CLAUSES FOR FACILITIES CONTRACTS

(ii) require the Contractor to comply, at Government expense, with such written directions as the Contracting cfficer may give with respect to

(A) the preparation, protection, removal, or shipment of the affected Facilities;

(B) the retention or storage of the affected Facilities, provided, that the Contracting Officer will not direct the Contractor to retain or store any items of Facilities in or cn real property not owned by the Government if such Letention or storage will interfere with the Contractor's operations;

(C) the restoration of Government-owned land or buildings incident to the removal therefrom of Government-owned Facilities; and

(D) the sale of any affected Facilities in such manner, at such times, and at such price or prices, as may be approved ty the Contracting Officer, except that the Contractor shall not be required to extend credit to any purchaser.

(d) If the Contracting Officer fails to give the written 、 notice required by paragraph (c) above within the prescribed cne hundred and eighty (180) day period, or within thirty (30) days after notice as hereinafter provided, the Contractor may, upon not less than thirty (30) days written notice to the Government and at Government risk and expense, (i) retain the Facilities in place or (ii) remove any of the affected severable Facilities located in Contractor-owned buildings or property and store them elsewhere, at the Contractor's plant or in a public insured warehouse, in accordance with sound practice and in a manner compatible with their security classification, if any. Except as provided in this paragraph, the Government shall not be liable to the Contractor for failure to give the written notice required by paragraph (c) above.

be

(e) Non severable items of the Facilities or items of the Facilities subject to patent or proprietary rights shall ċisposed of in such manner as the parties may have agreed to in writing.

(f) The Government, either directly or by third persons engaged by it, may renove or ctherwise dispose of any Facilities with respect to which the Contractor's authority to use has been terminated, other than those for which specific provision is made in paragraph (e) above.

(9) The Contractor shall, within a reasonable time after the expiration of the one hundred and eighty (180) day period specified in paragraph (c) above, remove all property

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cwned by him from land or buildings owned or acquired by the Government and take such action as the Contracting Officer may direct in writing with respect to restoring such land or buildings, insofar as they are affected by the installation therein of the Contractor's property, to their condition Frior to such installation.

(h) Unless otherwise specifically provided in this contract, the Government shall not be obligated to the Contractor to restore or rehabilitate any property at Contractor's plant, except where such restoration or rehabilitation is caused by the removal of the Facilities. The Contractor agrees to indemnify the Government against all suits or claims for damages arising out of the Government's failure to restore or rehabilitate any property at the Contractor's plant or property of its subcontractors, except any such damage as may be occasioned by the negligence of the Government, its agents, or independent

contractors.

7.702-27 Failure to Perform.

FAILURE TO PERFORM (MARCH 1963)

(a) Subject to the provisions of the clause hereof entitled "Excusable Delays," if the Contractor shall fail to perform this contract in accordance with its terms, the Contracting Officer shall give the Contractor written notice thereof. Thereafter, notwithstanding any other provision of this contract, the Contractor shall not be entitled to an equitable adjustment under either this contract or any related procurement contract, to the extent that such equitable adjustment arises cut of the Contractor's failure to perform or such reasonable remedial action as may be taken by the Contracting officer predicated upon such

failure.

(b) The failure of the Government to insist, in any one or Hore instances, upon the performance of any term or terms of this contract shall not be construed as a waiver or relinquishment of the Government's right to the future [erformance of such term or terms, and the Contractor's obligation in respect of such future performance shall continue in full force and effect.

(c) The rights and remedies of the Government provided in this clause are in addition to any other rights and rewendies provided by law or under this contract.

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7.702-28 Disputes. Insert the clause set forth in 7.103

12.

7.702-29 Security Requirements. In accordance with 7.10 412, insert the clause therein, deleting paragraphs (c) and (d), and substituting the following paragraphs (c) and (d).

(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 change causes an increase or decrease in the estimated cost of performance of this contract, the estimated cost, to the extent appropriate, shall be subject to an equitable adjustment. Any such equitable adjustment shall be accomplished in the manner set forth in the "Changes" clause in 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 cf this clause, including this paragraph (d) but excluding (c) of this clause. The Contractor may insert in any such subcontract, and any such subcontract entered into may contain, in lieu of paragraph (c) of this clause, provisions which permit equitable adjustments to be made in the subcontract price or in the estimated cost and fixed fee of the subcontract (as appropriate to the type of subcontract involved) on account of changes in security classifications cr requirements made under the provisions of this clause subsequent to the date of the subcontract involved. (JULY

1977)

7.702-30 Authorization and Consent. Insert the clause set forth in 9.102 (a) or 9.102 (b), as appropriate.

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7.702-31 Notice and Assistance Regarding Patent and Copyright Infringement. Insert the clause set forth in 9.103(a) or 9.103(b), as appropriate.

7.702-32 Clean Air and Water. Insert the clause set forth in 1.2302-2. 7.702-33 Subcontracts. Insert the clause set forth in 7.203-8, except that paragraph (a) of the clause shall be appropriately modified to delete references to facilities and special test equipment. |

7.702-34 Utilization of Small Business Concerns. Insert the clause set forth in 1.707-3(a).

