CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS (a) In accordance with the Subpart 4, insert in requirements of Part 12, fixed-price supply contracts which involve ccnstruction work 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 Withholding of Funds Subcontracts Contract Termination-Debarment on (b) In accordance with the requirements of 6.207, insert in all contracts for construction, except those executed Standard Form 19 and NASA Form 1379, the clause entitled "Euy American," as set forth in 6.207 (c). 7.104-2 Communist Are as. In accordance with the requirements of 6.403, insert the clause set forth therein. 7.104-3 Buy American Act. In accordance with the requirements of Part 6, Subpart 1, insert the clause set forth in 6.104-5. 7.104-4 Notice to the Government of Labor Disputes. Wherever work is to be performed and a work stoppage would result in delay in an urgent NASA program, insert the following clause: NOTICE TO THE GOVERNMENT OF LABOR (a) Whenever the Contractor has knowledge that any actual cr potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice thereof, including all relevant information with respect the re to, to the Contracting officer. (b) The Contractor agrees to insert the substance of this clause, including this paragraph (b), in any subcontract hereunder as to which a labor dispute may delay the timely performance of this contract; except that each such subcontract shall provide that in the event its timely performance is delayed or threatened by delay by any actual cr potential labor dispute, the subcontractor shall immediately notify his next higher tier subcontractor, or NASA PROCUREMENT REGULATION CONTRACT CLAUSES the prime contractor, as the case may be, of all relevant information with respect to such dispute. 7.104-5 Patent Indemnity. Under the circumstances specified in 9.103, the clause set forth therein may be included in the contract. 7.104-6 Filing of Patent Applications. In accordance with the requirements of 9.107-4, insert the clause set forth in 9.107-5 or 9.107-6. 7.104-7 New Technology. In accordance with the requirerents of 9.107-4, insert the clause set forth in 9.107-5 or 9.107-6. 7.104-8 (Reserved) 7.104-9 Rights in Data. If data is to be furnished NASA under the contract, insert the appropriate "Rights in Data" clause or clauses as prescribed in 9.203. 7.104-10 Ground and Flight Risk. In all negotiated fixedFrice type contracts for the production modification, maintenance, or overhaul of aircraft, insert the clause set forth in 10.404. 7.104-11 (Reserved) 7.104-12 Security Requirements. Insert the following clause in all classified contracts. If the situation warrants because of the nature of the item, or the location cr the conditions under which the contract is to be performed, such contract shall include a separate provision for such additional security safeguards as may be required (see paragraphs 1-103, 1-108, and 1-115, ISR). When the Security Requirements clause is inserted in any contract, the contracting officer or his authorized representative shall approve and transmit a Contract Security Classification Specification (DD Form 254 and, if applicable, 254c) in accordance with 16-811 and Section VII, COD 5220.22-R. The DD Form 254 is required in connection with all classified subcontracts unless excepted by DOD 5220.22-R. SECURITY REQUIREMENTS (a) The frovisions 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 CFR TITLE 41 CHAPTER 18 CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS 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 classification cr security requirements under this contract are changed by the Government as provided in this clause and the security costs or time required for delivery under this contract are thereby increased or decreased, the contract price, delivery schedule, or both and any other provision of the contract that may be affected shall be subject to an equitable adjustment by reason of such increased or decreased costs. Any equitable adjustment shall te accomplished in the same manner as if such changes were ċirected under the "Changes" clause of this ccntract. (d) The Contractor agrees to insert in all subcontracts tereunder which involve access to classified information Frovisions 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. 7.104-13 (Reserved) (End of clause) 7.104-14 Utilization of Small Business Concerns. In eccordance with the instructions in 1.707-3 (a), insert the clause contained therein. 7. 104-15 Examination of Records By Comptroller General. Insert the clause set forth below in all contracts, unless Excepted under 6.1001. EXAMINATION OF RECORDS BY CCMPTRCLLER (a) This clause is applicable if the amount of this contract exceeds $10,000 and was entered into by means of negotiation, including small business restricted advertising, but is not applicable if this contract was entered into by means of formal advertising. 