CONTRACT CLAUSES 7.204-9 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. 7.204-10 (Reserved) 7.204-11 (Reserved) and 7.204-12 Security Requirements. In accordance with 7.10412, insert the clause therein, deleting paragraphs (c) (d) and substituting the following: (c) If, subsequent to the date of this contract, the security classifications or security requirements under this contract are changed by the Government as provided in this clause, and if such changes cause an increase or decrease in the estimated cost or time required for performance of this contract, the estimated cost, fee, delivery schedule, or any cther provision of the contract that may be affected, shall be subject to an equitable adjustment. Any such equitable adjustment shall be accomplished in the manner set forth in the "Changes" clause of this contract. (d) The Contractor agrees to insert, in all subcontracts hereunder which involve access to classified information, Frovisions which shall conform substantially to the language cf this clause, including this paragraph (d) but excluding the last sentence of paragraph (c) of this clause. (May 1977) 7.204-13 (Reserved) 7.204-14 (Reserved) 7.204-15 Priorities, Allocations, and Allotments. In accordance with the requirements of 1.307-2, insert the clause set forth therein. 7.204-16 Negotiated Overhead Rates. Where negotiated cverhead rates are to be used pursuant to Part 3, Subpart 7, the appropriate clause set forth in 3.704 shall be included in the contract. 7.204-17 (Reserved) 7.204-18 Limitation on Withholding of Payments. accordance with the requirements in 7.104-21, insert clause set forth therein. In the 7.204-19 Small Business Subcontracting Program. In accordance with the requirements of 1.707, insert the clause set forth in 1.707-3(b). CFR TITLE 41 CHAPTER 18 CLAUSES FOR COST-TYPE SUPPLY CONTRACTS to Make-or-Buy Program In 7.204-20______Changes accordance with the requirements of 3.901-4, insert the clause set forth the rein. the or the the 7.204-21 Flight Risks. In contracts for development, production, modification, maintenance, cverhaul of aircraft, or otherwise involving furnishing of aircraft to the contractor by Government, insert the clause set forth in 10.504. 7,204-22 Required Source for Jewel Bearings. In accordance with the requirements of 1.315 (e), insert the clause set forth therein. 7.204-23 through 7.204-25 [Reserved] 7,204-26 Preference for United States-Flag Vessels. In accordance with the requirements of Part 1, Subpart 14, insert the clause set forth in 1. 1402-3. 7.204-27 Frequency Authorization. In accordance with 7.104-26, insert the clause set forth therein. 7.204-28 General Services Administration Supply Sources The clause set forth in 5.907 shall be included in contracts in accordance with the instructions set forth therein. 1.204-29 Labor Surplus Area Subcontracting Program, In accordance with the requirements of 1.805-3 (b), insert the clause set forth therein. 7.204-30_Contractor and Subcontractor Certified Cost cr Pricing Data. In accordance with the requirements of 3.807-3, insert the clause set forth in 3.807-4. 7.204-31 Scientific and Technical Information Service, Insert in all cost-reimbursement type supply contracts where research and development work is involved the clause set forth in 7.302-55. 7.204-32 Reserved ]. 7.204-33 Limitation of Liability. (a) In accordance with 1.330, in the procurement of major items, insert the following clause. LIMITATION OF LIABILITY-MAJOR ITEMS (JUNE 1978) (a) Except as provided below and notwithstanding any cther provision of this contract, the Contractor shall not be liable for loss of or damage to property of the Government (including the supplies delivered under this contract) occurring after acceptance of the supplies delivered under this contract and resulting from any defects or deficiencies in such supplies. (b) The foregoing limitations shall not apply when the defects or deficiencies in such supplies or the Government acceptance of such supplies resulted from willful misconduct or lack of good faith on the part of NASA PROCUREMENT REGULATION CONTRACT CLAUSES any Contractor's directors or officers, or on the part of any of his managers, superintendents, or other equivalent representatives, who have supervision or ċirection of: (i) all or substantially all of the Contractor's business; or (ii) all or substantially all of the Contractor's operations at any one plant or separate location, in which this contract is being performed; or (iii) a separate and complete major industrial operation in connection with performance of this contract. (c) Notwithstanding paragraph (a) above, if the Contractor carries insurance or has established a reserve for self-insurance covering liability for damages or losses suffered by the Government through purchase or use of the contract supplies required to be delivered to the Government under this contract, the Contractor shall be liable to the Government for damages or losses to property of the Government occurring after acceptance of the supplies to the Government under this contract and resulting from any defects or deficiencies in such supplies to the extent of such insurance or reserve for self-insurance. (d) This clause does not diminish the Contractor's cbligation, to the extent otherwise arising under this contract, relating to correction, repair, replacement or other relief for any defect or deficiency and supplies delivered under this contract. (e) The provisions of this clause shall not limit or otherwise affect the Government's rights pursuant to the following listed clauses, if included in this contract: GROUND AND FLIGHT RISKS, (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 7.10445(a), suitably altered to reflect the relationship the contracting parties. (g) In subcontracts for both major items for which this clause is appropriate, and other end items for 30-156 0-79--11 CFR TITLE 41 CHAPTER 18 CLAUSES FOR COST-TYPE SUPPLY CONTRACTS which the clause 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: (b) In contracts for the purchase of both major items (see 1.330) for which the clause in (a) above is appropriate, and other contract end items for which the clause in 7.104-45 (a) is appropriate, both clauses shall be included, with the following preamble to the LIMITATION OF LIABILITY MAJOR ITEMS clause. LIMITATION OF LIABILITY-MAJOR ITEMS (JUNE 1978) 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. 7.204-50 Optional Data Requirements. In accordance with the requirements of 9.203-2, insert the clause set forth therein. 7.204-51 Approval of Contract, Insert the clause set forth in 7.104-51 when approval of the contract by the Assistant Administrator for Procurement is required. 7.204-52 7.204-53 (Reserved). Limitation of Government's obligation. The clause set forth below is authorized for use when all the following conditions are present: (i) the total value of the contract is $1,000,000 or Kore; (ii) the period of performance under the contract is in excess of twelve months or the period of performance overlaps the succeeding fiscal year; and (iii) funds are not available to fully fund the total contract value at the time of entering into the ccntract. LIMITATION OF GOVERNMENT'S OBLIGATION (a) It is estimated that the total cost to the Government, inclusive of any fixed fee for the performance of this contract will not exceed the estimated cost and fixed fee 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 NASA PROCUREMENT REGULATION |