CONTRACT CLAUSES 7.451-23 Rights in Data. If data is to be delivered under the contract, insert the appropriate clause in accordance with the instructions in 9.203. 7.451-24 Security Requirements. Insert the clause set forth below only in contracts without fee with educational institutions. In contracts with nonprofit institutions which are not educational institutions, insert the clause set forth in 7.204-12. SECURITY REQUIREMENTS (JULY 1977) (a) The provisions of this clause shall apply to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret." (b) The Contractor shall comply with (i) the Security Agreement (DD Form 441), including the attached Department of Defense Industrial Security Manual for Safeguarding Classified Information (DoD 5220.22-M); and (ii) any revisions thereto, notice of which has been furnished to the Contractor. (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 ct her 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, provisions which shall conform substantially to the language of this clause, including this paragraph (d) but excluding the last sentence of paragraph (c) of this clause. (e) In the event a change in security requirements, as I provided in paragraphs (b) and (c), results (1) in a change in the security classification of this contract or any I element thereof from an unclassified status to a classified status or from a lower classification to a higher I classification or (2) in more restrictive area controls than previously required, the Contractor shall exert every reasonable effort compatible with his established policies to continue the performance of work under the contract in compliance with such change in security classification or requirements. If, despite such reasonable efforts, the CFR TITLE 41 CHAPTER 18 CLAUSES FOR COST-TYPE R&D CONTRACTS Contractor determines that the continuation of work under this contract is not practicable because of such change in security classification or requirements he shall so notify the Contracting Officer in writing. (f) After receiving such written notification, the Contracting officer shall explore the circumstances surrounding the proposed change in security classification ar requirements and shall endeavor to work out a mutually satisfactory method whereby the Contractor can continue performance of the work under this contract. (g) If, upon the expiration of fifteen (15) days after receipt by the Contracting officer of the notification of the Contractor's stated inability to proceed, (1) the I application to this contract of such change in security classification or requirements has not been withdrawn, or (2) a mutually satisfactory method for continuing I performance of work under this contract has not been agreed upon, the Contractor may request the Contracting officer to terminate the contract in whole or in part. Thereupon, the Contracting officer shall terminate the contract in whole or in part, as may be appropriate, and such termination shall be deemed a termination under the provisions of the clause cf this contract entitled "Termination for the Convenience of the Government." 7.451-25 Government Property. In accordance with the requirements of 13.707, insert the appropriate forth therein. clause set 7.451-26 Insurance-Liabiltiy to Third Persons. In accordance with the requirements of 7.402-26, insert either the clause set forth in 7.203-22 or the appropriate clause indicated in 7.402-26. When the clause in 7.203-22 is used, the title "Allowable Cost, Fixed-Fee, and Payment" in paragraph (c) will be changed to read "Allowable Cost and Fayment." In 7.451-27 Utilization of Labor Surplus Area Concerns. accordance with the requirements of 1.805-3 (a), insert the clause set forth therein. 7.451-28 Payment for Overtime Premiums. In accordance with the requirements of 12. 102, insert the clause as set forth in 12.102-6. 7.451-29 Competition in Subcontracting. Insert the clause set forth in 7.104-40. NASA PROCUREMENT REGULATION CONTRACT CLAUSES 7.451-30 Audit by National Aeronautics and Space Administration. In accordance with 7.104-42(a), clause set forth therein. 7.451-50 Payment of Royalties. PAYMENT OF ROYALTIES (SEPTEMBER 1962) insert the Payments by the Contractor of any sum for royalties or patent rights not included in the ordinary purchase price of supplies, materials, or components, shall not constitute items of Allowable cost hereunder, unless and until approved by the Contracting officer, Reimbursement to the Contractor cn account of any such payments shall not be construed as an admission by the Government of the enforceability, validity cr scope of, or title to any of the patents involved, nor shall any such reimbursement constitute a waiver of any rights or defenses respecting such patents. 