CLAUSES FOR COST-TYPE SUPPLY CONTRACTS (b) The sum presently available for payment and allotted to this contract, the items covered thereby, and the period of performance which it is estimated the allotted amount will cover, are specified in the Schedule. It is anticipated that from time to time additional funds will be allotted to this contract up to the full estimated cost, including any fixed fee. When additional funds are allotted from time to time for continued performance of the work, the parties shall agree as to the applicable estimated period of contract performance which shall be covered by such funds and the contract Schedule amended accordingly. The Contractor agrees to perform or have performed work cn this contract up to the point at which in the event of termination of this contract for the convenience of the Government pursuant to the clause of this contract entitled "Termination," the total amount paid and payable by the Government pursuant to any settlement including cost and fixed fee under paragraph (e) of such clause would, in the exercise of reasonable judgment by the Contractor, approximate the total amount at the time allotted to this contract. The Contractor shall not be obligated to continue performance of the work beyond such point. (c) The Government shall not be obligated to reimburse the Contractor for costs incurred (including amounts payable in respect to subcontracts and termination settlement costs) and to pay any fixed fee to which the Contractor may be entitled in excess of the total amount from time to time allotted to this contract. However, when and to the extent that the total amount allotted to this contract has been increased, any costs incurred by the Contractor and any fixed fee to which the Contractor may be entitled, prior to the increase and in excess of the amount previously allotted, shall be allowable to the same extent as if such costs had been incurred and fee earned after such increase in amount allotted. (d) In the event funds allotted are considered by the Contractor to be inadequate to cover the work to be performed for the period set forth in the Schedule, the Contractor shall notify the Contracting Officer in writing when within the next thirty (30) days the work will reach a point at which, in the event of termination of this contract for the convenience of the Government pursuant to the clause of this entitled "Termination," the total amount paid and payable by the Government pursuant to a contract settlement NASA PROCUREMENT REGULATION CONTRACT CLAUSES and including cost fixed fee under paragraph (e) of such clause will approximate eighty-five percent (85%) of the total amount then allotted to the contract. The notice shall state the estimated date when such point will be reached and the estimated amount of additional funds required to continue performance for the period set forth in the Schedule. The Contractor shall, thirty (30) days prior to the end of the period specified in the Schedule, advise the Contracting Officer in writing as to the estimated amount of additional funds which will be required on the basis of the obligation for performance in accordance with Faragraph (b) of this clause for the timely performance cf the work under the contract for such further period as may be specified in the Schedule or otherwise agreed to by the parties. If, after such notification, additional funds are not allotted by the end of the period set forth in the Schedule, or an agreed date in substitution therefor, the Contracting Officer will, upcn written request of the Contractor, terminate this contract on such date, or on a date to be specified in such request, on which the Contractor, in the exercise cf his reasonable judgment, estimates that he will have discharged his obligation to perform hereunder in accordance with paragraph (b) of this clause, whichever is later, pursuant to the provisions of the clause of this contract entitled "Termination." (e) When additional funds are allotted from time to time for continued performance of the work under this contract, the parties shall agree as to the applicable period of contract performance which shall be covered by such funds, and the provisions of paragraphs (b), (c), and (d) of this clause shall apply in like manner to such additional allotted funds and substituted date pertaining thereto, and the contract shall be amended accordingly. (f) The Government may at any time prior to termination allot additional funds for this contract, and, with the consent of the Contractor, after notice of termination, may rescind such termination in whole or in part, and allot additional funds for this contract. (9) In the event that sufficient amounts are not allotted to this contract to allow completion of the work contemplated by this contract, the Contractor shall be entitled, subject to the limitations of Faragraph (c) of this clause, to a percentage of the fixed fee set forth in the Schedule equivalent to the CFR TITLE 41 CHAPTER 18 CLAUSES FOR COST-TYPE SUPPLY CONTRACTS percentage of this contract. completion of the work contemplated by (h) Nothing in this clause shall affect the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination." (i) For the purpose of this clause, the allotment or allotments specified in the Schedule shall not be decreased without the consent of the Contractor. (j) This clause shall be applicable and the clause of this contract entitled "Limitation of Cost" inapplicable until such time as an amount equal to the total estimated cost and fee set forth in the Schedule is allotted to this contract, and thereafter the clause of this contract entitled "Limitation of Cost" shall be applicable and this clause inapplicable. 