CLAUSES FOR FACILITIES CONTRACTS (v) include the "Utilization of Small Business Concerns" clause in subcontracts which offer substantial small business subcontracting opportunities; and (vi) submit NASA Form 524 reports in accordance with the instructions contained therein. (b) A "small business concern" is a concern that meets the pertinent criteria established by the Small Business Administration and set forth in paragraph 1.701 of the NASA Procurement Regulation. (c) The Contractor further agrees to insert in any subcontract hereunder which is in excess of $500,000 and which contains the clause entitled "Utilization of Small Business Concerns" provisions which shall conform substantially to the language of this clause, including this paragraph (c). 7.702-58 Supersedure. SUPERSEDURE (JULY 1964) (a) Facilities heretofore provided to the Contractor and identified in the Schedule shall become subject to the terms of this contract upon its effective date. The terms of any other contract by which such Facilities may have been provided to the Contractor by NASA are hereby superseded with respect to such Facilities, except for rights and obligations which may have accrued under such other contract prior to the effective date hereof. (b) Each item of Facilities hereafter provided to the Contractor, under any contract which so specifies, shall become subject to the terms of this contract upon the completion of its construction, acquisition and installation or upon its availability of use, whichever first occurs, except as otherwise provided in the contract or other document by which such Facilities are provided to the contractor. 7.702-59 Report on NASA Subcontracts. In accordance with the requirement of 16.902, insert the appropriate clause set forth therein. 7.703 Required Clauses for Facilities Acquisition Contracts. The following contract clauses shall be inserted in all facilities acquisition contracts. 7.703-1 Definitions. Insert the contract clause set forth in 7.702-1. 7.703-2 Facilities To Be Provided. Insert the clause set forth in 7.702-2. 7.703-3 Late Delivery, Diversion, and Substitution. Insert the clause set forth in 7.702-3. 7.703-4 Changes. Insert the clause set forth in 7.702-4. 7.703-5 Representations and Warranties. Insert the clause set forth in 7.702-5. 7.703-6 Inspection. Insert the clause set forth in 7.702-6. 7.703-7 Excusable Delays. Insert the clause set forth in 8.708. 7.703-8 Government Bills of Lading. Insert the clause set forth in 7.702-9. 7.703-9 Allowable Cost and Payment. (a) In accordance with the instructions in 7.702-10, insert the contract clause set forth therein. (b) If desired, the following additional provision may be added after the first sentence of paragraph (d) of this clause. After payment of an amount equal to eighty percent (80%) of the total estimated cost of performance of this contract set forth in the Schedule, further payment on account of allowable cost shall be withheld until a reserve of either one percent (1%) of such total estimated cost, or one hundred thousand dollars ($100,000) whichever is less, shall have been set aside. NASA PROCUREMENT REGULATION 7.703-9 CONTRACT CLAUSES (c) If desired, the following additional paragraph may be added to this clause as paragraph (f), in which case paragraph (f) of the clause set forth in 7.702-10 shall be redesignated paragraph (g). (f) On receipt and approval of the invoice or voucher designated by the Contractor as the "completion invoice" or "completion voucher" and upon compliance by the Contractor with all relevant provisions of this contract (including, without limitation, the provisions relating to patents and the provisions of (g) below) the Government shall promptly pay to the Contractor any balance of allowable cost. The completion invoice or voucher shall be submitted by the Contractor promptly following completion of (i) all work under this contract, or (ii) such work involving acquisition, construction, or installation of the facilities as may then be specified in the Schedule, but in no event later than one (1) year (or such longer period as the Contracting Officer may in his discretion approve in writing) from the date of such completion. 7.703-10 Limitation of Cost. Insert the clause set forth in 7.702-11. 7.703-11 Examination of Records. In accordance with 7.104-15, insert the clause set forth therein. 7.703-12 Title. Insert the clause set forth in 7.702-15, except that the third sentence of paragraph (a) shall be deleted. 7.703-13 Access. Insert the clause set forth in 7.702-16. 