7.451-51 Estimated cost. Normally, the clause set forth below will be used as the Schedule provision covering the estimated cost. However, the clause may be modified at the discretion of the contracting officer. ESTIMATED COST (SEPTEMBER 1962) The estimated cost of this contract is $.... 7.451-52 Clean Air and Water. Insert the clause set forth in 1.2302-2. 7.451-53 [Reserved] 7.451-54 Reports of Work. See 7.302-54 for guidance and clause approved for use. 7.451-55 Scientific and Technical Insert the clause set forth in 7.302-55. Information Service. 7.452 Clauses Required To Be Used When Applicable. Except as otherwise provided in 7.460, the following clauses shall te inserted, when applicable, in all contracts specified in 7.450-1. 7.452-1 Clauses for Contracts Involving Construction Work. (Next page is 7-4:15) CFR TITLE 41 CHAPTER 18 CLAUSES FOR COST-TYPE R&D CONTRACTS (a) In accordance with the requirements of Part 12, Subpart 4, insert in cost-reimbursement type research and development contracts with educational or nonprofit institutions, where construction work is involved, the clauses listed below, which are set forth in 12.403-1: Davis-Bacon Act Contract Work Hours and Safety Standards Act-Overtime Compensation Apprentices and Trainees Payrolls and Basic Records Compliance with Copeland Regulations Subcontracts Contract Termination-Debarment (b) In accordance with the requirements of 6.207, insert in all contracts for ccnstruction, except those executed on Standard Form 19 and NASA Form 1379, the clause entitled "Buy American," as set forth in 6. 207 (c). 7.452-2 Filing of Patent Applications. In accordance with the requirements of 9.106, insert the clause set forth therein. 7.452-3 Special Test Equipment. In accordance with 13.705, insert the clause set forth therein. 7.452-4 through 7.452-6 [Reserved] 7.452-7 Priorities, Allocations, and Allotments. In accordance with the requirements of 1.307-2, insert the clause set forth therein. 7.452-8 Communist Areas. In accordance with the requirements of 6.403, insert the clause set forth therein. 7.452-9 Negotiated Overhead Rates. Where negotiated overhead rates are to be used Fursuant to Part 3, Subpart 7, the appropriate clause set forth in 3.704 shall be included in the contract. 7.452-10 Notice to the Government of Labor Disputes. Whenever work is to be performed and a work stoppage would result in delay in an urgent NASA program, insert the clause set forth in 7.104-4. 7.452-11 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. 7.452-12 Limitation on Withholding of Payments. In accordance with the requirements of 7.104-21, insert the clause set forth therein. 7.452-13 Small Business Subcontracting Program. In accordance with the requirements of 1.707, insert the clause set forth in 1.707-3 (b). NASA PROCUREMENT REGULATION 190 CONTRACT CLAUSES 7.452-14 Changes to Make-or-Buy Program. In accordance with the requirements of 3.901-4(b), insert the clause set forth therein. 7.452-15 Frequency Authorization. In accordance with 7.104-26, insert the clause set forth the rein. 7.452-16 Required Source for Jewel Bearings and Related Items. In accordance with the requirements of 1.315, insert the clause set forth therein. 7.452-17 through 7.452-22 [Reserved] 7.452-23 General Services Administration Supply Sources. In accordance with the requirements of 5.907, the clause set forth therein shall be included in the contract. 7.452-24 Labor Surplus Area Subcontracting Program. In accordance with the requirements of 1.805-3(b), insert the clause set forth therein. 7.452-50 Optional Data Requirements. In accordance with the requirements of 9.203-2, insert the clause set forth therein. 7.452-51 Approval of Contract. The clause set forth in 7. 104-51 shall be included when approval of the contract by the Assistant Administrator for Procurement is required. 7.452-52 Preference for United States-Flag Vessels. Under the circumstances described in Part 1, Subpart 14, insert the clause set forth in 1.1402-3. 7.452-53 Limitation of Government's obligations. where funding to complete the entire contract is not available at the time it is entered into, the clause set forth in 7.204-53 shall be included in the contract, with an implementing Schedule provision. The specific approval of the Assistant Administrator for Procurement is not required for the use of the clause when the provisions of 7.452-53 are otherwise applicable. 7.452-54 Financial Reporting of GovernmentOwned/Contractor-Held Property. In accordance with the instructions in 7.104-54, insert the clause set forth therein. in 7.452-55 Cost Accounting Standards. In accordance with 3.1204, insert the clause set forth in 7.104-55. 7.452-56 NASA Financial Management Reporting. Insert the appropriate clause set forth in 7.104-53 accordance with the instructions set forth therein. 7.452-57 Key Personnel and Facilities. In accordance with the requirements of 1.352, insert the clause set forth therein. CFR TITLE 41 CHAPTER 18 |