No CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS 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 set forth in 1.503. Against Contingent Fees. Insert the clause for Convenience of the 7.103-21 Termination Insert the appropriate clause set forth in 8.701. Government. 7.103-22 Authorization and Consent. Insert the clause set forth in 9.102(a). 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 (i) 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; (111) the date of transmittal by the Government Contractor of a proposed supplemental agreement to 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. to the confirm a 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: PRICING OF ADJUSTMENTS (AUGUST 1970) or 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. NASA PROCUREMENT REGULATION CONTRACT CLAUSES 7.104-1 Clauses for Contracts Involving Construction Work. (Next page is 7-1:7) CFR TITLE 41 CHAPTER 18 CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS (a) In accordance with the Subpart 4, insert in requirements of Part 12, fixed-price supply contracts which involve ccnstruction work the clauses listed below, which are set forth in 12.403-1: Davis-Bacon Act Compensation Hours and Safety Standards Act-Overtime Apprentices and Trainees Payrolls and Basic Records Compliance With Copeland Regulations Withholding of Funds Subcontracts Contract Termination-Debarment (b) on In accordance with the requirements of 6.207, insert in all contracts for construction, except those executed Standard Form 19 and NASA Form 1379, the clause entitled "Euy American," as set forth in 6.207 (c). Are as. 7.104-2 Communi st In accordance with the requirements of 6.403, insert the clause set forth therein. 7.104-3 Buy American Act. In accordance with the requirements of Part 6, Subpart 1, insert the clause set forth in 6.104-5. 7.104-4 Notice to the Government of Labor Disputes. Wherever work is to be performed and a work stoppage would result in delay in an urgent NASA program, insert the following clause: NOTICE TO THE GOVERNMENT OF LABOR (a) Whenever the Contractor has knowledge that any actual cr potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice thereof, including all relevant information with respect the re to, to the Contracting Officer. (b) The Contractor agrees to insert the substance of this clause, including this paragraph (b), in any subcontract hereunder as to which a labor dispute may delay the timely performance of this contract; except that each such subcontract shall provide that in the event its timely performance is delayed or threatened by delay by any actual cr potential labor dispute, the subcontractor shall immediately notify his next higher tier subcontractor, or NASA PROCUREMENT REGULATION CONTRACT CLAUSES the prime contractor, as the case may be, of all relevant information with respect to such dispute. 7.104-5 Patent Indemnity. Under the circumstances specified in 9.103, the clause set forth therein may be included in the contract. 7.104-6 Filing of Patent Applications. In accordance with the requirements of 9.107-4, insert the clause set forth in 9.107-5 or 9.107-6. 7.104-7 New Technology. In accordance with the requirements of 9.107-4, insert the clause set forth in 9.107-5 or 9.107-6. 7.104-8 (Reserved) 7.104-9 Rights in Data. If data is to be furnished NASA under the contract, insert the appropriate "Rights in Data" clause or clauses as prescribed in 9.203. 7.104-10 Ground and Flight Risk. In all negotiated fixedprice type contracts for the production modification, maintenance, or overhaul of aircraft, insert the clause set forth in 10.404. 7.104-11 (Reserved) 7.104-12 Security Requirements. Insert the following clause in all classified contracts. If the situation warrants because of the nature of the item, or the location cr the conditions under which the contract is to be performed, such contract shall include a separate provision for such additional security safeguards as may be required (see paragraphs 1-103, 1-108, and 1-115, ISR). When the Security Requirements clause is inserted in any contract, the contracting officer or his authorized representative shall affrove and transmit a Contract Security Classification Specification (DD Form 254 and, if applicable, 254c) in accordance with 16-811 and Section VII, DOD 5220.22-R. The DD Form 254 is required in connection with all classified subcontracts unless excepted by DOD 5220.22-R. SECURITY REQUIREMENTS (a) The provisions of this clause shall apply to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret." (b) The Contractor shall comply with (i) the Security Agreement (DD Form 441), including the attached Department CFR TITLE 41 CHAPTER 18 CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS of Defense Industrial Security Manual for Safeguarding Classified Information (DOD 5220.22-M); and (ii) any revisions thereto, notice of which has been furnished to the Contractor. (c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government as provided in this clause and the security costs or time required for delivery under this contract are thereby increased or decreased, the contract price, delivery schedule, or both and any other provision of the contract that may be affected shall be subject to an equitable adjustment by reason of such increased or decreased costs. Any equitable adjustment shall te accomplished in the same manner as if such changes directed under the "Changes" "clause of this contract. were (d) The Contractor agrees to insert in all subcontracts tereunder which involve access to classified information provisions which shall conform substantially to the language of this clause, including this paragraph (d) but excluding the last sentence of paragraph (c) of this clause. 7.104-13 (Reserved) (End of clause) 7.104-14 Utilization of Small Business Concerns. In accordance with the instructions in 1.707-3 (a), insert the clause contained therein. 7. 104-15 Examination of Records By Comptroller General. Insert the clause set forth below in all contracts, unless Excepted under 6.1001. EXAMINATION OF RECORDS BY CCMPTRCLLER by means of restricted (a) This clause is applicable if the amount of this contract exceeds $10,000 and was entered into negotiation, advertising, but is not applicable if this entered into by means of formal advertising. including small business contract was Next page is 7-1:97 NASA PROCUREMENT REGULATION |