requirements of 5.907, the clause set forth therein shall be included in the contract.

7.452-24 Labor Surplus Area Subcontracting Program. In accordance with the requirements of 1.805-3(b). insert the clause set forth therein.

7.452-50 Optional Data Requirements. In accordance with the requirements of 9.203-2, insert the clause set forth therein.

7.452-51 Approval of Contract. The clause set forth in 7.104

51 shall be included when approval of the contract by the

Director of Procurement is required.

7.452-52 Preference for United States-Flag Vessels. Under the circumstances described in Part 1, Subpart 14, insert the clause set forth in 1.1402-3.

7.452-53 Limitation of

Government's Obligations. Where funding to complete the entire contract is not available at the time it is entered into, the clause set forth in 7.204-53 shall be included in the contract. with an implementing Schedule provision.

(Next page is 7-4:21)

CFR TITLE 41 CHAPTER 18

CLAUSES FOR COST-TYPE R&D CONTRACTS

7.452-54 Financial Reporting of Government-Owned/ContractorHeld Property. In accordance with the instructions in 7.104-54, insert the clause set forth therein.

7.452-55 Cost Accounting Standards. In accordance with 3.1204, insert the clause set forth in 7.104-55.

7.452-56 NASA Financial Management Reporting. Insert the appropriate clause set forth in 7.104-53 in accordance with the instructions set forth therein.

7.452-57 Key Personnel and Facilities. In accordance with the requirements of 1.352, insert the clause set forth therein. 7.452-58 Safety and Health. In accordance with requirements of Part 1, Subpart 52, insert the clause set in 1.5204.

7.452-59 Reserved

the

for th

7.452-60 Report on NASA Subcontracts. In accordance with the requirements of 21.500, insert the clause set forth therein.

7.452-61 Rights in Data for Potentially Hazardous Items. In accordance with the requirements of 9.203-6. insert the clause specified therein.

7.452-62 Potentially Hazardous Items. In accordance with the requirements of 1.351, insert the clause set forth therein. 7.452-63 Order of Precedence. In accordance with 7.104-56. insert the clause set forth therein.

7.452-64 [Reserved]

7.452-65 through 7.452-85 [Reserved]

7.452-86 Notification of Changes. In accordance with 26.802. insert the clause set forth in 7.104-86.

7.453 Additional Clauses. Except as otherwise provided in 7.460, the following clauses shall be inserted in all contracts prescribed in 7.450-1 if it is desired to cover the subject matter.

7.453-1 Changes.

CHANGES (SEPTEMBER 1962)

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; (ii) method of shipment or packing: (111) place of inspection, delivery, or acceptance; and (iv) the amount of Government-furnished property. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of this contract, or otherwise affects any other provision of this contract, whether changed or not changed by any such order, an equitable adjustment shall be made (1) in the estimated cost or delivery schedule, or both, and (11) in such other provisions of the contract as may be so affected, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within sixty (60)

NASA PROCUREMENT REGULATION

CONTRACT CLAUSES

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 clause of this contract entitled "Disputes." However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

be reduced In accordance

In the foregoing clause, the period of "sixty (60) days" within which any claim for adjustment must be asserted may to a period of not less than "thirty (30) days. with 10 U.S.C. 2306(f), prior to the pricing of any contract change or modification 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 3.807-6) and shall assure that the contract includes or is modified to include a Defective Pricing Data clause (see 7.104-28).

7.453-2 Alterations 7.105-1 may be inserted.

7.453-3 [Reserved]

in

Contract. The clause set forth in

7.453-4 Bill of Materials. The clause set forth in 7.105-6 may be inserted pursuant to the provisions thereof.

7.453-50 Notice of Delay. The clause set forth in 7.205-50 is authorized for use when it is desirable to provide for notice by the contractor to the Government of anticipated delays in

performance.

7.453-51 [Reserved]__

7.453-52 Date of Incurrence of Costs. The clause set forth in 7.205-52 may be inserted when authorized in accordance with 15.205-30.

