CONTRACT CLAUSES

In contracts for the furnishing of transportation and accessorial services, the words "properly. certified" shall be substituted for the word "proper" above.

7.103-8 Assignment of Claims.

ASSIGNMENT OF CLAIMS (SEPTEMBER 1962)

(a) Pursuant to the provisions of the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if this contract provides for payments aggregating $1,000 or more, claims for moneys due or to become due the Contractor from the Government under this contract may be assigned to a bank, trust company, or other financing institution, including any Federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any such assignment or reassignment shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except that any such assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in such financing. Unless otherwise provided in this contract, payments to an assignee of any moneys due or to become due under this contract shall not, to the extent provided in said Act, as amended, be subject to reduction or setoff. (The preceding sentence applies only if this contract is made in time of war or national emergency as defined in said Act and is with the Department of Defense, the General Services Administration, the Atomic Energy Commission, the National Aeronautics and Space Administration, the Federal Aviation Agency, or any other department or agency of the United States designated by the President pursuant to Clause 4 of the proviso of section 1 of the Assignment of Claims Act of 1940, as amended by the Act of May 15, 1951, 65 Stat. 41.)

(b) In no event shall copies of this contract or of any plans, specifications, or other similar documents relating to work under this contract, if marked "Top Secret," "Secret," or "Confidential," be furnished to any assignee of any claim arising under this contract or to any other person not entitled to receive the same. However, a copy of any part or all of this contract so marked may be furnished, or any information contained therein may be disclosed, to such assignee upon the prior written authorization of the Contracting Officer.

In negotiated procurement, where a contractor is indebted to the Government as a result of dealings with NASA or other Government agencies, the last sentence before the sentence in parentheses of paragraph (a) of the "Assignment of Claims" clause, which is commonly referred to as the "no-set-off" provision, shall be omitted if such action is requested by other Government agencies or if it otherwise appears to be appropriate to protect the interests of the Government. In any event, the "no-set-off" provision shall be omitted from contracts for transportation services provided by common carriers who are subject to the Interstate Commerce Act, as amended, or the Civil Aeronautics Act of 1938. The assignee is required by the Assignment of Claims Act, as amended, to "File written notice of the assignment together with a true copy of the instrument of assignment with (i) the contracting officer or the head of his department or agency; (ii) the surety or sureties upon the bond or bonds, if any, in connection with such contract; and (iii) the disbursing officer, if any, designated in such contract to make payment."

When Standard Form 32 is used, the form need not be changed to delete the parenthetical sentence at the end of paragraph (a) of the clause.

7.103-9 Additional Bond Security.

7.103-8

CFR TITLE 41 CHAPTER 18

CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS

ADDITIONAL BOND SECURITY (SEPTEMBER 1962)

if

If any surety upon any bond furnished in connection with this contract becomes unacceptable to the Government, or any such surety fails to furnish reports as to his financial condition from time to time as requested by the Government, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of the Government and of persons supplying labor or materials in the prosecution of the work contemplated by this contract. 7.103-10 Federal, State, and Local Taxes. Insert the appropriate clause set forth in 11.401-1 or 11.401-2. 7.103-11 Default. In accordance with the requirements of 8.707, insert the clause set forth therein. 7.103-12 Disputes.

DISPUTES (JUNE 1980)

(a) This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613).

(b) Except as specified in 1.314-3(b) of the NASA Procurement Regulation, all disputes arising under or relating this contract shall be resolved in accordance with this clause.

to

(c)(1) "Claim" as used herein, means a written demand by one of the contracting parties seeking, as a matter of right. the payment of money. adjustment or interpretation of contract terms, or other relief, arising under or relating to this contract. However, a written demand by the Contractor seeking the payment of money in excess of $50,000 is not a claim until certified as required by paragraph (d) of this clause.

(ii) A voucher, invoice. or other routine request for payment that is not in dispute when submitted is not a claim for the purposes of the Act. However, where such submission is subsequently disputed either as to liability or amount or not acted upon within a reasonable time. it may be converted to a claim under the Act by complying with the submission and certification requirements of this clause.

(iii) Contractor claims shall be made in writing and submitted to the Contracting Officer for a decision. Government claims against the Contractor shall be decided by

the Contracting Officer.

