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CONTRACT CLAUSES

work, duty, or obligation under this contract which are not reimbursable hereunder.

7.704-4 Linitation forth in 7.702-11.

of Cost. Insert the clause set

2.704-5 Exanination of Records. In accordance with 7.104-15, insert the clause set forth therein.

7.704-6 Location of the Facilities. Insert the clause set forth in 7.702-8.

7.704-7

7.702-14. 7.704-8

7.702-6.

Maintenance.

Insert the clause set forth in

Inspection.____ Insert the clause set forth in

7.704-9 Title. Insert the clause set forth in 7.70215 except that the following paragraph (a) shall be substituted for the corresponding paragraph in that

clause:

(a) Title to the Facilities shall remain in the Government. Title to parts replaced by the Contractor in carrying out its normal maintenance obligations pursuant to the clause of this contract entitled "Main tenance" shall pass to and vest in the Government upon completion of their installation in the Pacilities.

7.704-10 Access. Insert the clause set forth in 7.702-16.

2.204-11 Property Control. Insert the clause set forth in 7.702-17.

7.704-12 Representations and Warranties. Insert the clause set forth in 7.702-5.

2.704-13 Government Bills of Lading. Insert the clause set forth in 7.702-9.

7.704-14 Liability for the Facilities. Insert the clause set forth in 7.702-18.

7.704-15 Indemnification of the Government. Insert the clause set forth in 7.702-20, deleting the ph ra se "Except as provided in the "Insurance-Liability to Third Persons' clause" in the first sentence.

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7.704-16 Notice of Use of the Facilities. Insert the clause set forth in 7.702-23.

7.704-17 Tersination of the Use of the Facilities. Insert the clause set forth in 7.702-24.

7.704-18 Period of This Contract, Insert the clause set forth in 7.702-25.

1.704-19 Disposition of the Facilities. Insert the clause set forth in 7.702-26.

CFR TITLE 41 CHAPTER 18

CLAUS ES FOR FACILITIES CONTRACTS

7.704-20 Failure to Perform.____Insert the clause set forth in 7.702-27, except that the phrase "Subject to the provisions of the clause hereof entitled "Excusable Delays'," shall be deleted in paragraph (a).

7.704-21 Disputes.___ Insert the clause set forth in 7.103-12.

1.704-22 Security Requirements. Insert the clause set forth in 7.702-29.

7.704-23 Assignment_of_Clains. Insert the clause set

forth 7.103-8.

7.704-24 officials Not To Benefit. Insert the clause set forth in 7.103-19.

7.704-25 Clean Air and Water. Insert the clause set forth in 1.2302-2

7.704-26 Covenant Against Contingent Fees. Insert the clause set forth in 1.503.

7.704-27 Payment for Overtine Preziuns. In accordance with the requirements of 12.102, insert the clause set forth in 12.102-6.

7.704-28 Convict Labor, In accordance with the requirements of Part 12, Subpart 2, insert the clause set forth in 7.104-17.

7.704-29 Equal Opportunity. In accordance with the provisions of 12.804, insert the appropriate clause set forth therein.

7.704-30 Contract Work Hours Standards Act-Overtime Compensation, Insert the appropriate clause se t in 12.303.

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forth

Insert the clause set forth in

7.704-33 Audit By National Aeronautics and Space Administration. In accordance with 7.104-42 (a), insert the clause set forth therein as amended by 7. 104-42 (b). 7.704-34 Pinancial Reporting of GovernmentOwned/Contractor-Held Property Insert the clause set forth in 7.104-54.

7.704-35 Competition in Subcontracting, clause set forth in 7.104-40.

Insert the

7.704-36_Interest. Insert the clause set forth in 7.103-53, except in contracts with non profit organizations.

7.704-37 Property Listings. Insert the clause set forth in 7.702-56.

1.707

7.704-38 Utilization of Small Business and Small Disadvantaged Business Concerns. In accordance with the instructions in 3. insert the appropriate clause set forth therein.

80-138 0-81--19

NASA PROCUREMENT REGULATION

CONTRACT CLAUSES

7.704-39 Notice of Intent to Disallow or Not Recognize Costs, Insert the clause in 7.203-30.

