CONTRACT CLAUSES Consistency of Cost Accounting Practices clause (7.10455 (a) (2)). (i) for any change in cost accounting practices required to comply with a new Cost Accounting Standard in accordance with paragraphs (a) (3) and (a) (4) (A) of the clause of this contract entitled "Cost Accounting Standards" within sixty (60) days (or such other date as may be mutually agreed to) after award of a contract requiring such change; or or (ii) for any change to cost accounting practices froposed in accordance with paragraph (a) (4) (B) (a) (4) (C) of the clause of this contract entitled "Cost Accounting Standards" or with paragraph (a) (3) (a) (5) of the clause entitled "Disclosure and Consistency of Cost Accounting Practices" not less than sixty (60) days (or such other date as may be mutually agreed to) prior to the effective date of the proposed change; or of (iii) for any failure to comply with an applicable Cost Accounting Standard or to follow a disclosed Fractice as contemplated by paragraph (a) (5) of the clause of this contract entitled "Cost Accounting Standards"_____ or with paragraph (a) (4) of the clause entitled "Disclosure and Consistency of Cost Accounting Practices" within sixty (60) days (or such other date as may be mutually agreed agreed to) after the date agreement of such noncompliance by the Contractor. (b) Submit a cost impact proposal in the form and manner specified by the cognizant Contracting Officer within sixty (60) days (or such other date as may be mutually agreed to) after the date of determination of the adequacy and compliance of change submitted pursuant to (a) (i), (ii), or (iii) above. (c) Agree to appropriate contract and subcontract amendments to reflect adjustments established in accordance with paragraphs (a) (4) and (a) (5) of the clause of this contract entitled "Cost Accounting Standards" or with paragraphs (a) (3), (a) (4) and (a) (5)_of the clause entitled "Disclosure and Consistency_of_Cost_Accounting Practices," (d) When the subcontract is subject to either the clause entitled "Cost Accounting Standards," or the clause entitled "Disclosure and Consistency of Cost Accounting Practices, so state in the body of the subcontract and/or in the letter of award. Self deleting clauses shall not be used. (e) Include the substance of this negotiated subcontracts containing either clause in all the clause CFR TITLE 41 CHAPTER 18 CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS entitled "Cost Accounting Standards " or the clause entitled "Disclosure and Consistency of Cost Accounting Fractices." In addition, include a provision in these subcontracts which will require such subcontractors, within thirty (30) days after receipt of award, to submit the following information to the Contract Administration Office cognizant of the subcontractor's facility. (1) Subcontractor's name and subcontract number. (3) Name of Contractor making the award. (4) A statement as to whether the subcontractor has rade or proposes to make any changes to accounting practices that affect prime contracts or subcontracts containing the Cost Accounting Standards clause or Cisclosure and Consistency of Cost Accounting Practices clause unless such changes have already been reported. If award of the subcontract results in making a Cost Accounting Standard(s) effective for the first time, this shall also be reported. (f) For negotiated subcontracts containing the clause entitled "Cost Accounting Standards," require the subcontractor to comply with all Standards in effect on the date of final agreement on price as shown on the subcontractor's signed certificate of current cost or pricing data or date of award whichever is earlier. (g) In the event an adjustment is required to be made to any subcontract hereunder, notify the Contracting cfficer in writing of such adjustment and agree to an adjustment in the price or estimated cost and fee of this contract, as appropriate, based upon the adjustment established under the subcontract. Such notice shall be given within thirty (30) days after receipt of the proposed subcontract adjustment, or such other date as may be mutually agreed to, and shall include a proposal for adjustment to such higher tier subcontract or prime contract as appropriate. (h) When either the Cost Accounting Standards clause or the Disclosure and Consistency of Cost Accounting Practices clause and this clause are included in subcontracts, the term "Contracting Officer" shall be suitably altered to identify the purchaser. 7.104-56 Order of Precedence. The following clause, which may be modified to change the order or to add to delete items to meet the needs of a particular NASA PROCUREMENT REGULATION CONTRACT CLAUSES procurement, shall be included in all contracts which are not preceded by a written solicitation (see 2.201 (a) (22) and 3.501 (b) (lxii): ORDER OF PRECEDENCE (NOVEMBER 1965) In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following crder: (a) the Schedule; (b) General Provisions; (c) the other provisions of the contract whether incorporated by reference or otherwise; and (d) the Specifications. 