7.453-53 Contractor's Independent Research Program. In accordance with the instructions in 7.205-53. the clause set forth in 9.107-8 may be inserted.

7.453-54 through 7.453-56 [Reserved]

7.453-57 Federal, State, and Local Taxes. (See 11.402.)

CFR TITLE 41 CHAPTER 18

CLAUSES FOR COST-TYPE R&D CONTRACTS

7.453-58

Excusable Delays. The clause set forth in 8.708 may

be inserted in the contract.

7.460 Short Form Clauses for Cost-Reimbursement Type Research Contracts With Nonprofit Institutions (Including Educational Institutions). Notwithstanding the provision of 7.402. 7.403, 7.451, and 7.452, the clauses set forth or referred to in this paragraph 7.460 shall be used in contracts for basic or applied scientific research at nonprofit institutions of higher education or at nonprofit institutions whose primary purpose is the conduct of scientific research when a short form contract is desired. (See 1.236 for the definition of nonprofit institution.)

7.460-1 Definitions. Insert the clause set forth in 7.103-1. 7.460-2 Limitation of Cost. Insert the clause set forth in 7.451-2.

7.460-3 Government Property. In accordance with 13.707. insert the clause(s) required therein.

7.460-4 Cost Accounting Standards. In accordance with 3. 1204, insert the clause set forth in 7. 104-55.

7.460-5 Insurance-Liability

to Third Persons. In accordance with the requirements of 7.402-26, insert either the clause set for th in 7.203-22 or the appropriate clause indicated in 7.40226. When the clause in 7.203-22 is used, the title "Allowable Cost, Fixed Fee, and Payment" in paragraph (c) shall be changed to read "Allowable Cost and Payment. "

7.460-6 Examination of Records by Comptroller General. In accordance with 7.104-15, insert the clause set forth therein. 7.460-7 Release of Information. Insert the clause set forth in 7.350-5.

7.460-8 New Technology. Insert the "New Technology" (Short Form) clause of 9.107-6.

7.460-9 Rights in Data. Insert the appropriate clause as prescribed by 9.203.

7.460-10 Authorization

forth in 9. 102(b).

and Consent. Insert the clause set

7.460-11 Notice and Assistance Regarding Patent and Copyright Infringement. Insert the clause set forth in 9.104. 7.460-12 Security. Insert the clause set forth in 7.350-6. 7.460-13 Disputes. Insert the clause set forth in 7.103-12.

NASA PROCUREMENT REGULATION

CONTRACT CLAUSES

7.460-14 Termination. Insert the clause set forth in 8.705-50(b).

7.460-15 Buy American Act. Insert the clause set forth in 6.104-5.

7.460-16 Equal Opportunity. In accordance with the provisions of 12.804, insert the appropriate clause set forth therein.

7.460-17 Covenant Against Contingent Fees. Insert the clause set forth in 1.503.

7.460-18 officials Not To Benefit, Insert the clause set forth in 7.103-19.

7.460-19 Convict Labor. In accordance with Part 12, Subpart 2, insert the clause set forth in 7.104-17.

7.460-20 Allowable Cost and Payment. Insert the clause set forth in 7.451-3.

7.460-21 Audit by National Aeronautics and Space Adainistration. In accordance with 7.104-42 (a), insert the clause set forth the rein.

1.460-22 Clean Air and Water Insert the clause set forth in 1.2302-2.

7.460-23 Notice of Intent to Disallow ΟΙ Not Recognize Costs. Insert the clause in 7.203-30.

7.461 Additional Clauses. When circumstances justify it, the clauses prescribed in 7.402, 7.403, 7.404, 7.451, 7.452, and 7.453 may be added to or substituted for the clauses set forth in 7.460-1 through 7.460-21; however, care should be exercised to ensure that there are no inconsistencies.

CFR TITLE 41 CHAPTER 18