CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS (f) In all subcontracts hereunder, except those covered by (g) below. the Contractor shall either: (1) insert, with the advance written consent of the Contracting Officer, the substance of this clause including this paragraph (f) suitably altered to reflect the relationship of the contracting parties; or (ii) insert the substance of the clause in 7.104-45(a), suitably altered to reflect the relationship of the contracting parties. (g) In subcontracts for both major items for which this clause is appropriate, and other end items for which the clause in 7.104-45(a) is appropriate, the substance of both clauses shall be included, with the advance written consent of the Contracting Officer, with the following preamble to this clause: (The provisions of this clause shall apply only to those items identified in this contract as being subject to this clause.) The Contractor shall identify high unit cost items by line item. (End of preamble) (c) In contracts for the purchase of both major items (see 1.330) for which the clause in (b) above is appropriate, and other contract end items for which the clause in (a) above is appropriate, the clauses in both (a) and (b) above shall be included, with following preamble to the "LIMITATION OF LIABILITY - MAJOR ITEMS" clause. (The provisions of this clause shall apply only to those items identified in this contract as being subject to this clause.) The Contracting Officer shall identify high unit cost items by line item. (End of preamble) 7.104-46 through 7.104-49 (Reserved) 7.104-50 Optional Data Requirements. In accordance with the requirements of 9.203-2, insert the clause set forth therein. 7.104-51 Approval of Contract. Insert the clause set forth below in the contract when approval thereof by the Director of Procurement is required. (The clause is not to be incorporated by reference.) APPROVAL OF CONTRACT (JUNE 1978) This contract (modification) shall be subject to the written approval of the Director of Procurement, NASA Headquarters, or his duly authorized representative, and shall not be binding until so approved. NASA PROCUREMENT REGULATION 7.104-53 NASA Financial Management Reporting. When financial management reporting on NASA Form 533 series of reports is required (see NASA Management Instruction 9501.18. "Contractor Financial Management Reporting System" and NASA Handbook 9501.28 "Procedures for Contractor Reporting of Correlated Cost and Performance Data") such requirement will be set for th in the Procurement Request. and the appropriate clauses set forth in (a) and (b) below shall be set forth in the contract. (a) The clause set forth below shall be used when the NASA Form 533 series of reports. excluding the optional Monthly Contractor Financial Management Performance Analysis Report (NASA Form 533P). is required from the contractor: NASA FINANCIAL MANAGEMENT REPORTING (a) Financial Management Reports shall be submitted by the Contractor on NASA Form 533 series of reports in accordance with the instructions set forth in NASA Handbook "Procedures for Contractor Reporting of Correlated Cost and Performance Data" (NHB 9501.2B) and on the reverse side of the form, as supplemented in the Schedule of this contract. The detailed reporting categories to be used, which shall be correlated with the technical/schedule reporting, will be set forth in the Schedule of this contract. Implementation by the Contractor of reporting requirements under this clause shall include NASA approval of the definitions of the content of each reporting category. and will give due regard to the Contractor's established financial management information system. (b) Lower level detail, which the Contractor utilizes for its own management purposes to validate Information reported to NASA, shall be compatible with NASA requirements. (c) Reports shall be submitted in the number of copies, at the time, and in the manner set forth in the Schedule of this contract or as designated administratively in writing by the Contracting Officer. Upon completion, and acceptance by NASA, of all contract schedule line items, the contractor. unless otherwise directed in writing by NASA, shall discontinue submitting the detailed NASA Form 533 report, 'and shall limit subsequent reporting to specific line items reflecting cost increases or decreases on a quarterly basis. (d) The Contractor agrees to insert the substance of this clause in all first tier cost type subcontracts specifically identified in writing by the Contracting Officer and shall include the cost of such subcontracts in his cost reports. or (e) During the performance of this contract, if NASA requires a change, either an increase or decrease in the information reporting requirements specified in the Schedule, or as provided for in (a) or (c) above, such change shall be effected by the Contracting Officer in accordance with the procedures of the "Changes" clause of this contract. CFR TITLE 41 CHAPTER 18 CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS (b) The clause set forth belcw shall be used in conjunction with the clause in subparagraph (a) above when the optional Monthly Performance Analysis Report is also required from the contractor. NASA FINANCIAL MANAGEMENT REPORTING (PERFORMANCE Monthly reporting of contract performance shall be accomplished on the NASA Monthly Ccntractor Performance Analysis Report (NASA Form 533P) in accordance with the instructions set forth in NASA Handbook "Procedures for Contractor Reporting of Correlated