7.204-54 Financial Reporting of GovernmentCwned/Contractor-Held Property. In accordance with the instructions in 7.104-54, insert the clause set forth therein. 7.204-55 Special Test Equipment. In accordance with the requirements of 13.705, insert the clause set forth therein. 7.204-56 NASA Financial Management Reporting. Insert the appropriate clause set forth in 7.104-53 in accordance with the instructions set forth therein. 7.204-57 Cost Accounting Standards. In accordance with 3.1204, insert the clause set forth in 7.104-55. 7.204-58 Safety and Health. In accordance with the requirements of Part 1, Subpart 52, insert the clause set forth in 1.5204. 7.204-59 Non-Use of Foreign-Flag Vessels Engaged in Cukan or North Vietnam Trade. In accordance with the requirements of 1.1410, insert the clause set forth therein. 7.204-60 Report on NASA Subcontracts. In accordance with the requirements of 16.902, insert the clause set forth therein. 7.204-61 Rights in Data for Potentially Hazardous Items. In accordance with the requirements of 9.2036., insert the clause specified therein. 7.204-62 Potentially Hazardous Items. In accordance with the requirements of 1.351, insert the clause set forth therein. 7.204-63 Order of Precedence. In accordance with 7.104-56, insert the clause set forth therein. 7.204-64 Preference for United States Flag Air Carriers. In accordance with 1.336-1(b), insert the NASA PROCUREMENT REGULATION CONTRACT CLAUSES clause in 7.104-95. 7.204-65 through 7.204-85 Reserved. 7.204-86 Notification of Changes. In accordance with 26.802, insert the clause set forth in 7.104-86. 7.205 Additional Clauses. The following clauses shall te inserted if it is desired to cover the subject matter there of. 7.205-1 Alterations in Contract. The clause set forth in 7.105-1 may be inserted. 7.205-2 [Reserved] 7.205-3 [Reserved] 7.205-4 Bill of Materials. Under the circumstances stated in 7.105-6, the clause set forth therein may be inserted. 7.205-5 [Reserved] 7.205-6 Stop Work Orders. The clause set forth in 7.105-8 is authorized for use under the criteria and in accordance with the instructions in 7.105-8, if modified by changing (i) the words "the "Termination for Convenience' clause of this contract" to "the "Termination' clause of this contract," and (ii) the words "an equitable adjustment shall be made in the delivery schedule or contract price, or both" to "an equitable adjustment shall be made in the delivery schedule, the estimated cost, the fee, or a combination thereof, and in any other provisions of the contract that may be affected." 7.205-50 Notice of Delay. The clause set forth below is authorized for use in situations where it is desirable to provide for notice by the contractor of anticipated delays in performance. Next page is 7-2:177 CFR TITLE 41 CHAPTER 18 CLAUSES FOR COST-TYPE SUPPLY CONTRACTS NOTICE OF DELAY (SEPTEMBER 1962) If the Contractor becomes unable to complete the contract work at the time specified because of technical difficulties, notwithstanding the exercise of good faith and diligent efforts in the performance of the work called for hereunder, the Contractor shall give the Contracting Officer written notice of the anticipated delay and the reasons therefor. Such notice and reasons shall be delivered promptly after the condition creating the anticipated delay becomes known to the Contractor but in no event less than forty-five (45) days before the completion date specified in this contract, unless otherwise directed by the Contracting Officer. When notice is so required, the Contracting Officer may, in his discretion, extend the time specified in the Schedule for such period as he deems advisable. 7.205-51 [Reserved] 7.205-52 Date of Incurrence of Costs. The clause set forth below is authorized for use when specific coverage of precontract costs is authorized in accordance with 15.205-30. DATE OF INCURRENCE OF COSTS (OCTOBER 1963) The Contractor shall be entitled to reimbursement for costs incurred in an amount not to exceed $..... on or after..... which, if incurred after this contract had been entered into, would have been reimbursable under the provisions of this contract. 7.205-53 Contractor's Independent Research Program. When the New Technology clause is included in the contract (see 9.107-4) and it is determined that the contractor maintains an independent research program, the clause set forth in 9.107-8 may be included in the Schedule at the contractor's request. 7.205-54 Reports of Work. A Reports of Work clause is not prescribed for cost-reimbursement type supply contracts. When it is desired to include such a clause, however, the clause set forth in 7.302-54 may be used or it may serve as a model in drafting the desired clause. NASA PROCUREMENT REGULATION 7.205-54 |