Subcontractors and Outside Associates and Consultants. Composition of Architect-Engineer. Rights in technical data - long form. Small Business subcontracting program. 9-7.802-26 9-7.802-27 9-7.802-28 9-7.802-29 9-7.802-30 9-7.802-31 Gratuities. 9-7.802-32 9-7.803 9-7.803-1 9-7.803-2 9-7.803-3 9-7.803-4 9-7.803-5 9-7.803-6 9-7.803-7 9-7.803-8 9-7.803-9 9-7.803-10 9-7.803-11 9-7.803-12 9-7.803-13 9-7.803-14 9-7.803-15 9-7.804 9-7.804-1 9-7.804-2 Minority business enterprises subcontracting program. Subcontractor cost and pricing data. Cost accounting standards. Privacy Act. Insurance. Alterations in contract. Classification. Security. ERDA additional clauses. Prioirities, allocations and allotments. $9-7.000 Scope of part. This part implements FPR Part 1-7 which sets forth contract clauses for use in connection with the procurement of personal property and nonpersonal services (including construction), and supplements, as well as modifies, FPR Part 1-7 by prescribing certain ERDA contract clauses to be used in addition to or in place of such FPR clauses. $9-7.050 General policy. It is policy to use the prescribed FPR and ERDA contract clauses wherever practicable; uniformity in the use of contract clauses tends to insure impartial treatment of all contractors, expedites negotiation and contract review, and facilitates contract administration. The clauses in Part 9-7 are categorized in the same manner as the clauses in FPR 1-7. There are three categories: required; when applicable; and additional. The deviation procedures which are applicable to each category are as follows: (a) Required clauses. The required FPR clauses in FPR 1-7, and the required ERDA PR clauses and modifications to FPR required clauses shall be used as prescribed. Textual modifications or deletion of any required clause requires approval in accordance with §9-1.009. Minor changes in wording which may become necessary in negotiations are not considered deviations; provided, Counsel determines that the change is not prohibited by statute, executive order, or administrative regulation and does not alter the meaning, intent or basic principles expressed in these clauses. (b) When applicable clauses. The clauses in this category shall be used where the circumstances for which the clauses were designed exist. Textual modifications or use of a clause covering the same subject matter which varies from a clause as set forth requires approval in accordance with $9-1.009. Minor changes in wording which may become necessary in negotiations are not considered deviations; provided, Counsel determines that the change is not prohibited by statute, executive order, or administrative regulation and does not alter the meaning, intent or basic principles expressed in these clauses. (c) Additional clauses. The additional clauses are provided for for guidance and use as decided locally. The clause text may be modified or other clauses substituted as needed without obtaining approval in accordance with $9-1.009. Subpart 9-7.1 Fixed-Price Supply Contracts $9-7.100 Scope. This subpart supplements FPR 1-7.1. $9-7.102 Required. FPR 1-7.102 sets forth required clauses. This section prescribes certain modifications to those FPR clauses and establishes additional ERDA required clauses. $9-7.102-1 Definitions Add the following paragraph (d) to FPR 1-7.102-1: (d) The term ERDA means the U. S. Energy Research and Development Administration. $9-7.102-19 Termination for convenience of the Government. Modify FPR 1-8.701 paragraph (f) by deleting all after the reference "(41 CFR 1-15)" and inserting the following in lieu thereof: "as supplemented or modified by ERDA-PR Part 9-15 (41 CFR 9-15) in effect on the date of the contract." $9-7.102-20 Pricing of adjustments. FPR 1-7.102-20 is modified by deleting all after "(41 CFR 1-15)" and inserting the following in lieu thereof: "as supplemented or modified by ERDA-PR Part 9-15 (41 CFR 9-15) in effect on the date of this contract." In the event of an inconsistency between provisions of this contract, the inconsistency shall be resolved by giving precedence as follows: (a) schedule; (b) statement of work; (c) the general provisions; (d) other provisions of the contract, whether incorporated by reference or otherwise; and (e) the contractor's technical proposal, if incorporated in the contract by reference or otherwise. $9-7.102-51 Renegotiation. Renegotiation If this contract is subject to the Renegotiation Act of 1951, as amended, the following provision shall apply: (a) This contract is subject to the Renegotiation Act of 1951 (50 USC App. 1211, et seq.), as amended, and to any subsequent act of Congress providing for the renegotiation of contracts. Nothing contained in this clause shall impose any renegotiation obligation with respect to this contract or any subcontract hereunder which is not imposed by an act of Congress heretofore or hereafter enacted. Sub-. ject to the foregoing, this contract shall be deemed to contain all the provisions required by section 104 of the Renegotiation Act of 1951, and by such other act, without subsequent contract amendment specifically incorporating such provisions. as (b) The contractor agrees to insert the provisions of this clause, including this paragraph (b), in all subcontracts, that term is defined in section 103 g. of the Renegotioation Act of 1951, as amended. $9-7.102-52 Patent indemnity. Insert the clause set forth in $9-9.103-3(b) under the conditions contained in §9-9.103. $9-7.102-53 Notice and assistance regarding patent and copyright infringement. Insert the clause in §9-9.104 under the conditions set forth therein. $9-7.102-54 Reporting of royalties. Insert the clause in §9-9.110 under the conditions set forth This section prescribes modifications to certain clauses in FPR 1-7.103 and provides ERDA clauses which shall be used when applicable in addition to clauses in FPR 1-7.103. $9-7.103-3 Examination of records by Comptroller General. Modify FPR 1-7.103-3 as follows: Substitue the words "unless the ERDA authorizes their prior disposition" or the words "or such lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the Federal Procurement Reglations Part 1-20, as appropriate" in paragraphs (b) and (c). Modify FPR 1-7.103-28, paragraph (c) (v), to read as follows: Identification of the type of subcontract to be used, and a copy of the proposed subcontract if it either exceeds $100,000 or is otherwise required by the contracting officer. $9-7.103-50 Classification. The following clause shall be included in all contracts which involve classified information: Classification In the performance of the work under this contract, the contractor shall assign classifications to all documents, material, and equipment orginated or generated by the contractor in accordance with classification guidance furnished to the contractor by the ERDA. Every subcontract and purchase order issued hereunder involving the origination or generation of classified documents, material, or equipment, shall include a provision to the effect that in the performance of such subcontract or purchase order the subcontractor or supplier shall assign classifications to all such documents, material and equipment in accordance with classification guidance furnished to such subcontractor or supplier by the contractor. $9-7.103-51 Government Property Insert the applicable Government property clause set forth in FPR 1-7.303-7. $9-7.103-52 Patent rights (long form). Insert the clause set forth in §9-9.107-5(a) under the conditions contained in §9-9.107-4(a). $9-7.103-53 Security. The following clause is required in contracts entered into under |