10.156 0-9--- 6 Next page is 7-1:97 NASA PROCUREMENT REGULATION CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS (b) The Contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment under this contract or such lesser time specified in Appendix M of the NASA Procurement Regulation, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this con tract. (c) The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment under the subcontract or such lesser time specified in Appendix M of the NASA Procurement Regulation, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract. The term "subcontract" as used in this clause excludes (i) purchase orders not exceeding $10,000 and (ii) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. (d) The periods of access and examination described in (b) and (c) above for records which relate to (i) appeals under the "Disputes" clause of this contract, (ii) litigation or the settlement of claims arising out of the performance of this contract, or (iii) costs and expenses of this contract as to which exception has been taken by the Comptroller General or any of his duly authorized representatives, shall continue until such appeals, litigation, claims or exceptions have been disposed of. 7.104-16 [Reserved] 7.104-17 Convict Labor. In accordance with Part 12, Subpart 2, insert the following clause. CONVICT LABOR (OCTOBER 1974) In connection with the performance of work under this contract, the Contractor agrees not to employ any person undergoing sentence of imprisonment except as provided by Public Law 89-176, September 10, 1965 (18 U.S.C. 4082(c)(2)) and Executive Order 11755, December 29, 1973. 7.104-18 Priorities, Allocations, and Allotments. In accordance with the requirements of 1.307-2, insert the clause set forth therein. 7.104-19 [Reserved] 7.104-20 Utilization of Labor Surplus Area Concerns. In accordance with the requirements of 1.805-3(a), insert the clause set forth therein. 7.104-21 Limitation on Withholding of Payments. (a) Except as provided in (b) below, insert the following clause in contracts which include more than one clause or Schedule provision authorizing the temporary withholding of amounts otherwise payable to the contractor for supplies delivered or services performed: LIMITATION ON WITHHOLDING OF PAYMENTS (SEPTEMBER 1962) If more than one clause or Schedule provision of this contract authorizes the temporary withholding of amounts otherwise payable to the Contractor for supplies delivered or services performed, the total of the amounts so withheld at any one time shall not exceed the greatest 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. NASA PROCUREMENT REGULATION 7.104-21 CONTRACT CLAUSES (b) The clause set forth in (a) above is not required in letter contracts or where: (i) the contracting officer determines that the withholding limitation in the said clause is incompatible with the purpose of the particular withholding provisions involved; or (ii) all of the contract clauses or Schedule provisions (in excess of one) which provide for the withholding of payments either (A) are exempt from the limitations in the clause set forth in (a) above under the proviso thereof, or (B) provide that their withholding provisions do not require any additional withholdings where the amounts required to be withheld under them are being withheld under other provisions of the contract. If it is determined that the withholding limitation in the clause set forth in (a) above is incompatible with the purpose of particular withholding provisions, the said clause may be omitted or modified to make it inapplicable to such withholding provisions. 7.104-22 Small Business Subcontracting Program. In accordance with the requirements of 1.707, insert the clause set forth in 1.707-3(b). 7.104-23 Subcontracts. In accordance with the requirements of 23.201-1, insert an appropriate Subcontracts clause. 7.104-24 Government Property. In accordance with the requirements of 13.702, insert the appropriate clause forth therein. set 7.104-25 Special Tooling. In accordance with the requirements of 13.704, insert the clause set forth therein. 7.104-26 Special Test Equipment. In accordance with the requirements of 13.705, insert the clause set forth the rein. 7.104-27 Frequency Authorization. Any contract which calls for developing, producing, constructing, testing, or operating a device for which a radio frequency authorization is required shall contain the following provision: FREQUENCY AUTHORIZATION (DECEMBER 1971) (a) Authorization of radio frequencies required in support cf this contract shall be obtained through the Contracting Officer by the Contractor or subcontractor in need thereof. Frequency management procedures furnished by the Contracting Officer shall be followed in obtaining radio frequency authorization. CFR TITLE 41 CHAPTER 18 |