7.703-14 Liability for the Facilities. Insert the clause set forth in 7.70218, except that the phrase "in accordance with the clause of the contract entitled 'Maintenance'," in paragraph (a)(ii) shall be deleted, and the phrase "in accordance with sound industrial practice" inserted in lieu thereof. 7.703-15 Insurance-Liability to Third Persons. Insert the clause set forth in 7.702-19. 7.703-16 Indemnification of the Government. Insert the clause set forth in 7.702-20. 7.703-17 Stop Work Orders. Insert the clause set forth in 7.702-21. 7.703-18 Termination of Work. Insert the clause set forth in 7.702-22. 7.703-19 Failure to Perform. Insert the clause set forth in 7.702.27. 7.703-20 Disputes. Insert the clause set forth in 7.103-12. 7.703-21 Security Requirements. Insert the clause set forth in 7.702-29. 7.703-22 Authorization and Consent. Insert the clause set forth in 9.103(a) or 9.103(b), as appropriate. 7.703-23 Notice and Assistance Regarding Patent and Copyright Infringement. Insert the clause set forth in 9.105. 7.703-24 Clean Air and Water. Insert the clause set forth in 1.2302-2. 7.703-25 Subcontracts. Insert the clause set forth in 7.203-8, except that paragraph (a) of the clause shall be appropriately modified to delete I references to facilities and special test equipment. 7.703-26 Utilization of Small Business Concerns. Insert the clause set forth in 1.707-3(a). 7.703-27 Utilization of Labor Surplus Area Concerns. Insert the clause set forth in 1.805-3(a). 7.703-28 Buy American Act. Insert the clause set forth in 6.104.5. 7.703-29 Assignment of Claims. Insert the clause set forth in 7.103-8. 7.703-30 Renegotiation. Insert the clause set forth in 7.103-13. 7.703-31 Officials Not To Benefit. Insert the clause set forth in 7.103-19. 7.703-32 [Reserved] 7.703-10 CFR TITLE 41 CHAPTER 18 CLAUSES FOR FACILITIES CONTRACTS 7.703-33 Covenant Against Contingent Fees. Insert the clause set forth in 1.503. 7.703-34 Payment for Overtime Premiums. In accordance with the requirements of 12.102, insert the clause set forth in 12.102-6. 7.703-35 Convict Labor. In accordance with Part 12, Subpart 2, insert the clause set forth in 7.104-17. 7.703-36 Equal Opportunity. In accordance with the provisions of 12.804, insert the appropriate clause set forth therein. 7.703-37 Walsh-Healey Public Contracts Act: Insert the clause set forth in 12.605. 7.703-38 Contract Work Hours Standards Act-Overtime Compensation. Insert the appropriate clause set forth in 12.303-1. 7.703-39 Supersedure. SUPERSEDURE (OCTOBER 1967) When the acquisition, construction, or installation of the Facilities called for by this contract, or any usable increment thereof, is completed and accepted by the Government, such Facilities shall thereafter be subject to the provisions of related facilities contract by which the use of such items by the Contractor is authorized. 7.703-40 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. 7.703-41 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): 7.703-42 [Reserved] 7.703-43 Competition in Subcontracting. Insert the clause set forth in 7.104-40. 7.703-44 Interest. Insert the clause set forth in 7.103-53, except in contracts with nonprofit organizations. 7.703-45 Notice to the Government of Labor Disputes. Insert the clause set forth in 7.104-4. 7.703-46 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. 7.703-47 Limitation on Withholding of Payments. Insert the clause set forth in 7.702-54. 7.703-48 Payment of Royalties. In accordance with the instructions of 9.110, insert the appropriate clause set forth therein. 1 7.703-49 Small Business Subcontracting Program. Insert the clause set forth in 7.702-57. 7.703-50 Report on NASA Subcontracts. In accordance with the requirements of 16.902, insert the clause set forth therein. 7.704 Required Clauses for Facilities Use Contracts. The following clauses shall be inserted in all facilities use contracts except that the clauses in 7.706 may be used in facilities use contracts with nonprofit educational institutions. 7.704-1 Definitions. Insert the clause set forth in 7.702-1. 7.704-2 Use and Charges. Insert the clause set forth in 7.702-12. 7.704-3 Allowable Cost and Payment. NASA PROCUREMENT REGULATION 7.704-3 7-7:24 CONTRACT CLAUSES ALLOWABLE COST AND PAYMENT (OCTOBER 1967) (a) For the performance of any work, duty, or obligation by the Contractor under this contract which is provided herein to be at Government expense, the Government shall pay the Contractor the cost thereof, determined by the Contracting Officer to be allowable in accordance with (i) Part 15, Subpart 5 of the NASA Procurement Regulation in effect as of the date of this contract; and (ii) the terms of this contract. (b) Except as otherwise specifically provided in this contract, the failure of this contract to provide for reimbursement shall not preclude the Contractor from including, as part of the price or cost under any other Government contract or subcontract, an allocable portion of the costs incurred in the performance of any work, duty, or obligation under this contract which are not reimbursable hereunder. 