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CLAUSES FOR FIXED-PRICE RESEARCH AND DEVELOPMENT CONTRACTS

(b) In accordance with the requirements of 6.207, insert in all contracts for construction, except those executed on Standard Form 19 and NASA Form 1379, the clause entitled “Buy American,” as set forth in 6.207(c).

7.303—2 Filing of Patent Applications. In accordance with the requirements of 9.107, insert the clause set forth therein.

7.303–3 through 7.303-5 (Reserved]

7.303-6 Priorities, Allocations, and Allotments. In accordance with the requirements of 1.307–2, insert the clause set forth therein.

7.303–7 Government Property. In accordance with the requirements set forth in 13.702 or 13.706, insert the appropriate contract clause.

7.303–8 Soviet-Controlled Areas. In accordance with the requirements of 6.403, insert the clause set forth therein and include in the Schedule of the contract the list of Soviet-controlled areas set forth in 6.401-2.

7.303–9 Notice to the Government of Labor Disputes. In accordance with the requirements of 7.104-4, insert the clause set forth therein.

7.303–10 Limitation on Withholding of Payments. In accordance with the requirements of 7.104-21, insert the clause set forth therein.

7.303–11 Small Business Subcontracting Program. In accordance with the provisions of 1.707, insert the clause set forth in 1.707–3(b).

7.303–12 Subcontracts. In accordance with the requirements of 23.201-1, insert the appropriate Subcontracts clause.

7.303–13 through 13.303–16 (Reserved]

7.303–17 Ground and Flight Risk. In all negotiated fixed-price type contracts for the production, modification, maintenance, or overhaul of aircraft, insert the clause set forth in 10.404.

7.303–18 through 7.303–22 (Reserved]

7.303–23 Progress Payments. In accordance with the requirements of 7.104–35, insert the appropriate clause as set forth therein.

7.303-24 [Reserved]

7.303–25 Labor Surplus Area Subcontracting Program. In accordance with the requirements of 1.805–3(b), insert the clause set forth therein.

7.303–26 (Reserved]

7.303–27 Competition in Subcontracting. In accordance with the requirements of 7.104-40, insert the clause set forth therein.

7.303–28 Contractor and Subcontractor Certified Cost or Pricing Data. In accordance with the requirements of 3.807–3, insert the clause set forth in 3.807-4.

7.303–29 Audit and Records. In accordance with the requirements of 7.104-42, insert the clause set forth therein.

7.303–50 Data Requirements. In accordance with the requirements of 9.202, insert the clause set forth in 9.202-1(e).

7.303–51 Approval of Contract. In accordance with the requirements of 7.104-51, insert the clause set forth therein.

7.303–52 Preference for United States-Flag Vessels. Under the circumstances described in Part 1, Subpart 14, insert the clause set forth in 1.1402–3.

7.303-53 (Reserved] 7.303–54 (Reserved]

[ 7.303–54

NASA PROCUREMENT REGULATION

CONTRACT CLAUSES

7.303–55 NASA PERT System. In accordance with the requirements of 7.204-55, insert the clause set forth therein.

7.303–56 NASA Financial Management Reporting. Insert the appropriate clause set forth in 7.204-56 in accordance with the instructions set forth therein.

7.303-57 Key Personnel and Facilities. In accordance with the requirements of 1.352, insert the clause set forth therein.

7.303-58 Safety and Health. In accordance with the requirements of Part 10, Subpart 50, insert the clause set forth in 10.5004.

7.303–59 Non-Use of Foreign-Flag Vessels Engaged in Cuban or North Vietnam Trade. In accordance with the requirements of 1.1410, insert the clause set forth therein.

7.303–60 Report on NASA Subcontracts. In accordance with the requirements of 16.902, insert the clause set forth therein.

7.303-61 Rights in Data for Potentially Hazardous Items. In accordance with the requirements of 9.204-52, insert the clause set forth in 9.204–52(c).

7.303–62 Potentially Hazardous Items. In accordance with the requirements of 1.351, insert the clause set forth therein.

7.303–63 Disclosure of Unsolicited Proposals Outside Government. . In accordance with the requirements of 1.304–2(c)(3), insert the clause set forth therein.