7.705 Clauses Required To Be Used When Applicable. The clauses set forth in this paragraph are to be used with the clauses required for use in (i) Consolidated Facilities Contracts (7.702), (ii) Facilities Acquisition Contracts (7.703), and (iii) Facilities Use Contract (7.704).

accordance with the

7.705-1 Rights in Data. In requirements of 9.203, insert the appropriate clause or clauses prescribed therein. Particular attention shall be given to obtaining data where necessary to make possible the use or disposal of facilities.

7.705-2 Filing of Patent Applications. In accordance with the requirements of 9.106, insert the clause set forth therein.

7.705-3 Priorities. Allocations, and Allotments. In accordance with the requirements of 1.307-2, insert-the clause set forth therein.

7.705-4 Transfer of Title to the Facilities. In accordance with the requirements of 13.350-1 and 13.350-4 the following clause may be inserted in facilities contracts with nonprofit educational ΟΣ research institutions when the "Title" clause in 7.70610 is not used.

TRANSFER OF TITLE TO THE FACILITIES (OCTOBER 1975)

Notwithstanding the provisions of the clause of this contract entitled "Title", the Contracting Officer may at any time during the term of this contract, or upon ccapletion or termination, transfer title to Contractor-acquired equipment to the Contractor upon such terms and conditions as may be agreed upon; provided that the Contractor shall not under any Government contract, or subcontract thereunder, charge for any depreciation, amortization, or use of such equipment as is donated under this clause. Upon the transfer of title to equipment under this clause, such equipment shall cease to be Government property.

7.705-5 Labor Standards for Construction Work. Except as provided in 12.403-3, and 12.403-4. every construction contract as this tera is defined in 12.402, shall include the following.

CFR TITLE 41 CHAPTER 18

CLAUS ES POR FACILITIES CONTRACTS

LABOR

STANDARDS FOR CONSTRUCTION WORK (NOVEMBER 1974) (a) In the event that construction, alteration, or repair (including painting and decorating) of public buildings or public works is to be performed hereunder the Contractor shall, prior to commencing the work, request the determinatica of the Contracting Officer as to the applicability of the Davis-Bacon and Copeland Acts and shall not perform any of said items hereunder without receipt of such determination.

(b) The Contractor shall, in the performance of itens of work so determined to be subject to the Davis-Bacon Act, comply with the following clauses set forth in 12.403-1 of the NASA Procurement Regulation in effect as of the date of this contract:

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CLAUSES FOR FACILITIES CONTRACTS

(v) Compliance with Copeland Regulations
(vi) Withholding of Funds

(vii) Subcontracts

(viii) Contract Termination-Debarment

(c)

Upon determination that the Davis-Bacon Act is applicable to any item of work to be performed hereunder, the Contractor shall submit a request for a predetermination of the prevailing wage rates to be made applicable to such work. Upon receipt of such request the Contracting Officer shall, as soon as possible, obtain a predetermination of the applicable prevailing wage rates and publish such rates and incidental instructions in numbered exhibits to this contract. Upon publication thereof such exhibits shall be considered the wage determination decision of the Secretary of Labor referred to in paragraph (a) of the "Davis-Bacon Act" clause. Each such exhibit shall indicate to what work the rates set forth therein shall apply, including the period of time within which subcontracts subject to such rates may be issued.

7.705-6 Buy American Act-Construction accordance with the requirements of 6.207(c), construction shall include the contract therein.

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7.705-7 Improvements to Buildings or Land Owned by the Government. Where necessary to assure that Government building or land will not be modified in a manner detrimental to the interests of the Government, the following clause shall be inserted.

IMPROVEMENT TO BUILDINGS OR LAND OWNED

BY THE GOVERNMENT (JANUARY 1964)

(a) The Contractor shall not construct or make. at his expense, any fixed improvement to, or structural alteration in the nature of, buildings or land owned or leased by the Government, without the prior written approval of Contracting Officer.

the

(b) For the purposes of paragraph (a). the terms "fixed improvement" and "structural alteration" mean any improvement to or alteration in the nature of buildings or land which, after completion, cannot be removed without substantial loss of or damage to the premises. Such terms do not include foundations for production equipment.

value

7.705-8 New Technology. In accordance with the requirements of 9.107-4, insert the New Technology clause of 9.107-5 or 9.107-6. 7.705-9 Required Source for Jewel Bearings. In accordance with the requirements of 1.315, insert the clause set forth therein. 7.705-10 Changes to Make-or-Buy Program. In accordance with the requirements of 3.901-4. insert the clause set forth therein.

7.705-11 (Reserved).

NASA PROCUREMENT REGULATION

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