7.704-4 Limitation of Cost. Insert the clause set forth in 7.702-11. 7.704-5 Examination of Records. In accordance with 7.104-15, insert the clause set forth therein. 7.704-6 Location of the Facilities. Insert the clause set forth in 7.702-8. 7.704-7 Maintenance. Insert the clause set forth in 7.702-14. 7.704-8 Inspection. Insert the clause set forth in 7.702-6. 7.704-9 Title. Insert the clause set forth in 7.702-15 except that the following paragraph (a) shall be substituted for the corresponding paragraph in that clause: (a) Title to the Facilities shall remain in the Government. Title to parts replaced by the Contractor in carrying out its normal maintenance obligations pursuant to the clause of this contract entitled "Maintenance" shall pass to and vest in the Government upon completion of their installation in the Facilities. 7.704-10 Access. Insert the clause set forth in 7.702-16. 7.704-11 Property Control. Insert the clause set forth in 7.702-17. 7.704-12 Representations and Warranties. Insert the clause set forth in 7.702-5. 7.704-13 Government Bills of Lading. Insert the clause set forth in 7.702-9. 18. 7.704-14 Liability for the Facilities. Insert the clause set forth in 7.702 7.704-15 Indemnification of the Government. Insert the clause set forth in 7.702-20, deleting the phrase "Except as provided in the 'InsuranceLiability to Third Persons' clause" in the first sentence. 7.704-16 Notice of Use of the Facilities. Insert the clause set forth in 7.702-23. 7.704-17 Termination of the Use of the Facilities. Insert the clause set forth in 7.702-24. 7.704-18 Period of This Contract. Insert the clause set forth in 7.702-25. 7.704-19 Disposition of the Facilities. Insert the clause set forth in 7.702-26. 7.704-20 Failure to Perform. Insert the clause set forth in 7.702-27, except that the phrase "Subject to the provisions of the clause hereof entitled 'Excusable Delays'," shall be deleted in paragraph (a). 7.704-21 Disputes. Insert the clause set forth in 7.103-12. 7.704-22 Security Requirements. Insert the clause set forth in 7.702-29. 7.704-23 Assignment of Claims. Insert the clause set forth 7.103-8. 7.704-24 Officials Not To Benefit. Insert the clause set forth in 7.103-19. 7.704-25 Clean Air and Water. Insert the clause set forth in 1.2302-2. 7.704-4 CFR TITLE 41 CHAPTER 18 CLAUSES FOR FACILITIES CONTRACTS 7.74-26 Covenant Against Contingent Fees. Insert the clause set forth in 1.5^3. 7.704-27 Payment for Overtime Premiums. In accordance with the requirements of 12.102, insert the clause forth in 12.102-6. set 7.704-28 Convict Labor. In accordance with the requirements of Part 12, Subpart 2, insert the clause set forth in 7.104-17. 7.704-29 Equal Opportunity. In accordance with the provisions of 12.804, insert the appropriate clause set forth therein. 7.704-30 Contract Work Hours Standards Act-Overtime Compensation. Insert the appropriate clause set forth in 12.373. 7.704-31 Supersedure. 7.702-58. 7.704-32 [ Reserved] Insert the clause set forth in 7.704-33 Audit By National Aeronautics and Space Administration. In accordance with 7.104-42 (a), insert the clause set forth the rein as amended by 7.104-42 (b). 7.704-34 Financial Reporting of Cwned/Contractor-Held Property. Insert the forth in 7.104-54. 7.704-35 Competition in Subcontracting. clause set forth in 7.104-40. 7.704-36 Interest. 7.1^3-53, except organizations. Governmentclause set Insert the Insert the clause set forth in in contracts with nonprofit 7.704-37 Property Listings. Insert the clause set forth in 7.702-56. 7.704-38 Utilization of Small Business Concerns. In accordance with the instructions in 1.707-3 (a) insert the clause contained therein. used 7.705 Clauses Required To Be Used when Applicable. The clauses set forth in this paragraph are to be with the clauses required for use in (i) Consolidated Facilities Contracts (7.702), (ii) Facilities Acquisition Contracts (7.703), and (iii) Facilities Use Contract (7.7^4). 7.705-1 Rights in Data. In accordance with the requirements of 9.203, insert the appropriate clause or clauses prescribed therein. Particular attention shall be given to obtaining data where necessary to make possible the use or disposal of facilities. clause set 7.705-2 Filing of Patent Applications. In accordance with the requirements of 9.106, insert the forth therein. NASA PROCUREMENT REGULATION 236 |