7.304 Additional Clauses. Insert the following clauses if it is desired to cover the subject matter.

7.304-1 Changes.
CHANGES (SEPTEMBER 1962)

The Contracting Officer may at any time, by a written order, and without notice to the sureties, if any, make changes, within the general scope of this contract, in any one or more of the following: (i) drawings, designs, or specifications, (ii) method of shipment or packing, (iii) place of inspection, delivery, or acceptance, and (iv) the amount of Government-furnished property. If any such change causes an increase or decrease in the cost of, or the time required for performance of, this contract, or otherwise affects any other provisions of this contract, whether changed or not changed by any such order, an equitable adjustment shall be made (i) in the contract price or time of performance, or both, and (ii) in such other provisions of the contract as may be so affected, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within sixty (60) days from the date of receipt by the Contractor of the notification of change; Provided, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled “Disputes.” However, nothing in this clause shall excuse the Contractor

from proceeding with the contract as changed. In the foregoing clause, the period of "sixty (60) days" within which any claim for adjustment must be asserted may be reduced to a period of not less than "thirty (30) days."

7.304–2 Alterations in Contract. The clause set forth in 7.105–1 may be inserted.

7.304–3 (Reserved]

7.304–4 Bill of Materials. In accordance with the instructions in 7.105-6, the clause set forth therein may be used.

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CLAUSES FOR FIXED-PRICE RESEARCH AND DEVELOPMENT CONTRACTS

7.304–5 Stop Work Orders. The clause set forth in 7.105–8 is authorized for use under the criteria, and in accordance with the instructions, set forth in 7.105-8.

7.304-6 (Reserved]
7.304–7 (Reserved]

7.304-8 Warranty. In accordance with 1.324, an appropriate warranty clause may be inserted.

7.304-50 Notice of Delay. In accordance with the instructions in 7.205-50, the clause set forth therein is authorized for use.

7.304–51 through 7.304–58 [Reserved]

7.304-59 Price Escalation. The clauses set forth in 7.106 and 7.107 are authorized for use in accordance with the instructions set forth therein.

7.304-60 Incentive Price Revision. The clause set forth in 7.108 is authorized for use in accordance with the instructions set forth therein.

7.304-61 Special Tooling. Where special tooling is to be acquired by the contractor, the clause set forth in 13.704 is authorized for use in accordance with instructions contained therein.

7.350 Short Form Clauses for Fixed-Price Research Contracts With Nonprofit Institutions. Notwithstanding the provisions of 7.302 and 7.303, the short form clauses set forth or referred to in this paragraph 7.350 shall be used in fixed-price contracts for basic or applied research with nonprofit institutions of higher education, or with nonprofit institutions whose primary purpose is the conduct of scientific research, when a short form contract is desired.

7.350-1 Definitions. Insert the clause set forth in 7.103–1.
7.350–2 Payment.
PAYMENT (MARCH 1969)

(a) Payment will be made to the Contractor as set forth in the Schedule upon submission of status reports indicating the portion of the work which has been performed and after acceptance by the Contracting Officer. The status reports shall also contain a concise statement of the work which has been performed.

(b) A prerequisite to final payment is the submission by the Contractor of a statement of the amount of funds expended in the performance of this contract and the furnishing to the Contracting Officer, and his acceptance, of the technical reports and patent reports required by this contract.

(c) Status reports, statements of funds expended, and technical reports required by this contract shall be submitted by the Contractor directly to the Contracting Officer for the purpose of determining the acceptability of such ports and statements. 7.350—3 Technical Reports and Data. Insert the clause set forth in 9.204–50.

7.350–4 Government-Furnished Property. Insert the clause set forth in 13.710.

7.350–5 Release of Information.
RELEASE OF INFORMATION (SEPTEMBER 1962)

It is the intent of NASA that the useful research information obtained under this contract be published either by NASA or in technical journals. Reports to be published by NASA should be prepared insofar as practicable in accordance with NASA editorial form. Three (3) copies of the manuscript containing research information

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CONTRACT CLAUSES

obtained under this contract shall be furnished to NASA prior to release of the information by formal oral presentation or for publication in a technical journal. Appropriate credits to NASA will be included in any formal oral presentation or published article. Twenty (20) reprints of articles published in journals shall be furnished to NASA.

7.350–6 Security.
SECURITY (SEPTEMBER 1962)

If the subject matter of this contract is classified in the interest of national security, or if it appears that performance on the contract will require access to classified information, the Contractor shall be governed by a Department of Defense Security Agreement (DD Form 441), and the attachment thereto, “The Industrial Security Manual for Safeguarding Classified Information.” Further, if information or material is developed pursuant to this contract which appears to require protection in the interest of national security, the Contractor shall notify NASA immediately in order that the appropriate classification category may be assigned, and a Security Agreement executed, if necessary.

7.350–7 Property Rights in Inventions. Insert the clause set forth in 9.101-5.

