PART 7 CONTRACT CLAUSES Subpart 1-Clauses for Fixed-Price Supply Contracts 7.000 Scope of Part. This Part sets forth uniform clauses to be used in contracts for property and services entered into by NASA, except in contracts to te performed outside the United States, its possessions, and Puerto Rico (hereafter referred to as foreign contracts). The clauses to be used in foreign contracts shall be as prescribed on a case-by-case basis in accordance with the provisions of Part 6, Subpart 7. 7.001 Incorporation of Contract Clauses by Reference. (a) Except as may be otherwise indicated with respect to individual clauses, provisions, or groups thereof, the clauses and provisions prescribed by this Part 7, and other appropriate Parts, are susceptible to incorporation by reference in solicitations and contracts in accordance with the following criteria: (1) A provision substantially as follows shall be employed to effect incorporation by reference: The following NASA Procurement Regulation clauses and provisions are hereby incorporated in this contract by reference with the same force and effect as if set forth in full text. The complete text for all of these clauses and provisions is available from the procurement office issuing this contract, and will be furnished upon request. The contractor hereby acknowledges that he has in his posession cr is otherwise familiar with all of the clauses and provisions incorporated herein by reference, and agrees to perform this contract in accordance with the provisions of such referenced clauses and the other provisions of this contract. CONTRACT CLAUSES (2) The Procurement officer, or his designee, may further restrict incorporation by reference for specified contracts or classes of contracts. (3) So long as the verbatim text satisfies all sclicitation or contract requirements, incorporation by reference is authorized, notwithstanding that the clause or provision (i) is identified for alternate or optional use or as a sample, or (ii) requires insertion of an appropriate schedule provision by the Government for its completion. (4) A clause or provision shall not be incorporated by reference if it (1) is not susceptible to precise identification as required by (1) above, (ii) requires completion by the offeror or contractor, or (iii) is otherwise impracticable for application of the technique. (b) Clauses and provisions published in NASA Installation procurement instructions and procurement office NASA PR implementations shall not be incorporated by reference. (c) In case of a dispute, or other situation requiring the review of all or some of the clauses in a contract, the contracting officer shall be responsible for reconstructing the full text of all clauses incorporated by reference for use by other NASA offices, as required. 7.100 Scope of Subpart. This Subpart sets forth uniform clauses for use in fixed-price supply contracts as defined in 7.102. 7. 101 [Reserved] 7.102 Applicability. As used throughout this Subpart, the term "fixed-price supply contract means any contract entered into either by formal advertising or by negotiation, including letter contracts (except notices of award, contracts placed under Small Purchases Procedures, and an endments or supplemental agreements which do not effect rew procurement), at a fixed price (with or without provision for price redetermination, escalation, or other icm of price revision), and for supplies other than construction, alteration, or repair of buildings, bridges, roads, or other kinds of real property; experimental, developmental, or research work, or facilities to be Frovided by the Goverment under a facilities contract as defined in 13.111. 7.103 Required Clauses. The following clauses shall be inserted in all fixed-prace supply contracts. CPP TITLE #1 CHAPTER 18 CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS 7.103-1 Definitions. DEFINITIONS (SEPTEMBER 1962) As used throughout this contract, the following terms shall have the meanings set forth below: (a) The term "Administrator" means the Administrator or Deputy Administrator of the National Aeronautics and Space Administration; and the term "his duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized to act for the Administrator. (b) The term "Contracting Officer" means the person executing this contract on behalf of the Government, and any cther officer or civilian employee who is a properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his authority. (c) Except as otherwise provided in this contract, the term "subcontracts" includes purchase orders under this contract. (d) The term "NASA" means the National Aeronautics and Space Administration. Additional definitions may be included, provided they are rot inconsistent with the foregoing clause or the provisions of this Regulation. 7.103-2 Changes. CHANGES (SEPTEMBER 1962) or The Contracting officer may at any time, by a written crder, and without notice to the sureties, make changes, within the general scope of this contract, in any one or more of the following: (i) Drawings, designs, specifications, where the supplies to be furnished are to be specially manufactured for the Government in accordance therewith; (ii) method of shipment or packing; and (iii) place of delivery. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the contract lelivery schedule, or both, and the contract shall be price or NASA PROCUREMENT REGULATION CONTRACT CLAUSES modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change, provided, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of such Froperty. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." However, nothing in this clause shall excuse the Contractor from Froceeding with the contract as changed. In the foregoing clause the period of "30 days" within which any claim for adjustment must be asserted may be varied not to exceed "60 ċays." 7.103-3 Extras. EXTRAS (SEPTEMBER 1962) Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Cfficer. 7.103-4 Variation in Quantity. VARIATION IN QUANTITY (SEPTEMBER 1962) No variation in the quantity of any item called for by this contract will be accepted unless such variation has been caused by conditions of loading, shipping, or packing, cr allowances in manufacturing processes, and then only to the extent, if any, specified elsewhere in this contract. 7.103-5 Inspection. INSPECTION (SEPTEMBER 1962) (a) All supplies (which term throughout this clause includes without limitation raw materials, components, intermediate assemblies, and end products) shall be subject to inspection and test by the Government, to the extent CFR TITLE 41 CHAPTER 18 |