7.104-57 Liability for Government Property Furnished for Repair or other Services. In accordance with the requirements of 13.702(c), insert the clause set forth therein. 7.104-58 Safety and Health. In accordance with the requirements of Part 1, Subpart 52, insert the clause set forth in 1.5204. 7.104-59 Non-Use of Foreign-Flag Vessels Engaged in Cuban or North Vietnam Trade, In accordance with the requirements of 1.1410, insert the clause set forth therein. 7.104-60 Report on NASA Subcontracts. In accordance with the requirements of 16.902, insert the clause set forth within. CFR TITLE 41 CHAPTER 18 CLAUSES FOR FIXED PRICE SUPPLY CONTRACTS 7.104-61_Rights in Data for Potentially Hazardous Items. In accordance with the requirements of 9.203-6 insert the clause therein. set 7.104-62 Potentially Hazardous Items. In accordance with the requirements of 1.351, insert the clause forth therein. of 7.104-63_Required Source for Jewel Bearings and Related Items. In accordance with the requirements 1.315, insert the clause set forth therein. 7.104-64 through 7, 104-81 (Reserved) 7.104-82 Payment of Interest on Contractors' Claims, In accordance with 1.333, insert the following clause; PAYMENT OF INTEREST ON CONTRACTORS' CLAIMS (a) If an appeal is filed by the Contractor from a final decision of the Contracting officer under the "Disputes" clause of this contract, denying a claim arising under the contract, simple interest on the arount of the claim finally determined owed by the Government shall be payable to the Contractor. Such interest shall be at the rate established by the Secretary of the Treasury pursuant to Public Law 92-41, 85 Stat. 97, from the date the Contractor furnishes to the Contracting officer his written appeal under the "Disputes" clause of this contract, to the date of (1) a final judgment by a court of competent jurisdiction, or (2) mailing to the Contractor of a supplemental agreement for execution either confirming completed negotiations between the parties or carrying out a decision of a Board of Contract Appeals. (b) Notwithstanding (a) above, (1) interest shall be applied only from the date payment was due, if such date is later than the filing of appeal; and (2) interest shall not be paid for any period of time that the Contracting officer determines the Contractor has unduly delayed in pursuing his remedies before a Board of Contract Appeals or a court of competent jurisdiction. 7.104-83 (Reserved). 7.194-84 Fast Payment Procedure. In accordance with the requirements of 3.606-3 insert the clause set forth therein. 7.104-85 (Reserved). 7.104-86 Notification of Changes. The following clause is prescribed for use in accordance with 26.802: NASA PROCUREMENT REGULATION CONTRACT CLAUSES NOTIFICATION OF CHANGES (AUGUST 1977) (a) Definitions, As used in this clause, (i) the term "Contracting officer" does not include any representative of the Contracting Officer whether or not such representative is acting within the scope of his authority, and (ii) the term "specifically authorized representative" means any person the Contracting officer has so designated by written notice which shall refer to this subparagraph and shall be issued to the designated representative prior to his invocation of such authority (and a copy of which shall be provided to the Contractor.) (b) Notice. The primary purpose of this clause is to cbtain frompt reporting of Government conduct which the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Contracting Officer in writing promptly, and in any event within ...........* f*to be negotiated) calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) which the Contractor regards as a change to the contract terms and conditions. The Notice shall state, on the basis of the most accurate information available to the Contractor: (i) the date, nature, and circumstances of the conduct regarded as a change; (ii) the name, function, and activity of each Government individual and contractor official or exployee involved in or knowledgeable about such ccnduct; (iii) the identification of any documents and the substance of any oral communication involved in such ccnduct; (iv) in the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose; (v) the particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including: (1) what contract line item(s) have been or may be affected by the alleged change; (2) what labor or materials or both have been or may be added, deleted, or wasted by the alleged change; CFR TITLE 41 CHAPTER 18 |