7.350–8 Disputes. Insert the clause set forth in 7.103-12.
7.350-9 Termination at the Option of the Government.
TERMINATION AT THE OPTION OF THE GOVERNMENT (SEPTEMBER 1962)

The performance of work under this contract may be terminated by the Government in whole or in part, whenever the Contracting Officer shall determine that such action is in the best interest of the Government. If this contract is so terminated, fair compensation for work performed will be provided for the Contractor.

7.350–10 Authorization and Consent. Insert the clause set forth in 9.103(b).

7.350–11 Notice and Assistance Regarding Patent and Copyright Infringement. Insert the clause set forth in 9.105.

7.350–12 Buy American Act. Insert the clause set forth in 6.104-5. 7.350–13 Examination of Records. Insert the clause set forth in 7.104-15.

7.350–14 Equal Opportunity. Insert one or the other of the following clauses, as required by and in accordance with the instructions in 12.802: (i) the Equal Opportunity in Federally Assisted Construction Contracts clause set forth in 12.802–2, or (ii) the Equal Opportunity clause set forth in 12.802-1.

7.350–15 Covenant Against Contingent Fees. Insert the clause set forth in 1.503.

7.350–16 Officials Not To Benefit. Insert the clause set forth in 7.103–19. 7.350-17 Convict Labor. Insert the clause set forth in 12.203.

7.350–18 Audit and Records. In accordance with the requirements of 7.104–42, insert the clause set forth therein.

7.350–19 Additional Clauses. When circumstances justify it, the clauses prescribed in 7.302, 7.303, and 7.304 may be added to or substituted for the clauses set forth in 7.350–1 through 7.350–17; however, care should be exercised to ensure that there are no inconsistencies.

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Subpart 4Clauses for Cost-Reimbursement Type Research and Develop

ment Contracts

7.400 Scope of Subpart. This Subpart sets forth uniform clauses for use in NASA cost-reimbursement type research and development contracts as defined in 7.401.

7.401 Applicability. As used throughout this Subpart, the term "costreimbursement type research and development contract” means any contract, including letter contracts (except notices of award, contracts placed under Small Purchases Procedures, and amendments or supplemental agreements which do not effect new procurement), which (i) is entered into on a cost, cost-sharing, or cost-plus-a-fixed-fee basis, and (ü) is for experimental, developmental, or research work.

7.402 Required Clauses for Contracts With Fee.

The following clauses shall be inserted in all cost-reimbursement type research and development contracts providing for a fee.

7.402–1 Definitions. Insert the clause set forth in 7.103-1. Additional definitions may be included provided they are not inconsistent with such clause or the provisions of this Regulation.

7.402–2 Limitation of Cost. Insert the following clause, except that in letter contracts insert clause 3 of NASA Form 551-3 set forth in 16.859-4(d).

LIMITATION OF COST (OCTOBER 1969)

(a) It is estimated that the total cost to the Government, exclusive of any fee, for the performance of this contract will not exceed the estimated cost set forth in the Schedule, and the Contractor agrees to use his best efforts to perform the work specified in the Schedule and all obligations under this contract within such estimated cost. If at any time the Contractor has reason to believe that the costs which he expects to incur in the performance of this contract in the next succeeding sixty (60) days, when added to all costs previously incurred, will exceed seventy-five percent (75%) of the estimated cost then set forth in the Schedule, or if at any time the Contractor has reason to believe that the total cost to the Government, exclusive of any fee, for the performance of this contract will be greater or substantially less than the then estimated cost thereof, the Contractor shall notify the Contracting Officer in writing to that effect, giving the revised estimate of such total cost for the performance of this contract.

(b) The Government shall not be obligated to reimburse the Contractor for costs incurred in excess of the estimated cost set forth in the Schedule, and the Contractor shall not be obligated to continue performance under the contract or to incur costs in excess of the estimated cost set forth in the Schedule, unless and until the Contracting Officer shall have notified the Contractor in writing that such estimated cost has been increased and shall have specified in such notice a revised estimated cost which shall thereupon constitute the estimated cost of performance of this contract. When and to the extent that the estimated cost set forth in the Schedule has been increased, any costs incurred by the Contractor in excess of such estimated cost prior to the increase in estimated cost shall be allowable to the same extent as if such costs had been incurred after such increase in estimated cost.

7.402–3 Allowable Cost, Fixed-Fee, and Payment. In accordance with the instructions set forth in 7.203-4, insert the clause set forth therein.

7.402–4 Standards of Work. Insert the clause set forth in 7.302–3.

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