Cost and Performance Cata" (NHE 9501.2A) and cn the reverse side of the form, as supplemented in the Schedule of this contract. below 7.104-54______Financial Reporting _____cf__ GovernmentCwned/Contractor-Held Property, The clause set fcrth shall be inserted in all contracts which contain cne of the following Government Property clauses: 13.702; 13.703; 13.706; 13.707 or 7.702-17 (Property Control) except where the contracting officer is virtually certain that Government property will not be furnished to, cr acquired by, the contractor (i.e., as in mcst study contracts, certain ccntracts for services, etc.). FINANCIAL REPORTING OF GOVERNMENT-CWNEC/CCNTRACTOR-HELD PROPERTY (JUNE 1979) (a) The Contractor shall prepare and submit annually a "Repcrt of Government-Owned/Contractcr-Held Property" (NASA Form 1018), in accordance with the instructions cr the form and NASA Procurement Regulation B. 311 or c. 311, as appropriate, except that repcrting cf space hardware shall be required cnly upcr the written ċirection of the Contracting Officer identifying the specific project iters to be sc reported. (b) If administration of this contract has been delegated to the Department of Defense, the criginal and three copies of NASA Form 1018 shall be submitted through the DOD Property Administrator to the NASA cffice identified below. If administered by NASA, the NASA PROCUREMENT REGULATION CONTRACT CLAUSES forms shall be submitted directly tc the designated NASA office: (၁) (Insert the address and office code of the organization within cognizant NASA Installation responsible for control and distribution. of the NASA Form 1018) The annual reporting period shall be from July 1 of each year to June 30 of the following year. The report shall be submitted by July 31. (d) The Contractor agrees to insert the reporting requirement in all first-tier subcontracts, except that such requirement shall provide for the submission of the subcontractor repcrts directly to the Contractor. The Contractor shall require the subcontractor refcrts to be submitted to him in sufficient time to meet the reporting date in (c) above. (e) The Contractor's annual report shall consist of a ccnsoliċation of the subcontractcr repcrts and the Contractor's report. 7.104-55 Cost Acccunting Standards, (a) (1) Insert the following clause in all sclicitations likely to result in a negotiated contract Exceeding $100,000, and in all such ccntracts exceeding $100,000, unless exempt in accordance with 3.1204-1(a). COST ACCOUNT ING STANDARDS (MAY 1978) (a) Urless the Cost Accounting Standards Board has prescrited rules or regulations, exempting the Contractor or this contract from standards, rules, and regulations promulgated pursuant to 50 t.S.C. Aff. 2168 (Public Law 91-379, August 15, 1970), the Contractor, in connection with this contract shall: (1) By submission of a Disclosure Staterent, disclose in writing his cost accounting practices as required by regulations of the Cost Accounting Standards Board. The required disclosures must be rade Frior to contract award unless the Contracting Officer provides a written notice to the Contractcr authorizing Fost-award submission in accordance with regulations of the Cost Accounting Standards Board. The practices ċisclosed for this contract shall be the same as the practices currently disclosed and applied on all cther CFR TITLE 41 CHAPTER 18 CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS contracts and subcontracts being performed by the Contractor and which contain this Cost Accounting Standards clause. If the Contractor has notified the Contracting officer that the Disclosure Statement contains trade secrets and commercial or financial information which is privileged and confidential, the Disclosure Statement will be protected and will not be released outside of the Government accounting (1) above in performance cost any change in purposes of any to Cost Accounting (2) Follow consistently the cost Fractices disclosed pursuant to accumulating and reporting contract data concerning this contract. If disclosed practices is made for contract or subcontract subject Standards Board requirements, the change must be applied prospectively to this contract, and the Disclosure Statement must be amended accordingly. If the contract price or cost allowance of this contract is affected by such changes, adjustment shall be made in accordance with subparagraph (a) (4) or (a) (5) below, as appropriate. (3) Comply with all Cost Accounting Standards in effect on the date of award of this contract or if the Contractor has submitted cost or pricing data, on the date of final agreement on price as shown on the Contractor's signed certificate of current cost or pricing data. The Contractor shall also comply with any Cost Accounting Standard which hereafter become s applicable to a contract or subcontract of the Contractor. Such compliance shall be required frospectively from the date of applicability to such contract or subcontract. (4) (A) Agree to an equitable adjustment as provided in the " Changes" clause of this contract if the contract co st is affected by a change which, pursuant to (3) above, the Contractor is required to make to his established cost accounting practices whether such Fractices are covered by a Disclosure Statement or not. (B) Negotiate with the Contracting Officer to determine the terms and conditions under which a change may be made to either a disclosed cost accounting cost accounting practice, practice or an established NASA PROCUREMENT REGULATION |