CLAUSES FOR FACILITIES CONTRACTS

for

will be subject to the reimbursement provisions of related procurement contracts; provided, however, that should nc procurement contract be available reimbursement of such costs, this contract may be appropriately modified to provide for reimbursement.

7.706-2 Accountable Facilities.

ACCOUNTABLE FACILITIES (NOVEMBER 1974)

such

The facilities accountable under this contract are identified in the Contractor's property control system and include those facilities furnished or acquired under related procurement contracts issued by the purchasing offices which are specifically named in the Schedule hereto.

7.706-3 Definitions. Insert the clause set forth in 7.702-1.

Additional definitions may be included in such clause provided they are not inconsistent with such clause this Regulation.

7.706-4 Use of Government Facilities.

or

USE OF GOVERNMENT FACILITIES (NOVEMBER 1974) The Contractor may use the Facilities without charge in the performance of:

(i) prime contracts with the Government specifically authorize use without charge,

which

tier

(ii) subcontracts held by the Contractor under Government prime contracts or subcontracts of any thereunder if the Contracting Officer having cognizance cf the prime contract concerned has authorized use without charge by approving a subcontract specifically authorizing such use or has otherwise authorized such use in writing,

(iii) other work with respect to which the Contracting officer has authorized use without charge

in writing.

7.7 6-5 Allowable Costs and Payments.

Next page is 7-7:297

NASA PROCUREMENT REGULATION

CLAUSES FOR FACILITIES CONTRACTS

ALLOWABLE COSTS AND PAYMENTS (NOVEMBER 1974) Except as otherwise specifically provided in this contract or any related procurement 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.

7.706-6 Examination of Records by Comptroller General. Insert the clause set forth in 7.104-15.

7.706-7 Location of the Facilities.

LOCATION OF THE FACILITIES (NOVEMBER 1974)

The Contractor may use the Facilities at any of the locations approved by the Contracting Officer. In granting this approval, the Contracting Officer may prescribe such terms and conditions as he may deem necessary for the protection of the Government's interest in the Facilities involved. Notwithstanding any inconsistency with the provisions of this contract, such terms and conditions shall prevail.

7.706-8 Maintenance. Insert the clause set forth in 7.702-14. 7.706-9 Inspection. Insert the clause set forth in 7.702-6. 7.706-10 Title.

TITLE (APRIL 1975)

(a) Title to all facilities furnished by the Government shall remain in the Government. Title to all Facilities purchased by the Contractor, but the cost of which the Contractor is to be reimbursed as a direct item of cost under a related procurement contract, shall pass to and vest in the Government upon delivery of such Facilities by the vendor; provided, however, that whenever the Contractor shall have obtained the prior approval of the Contracting Officer for the acquisition of any item of equipment having a unit cost of less than $1,000, title to such equipment shall vest in the Contractor. Title to other Facilities, the cost of which is to be reimbursed to the Contractor under a related procurement contract, shall pass to and vest in the Government upon (i) issuance for use of such Facilities in the performance of a related procurement contract, or (ii) commencement or processing or use of such Facilities in the performance of a related procurement contract, or (iii) reimbursement of the cost thereof by the Government, whichever first occurs. All Government-furnished Facilities, together with all Facilities acquired by the Contractor, title to which vests in the Government under this paragraph, are subject to the provisions of this clause and are hereinafter collectively referred to as "Government Facilities."

(b) Title to the Government Facilities shall not be affected by the incorporation or attachment thereof to any Facilities not owned by the Government, nor shall such Governnient Facilities, or any part thereof, be or become a fixture or lose its identity as personalty by reason of affixation to any realty.

(e) Notwithstanding the provisions of subparagraph (a) above relative to title, and in accordance with the criteria set forth in NASA PR 13.350-4, the Contracting Officer may at any time during the term of this contract, or upon completion or termination, transfer title to Contractor-acquired equipment to the Contractor upon such terms and conditions as may be agreed upon; provided, that the Contractor shall not under any Government contract, or subcontract thereunder, charge for any depreciation, amortization or use of such equipment as is donated under this paragraph. Upon the transfer of title to equipment under this paragraph, such equipment shall cease to be Government property. The Contractor shall furnish the Contracting Officer a list of all such equipment where title is vested in the Contractor within ten (10) days following the end of the calendar quarter in which the transfer of title

occurs.

7.706-11 Access. Insert the clause set forth in 7.702-16.

NASA PROCUREMENT REGULATION

7.706-11

CONTRACT CLAUSES

7.706-12 Property Control. Insert the clause set forth in 7.702-17. 7.706-13 Representations and Warranties. Insert the clause set forth in 7.702-5.

18.

7.706-14 Liability for the Facilities. Insert the clause set forth in 7.702

7.706-15 Termination of the Use of the Facilities.

TERMINATION OF THE USE OF THE FACILITIES (NOVEMBER 1974)

(a) Subject to the provisions of the clause of this contract entitled, "Disposition of the Facilities", the Contractor may at any time, upon written notice to the Contracting Officer, terminate his authority to use any or all of the Facilites. Termination under this paragraph (a) shall not relieve the Contractor of any of his obligations or liabilities under any related procurement contract or subcontract affected thereby.

(b) The Contracting Officer may at any time, upon written notice, terminate or limit the Contractor's authority to use any or all of the Facilities. Except as may otherwise be provided in this contract or any related procurement contract, appropriate equitable adjustment may be made in any related procurement contract of the Contractor which so provides and which is affected by any such notice.

(c) Upon completion of the related procurement contract, or at any time during the life of the related procurement contract when the facilities are no longer required, it is the responsibility of the Contractor to notify the Contracting Officer in order that appropriate disposal may be made.

7.706-16 Period of This Contract.Insert the clause set forth in 7.702-25. 7.706-17 Disposition of the Facilities. Insert the clause set forth in 7.702-26.

7.706-18 Disputes. Insert the clause set forth in 7.103-12.

7.706-19 Officials Not To Benefit. Insert the clause set forth in 7.103-19. 7.706-20 Financial Reporting of Government-Owned/Contractor-Held Property. Insert the clause set forth in 7.104-54.

7.706-21 Covenant Against Contingent Fees. Insert the clause set forth in 7.103-20.

7.706-22 Convict Labor. In accordance with the requirements of Part 12, Subpart 2, insert the clause set forth in 12.203.

7.706-23 Equal Opportunity. In accordance with 12.804, insert the appropriate clause set forth therein.

7.706-24 Contract Work Hours Standards Act-Overtime Compensation. In accordance with 7.103-16 insert the clause set forth in 12.303-1. Note the prefatory language required by 12.303-2 for use in contracts with a state or political subdivisions thereof.

7.706-25 Supersedure.

SUPERSEDURE (NOVEMBER 1974)

(a) Facilities heretofore provided to the Contractor pursuant to the contracts specified in the Schedule shall become subject to the terms of this contract upon its effective date. The terms of the contract by which such Facilities may have been provided to the Contractor 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 related procurement contract shall become subject to the terms of this contract upon the completion of its construction, acquisition, and installation, or upon its availability for use, whichever first occurs, except as otherwise provided in the contract or other document by which such Facilities are provided to the Contractor.

7.706-12

CFR TITLE 41 CHAPTER 18