7.702-35 Utilization of Labor Surplus Area Concerns. Insert the clause set forth in 1.805-3(a).

7.702-36 Buy American Act. Insert the clause set forth in 6.104-5. 7.702-37 Assignment of Claims. Insert the clause set forth in 7.103-8. 7.702-38 Renegotiation. Insert the clause set forth in 7.103-13.

7.702-39 Officials Not To Benefit. Insert the clause set forth in 7.103-19. 7.702-40 [Reserved]

7.702-41 Covenant Against Contingent Fees. Insert the clause set forth in 1.503.

7.702-42 Payment for Overtime Premiums. In accordance with the requirements of 12.102, insert the clause in 12.102-6.

7.702-43 Convict Labor. In accordance with Part 12, Subpart 2, insert the clause set forth in 7.104-17.

7.702-44 Equal Opportunity. In accordance with the provisions of 12.804, insert the appropriate clause set forth therein.

7.702-45 Walsh-Healey Public Contracts Act. Insert the clause set forth in 12.605.

7.702-46 Contract Work Hours Standards Act-Overtime Compensation. Insert the appropriate clause set forth in 12.303.

7.702-47 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.

7.702-48 Audit by National Aeronautics and Space Administration. In accordance with 7.104-42(a), insert the clause set forth therein as amended by 7.104-42(b).

7.702-49 Financial Reporting of Government-Owned/Contractor-Held Property. Insert the clause set forth in 7.104-54.

7.702-50 Competition in Subcontracting. Insert the clause set forth in 7.104-40.

7.702-51 Interest. Insert the clause set forth in 7.103-53, except in contracts with nonprofit organizations.

7.702-52 Notice to the Government of Labor Disputes. Insert the clause set forth in 7.104-4.

7.702-53 General Services Administration Supply Sources. The clause set forth in 5.907 will be included in contracts in accordance with the instructions set forth therein.

7.702-54 Limitation on Withholding of Payments.

LIMITATION ON WITHHOLDING OF PAYMENTS (MARCH 1963)

If more than one clause or schedule provision of this contract authorizes the temporary withholding of amounts otherwise payable to the Contractor for work performed under this contract, the total of the amounts so withheld at any one time shall not exceed the greatest

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7.702-54

CONTRACT CLAUSES

amount which may be withheld under any one such clause or schedule provision at that time; provided, that this limitation shall not apply to:

(i) withholdings pursuant to any clause relating to wages or hours of employees; (ii) withholdings not specifically provided for by this contract; and

(iii) the recovery of overpayments.

7.702-55 Payment of Royalties. In accordance with the instructions of 9.108, insert the appropriate clause set forth therein. 7.702-56 Property Listings.

PROPERTY LISTINGS (JULY 1968)

(a) Within thirty (30) days of receipt of written request from the Contracting Officer, the contractor shall furnish an up-to-date summary statement of all facilities for which he is accountable under this contract. The summary statement used in support of the clause entitled "Use and Charges" of this contract; shall contain the following information:

(i) Land, land preparations, and land installations other than those items specified in (ii) below-total acquisition cost.

(ii) Buildings and building installations other than those specified in (iii) below- total acquisition cost.

(iii) Machinery, production equipment, machine tools, FSC Code Number 3411 through 3419, and secondary metal-forming machinery, FSC Numbers 3441 through 3449-number of items and total acquisition cost of items in each of the following age categories: 0-2 years; 26 years; 6-10 years; and over 10 years of age;

(iv) Electronic test equipment and automotive equipment-total acquisition cost;

(v) Personal property and equipment not covered in (i), (ii), (iii), and (iv) above-total acquisition cost.

Total acquisition cost as referred to above shall be as defined in the "Use and Charges" clause of this contract.

(b) All listings required pursuant to paragraph (a) shall be signed by the Contractor and be submitted to the cognizant Government Property Administrator for verification and forwarding to the Contracting Officer.

(c) In addition to the summary listing required by paragraph (a), the Contractor agrees to furnish a current itemized listing of all Government-owned property accountable under this contract within thirty (30) days of receipt of a written request from the Contracting Officer therefor.

7.702-57 Small Business Subcontracting Program.

SMALL BUSINESS SUBCONTRACTING PROGRAM (OCTOBER 1967)

(a) The Contractor agrees to establish and conduct a program to afford small business concerns an equitable opportunity to compete for NASA subcontracts within their capabilities. In this connection, the Contractor shall

(i) designate a small business liaison officer, who will (A) maintain liaison with duly authorized representatives of the Government on small business matters, (B) supervise compliance with the clause of this contract entitled "Utilization of Small Business Concerns," and (C) administer the Contractor's Small Business Program;

(ii) provide adequate and timely consideration of the potentialities of small business concerns in all "make-or-buy" decisions;

(iii) ensure that small business concerns will have an equitable opportunity to compete for subcontracts, particularly by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate small business participation:

(iv) maintain records showing (A) whether each prospective subcontractor is a small business concern, and (B) procedures which have been adopted to comply with the policies set forth in this clause;

7.702-55

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