(d) For Contractor claims of more than $50,000. the Contractor shall submit with the claim a certification stating that the claim is made in good faith; the supporting data are accurate and complete to the best of the Contractor's knowledge and belief; and the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable. The certificate shall be executed by the Contractor if an individual. When the

NASA PROCUREMENT REGULATION

CONTRACT CLAUSES

Contractor is not an individual, the certification shall be executed by a senior company official in charge at the Contractor's plant or location involved, or by an officer or general partner of the Contractor having overall

responsibility for the conduct of the Contractor's affairs. (e) For Contractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the contractor, render a decision within 60 days after receipt of the request. For Contractor certified claims in excess of $50,000. the Contracting Officer must decide the claim within 60 days or notify the Contractor of the date when the decision will be made.

(f). The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) Interest on the amount found due on a Contractor claim shall be paid from the date the Contracting Officer receives the claim, or from the date payment otherwise would be due, if such date is later, until the date of payment.

(h) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal or action arising under the contract, and comply with any decision of the Contracting Officer.

(End of clause)

The following paragraph shall be substituted for paragraph (h) of the clause above as required under the circumstances described in 1.314-3(a)(ii).

(h) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal or action arising under or related to the contract, and comply with any decision of the Contracting Officer.

7.103-13 (Reserved).

7.103-14 Clean Air and Water. Insert the clause set forth in 1.2302-2.

7.103-15 (Reserved)

7.103-16 Contract Work Hours Standards Act-Overtime Compensation. Insert the clause set forth in 12.303-1. Note the prefatory language required by 12.303-2 for use in contracts with a state or political subdivision thereof.

7.103-17 Walsh-Healy Public Contracts Act. Insert the Clause set forth in 12.605.

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CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS

7.103-18 Equal Opportunity. In accordance with the provisions of 12.804, insert the appropriate clause set for th therein.

7.103-19 Officials Not To Benefit.

OFFICIALS NOT TO BENEFIT (SEPTEMBER 1962)

No member of

or delegate to Congress. or resident commissioner, shall be admitted to any share or part of this contract. or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a Corporation for its general benefit.

7.103-20 Covenant Against Contingent Fees. Insert the clause set forth in 1.503.

7.103-21

Termination for Convenience of the Government. Insert the appropriate clause set forth in 8.701. 7.103-22 Authorization and Consent.

forth in 9.102(a).

Insert the clause set

7.103-23 Notice and Assistance Regarding Patent and Copyright Infringement. Insert the clause set forth in 9. 104. 7.103-50 thru 7.103-52 [Reserved]

7.103-53 Interest.

INTEREST (NOVEMBER 1974)

Notwithstanding any other provision of this contract, unless paid within thirty (30) days all amounts that become payable by the Contractor to the Government under this contract (net of any applicable tax credit under the Internal Revenue Code) shall bear interest from the date due until paid. The interest rate per annum shall be the interest rate in effect which has been established by the Secretary of the Treasury pursuant to Public Law 92-41. 85 Stat. 97, as of the date the amount becomes due as herein provided. Amounts shall be due upon the earliest one of (1) the date fixed pursuant to this contract; (ii) the date of the first written demand for payment, consistent with this contract, including demand consequent upon default termination; (141) the date of transmittal by the Government to the Contractor of a proposed supplemental agreement to confirm completed negotiations fixing the amount. or (iv) if this contract provides for revision of prices, the date of written notice to the Contractor stating the amount of refund payable in connection with a pricing proposal or in connection with negotiated pricing agreement not confirmed by contract supplement.

a

or

7.103-54 Pricing of Adjustments. Insert the following clause in all contracts which contain the "Changes" clause provisions for adjustment of the contract price:

NASA PROCUREMENT REGULATION

CONTRACT CLAUSES

PRICING OF ADJUSTMENTS (AUGUST 1970)

When costs are a factor in any determination of a contract price adjustment pursuant to the "Changes" clause or any other provision of this contract, such costs shall be in accordance with Part 15 of the NASA Procurement Regulation as In 7.104 Clauses Required To Be Used When Applicable.

7.104-1 Clauses for Contracts Involving Construction Work.

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CFR TITLE 41 CHAPTER 18