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Fraiture, or from exempted sources in under the conditions prescribed therein. Care and Use of Laboratory Animals preInsert the clause set forth in § 1-1.319 the principles enunciated in the Guide

hesaurces, National Academy of Sciences Insert the clause set forth in § 1-7.203 Melture's (USDA) regulations and stand15 under the conditions prescribed there

is issued under the Public Laws enumer

ln (8) above. In case of conflict

between standards, the higher standard shall $ 1-7.303-27 Competition in subcom

e used. Contractor reports on portions of

the contract in which animals were used Insert the clause set forth in $ 1.7.202

till contain & certificate stating that the 30 in contracts over $10,000, except in

animals were cared for in accordance with firm fixed-price contracts where award

the principles enunciated in the Guide for is on the basis of effective price competi

Care and Use of Laboratory Animals pre

pared by the Institute of Laboratory Anition or where prices are established by

mal Resources, NAS-NRC, and/or in the reg-
ilations and standards as promulgated by

the Agricultural Research Service, USDA,
Insert the appropriate clause or

pursuant to the Laboratory Animal Welfare

Art of August 24, 1966, as amended (P.L. 88 1-7.303-52 clauses set forth in § 1-3.814-2 under the conditions prescribed therein.

Note: The Contractor may request regis

tration of his facility and a current listing 81-7.303-29 Subcontractor cost and

of llcensed dealers from the Regional Office

of the Animal and Plant Health Inspection
in § 1-3.814-3 under the conditions pre-
Insert the appropriate clause set forth

Service (APHIS), USDA, for the region in
location of the appropriate APHIS Regional Subpart 1-3.1

which his research facility is located. The

41–Public Contracts, Property Management

13541 United States products Office as well as informes f this ing this contract, unless such approval or

del services (Balance of Payments program may be ciocanet de

Senior Stat Office at Con consent specifically provides otherwise. Program)

USDA APELS Teden en at re (f) The Contractor agrees that no suboos shall

tract placed under this contract shall present the clause set forth in $ 1-6.806- Hyattsville, MD 2012 most vide for payment on a cost-plus-a-percentuate the conditions prescribed in

§ 1-7.303_45 Reset the age-of-cost basis. rices.

§ 1-7.303-46 Inst xpla $$ 1-7.303-13_1-7.303-15 (Reserved) 1938-42 Reserved]

Insert the following tsus Ls, or

§ 1-7.303-16 Price reduction for dele 149843 (Reserved] uired

tracts requiring was tive cost of pricing data.

1948-4 Care of laboratory ani. installation. The disse is s for Insert the appropriate clause set forth walk

for contracts a of OLDT tion, in 1-3.814–1

under the conditions pre bet be following clause in all con- when only a seal com

.
a broring the use of experimental quired to be performer

ment installation sur ities

$$ 1-7.303-17–1-7.303–20 [Reserred) riboratory animals: law

visits, and (c) Rica § 1-7.303–21 Advance payments.

CARE OF LABORATORY ANIMALS

Government asta sam was ping

formed outside the mi hall

When advance payments are to be ubelere undertaking performance of not

made in accordance with Subpart 1-304 patret karolving the use of laboratory possessions, and the Oo
insert the appropriate provisions as prenderetary of Agriculture of the United

nat
, the Contractor shall register with

Puerto Rico
Cata
ata
scribed in § 1-30.414–2.

ate in escordance with Section 6, P.L. 89in§ 1-7.303-22 Workmen's compensation

Laboratory Animal Welfare Act, Auatinsurance (Defense Base Act).

4, 1988, as amended by P.L. 91-579. all

Sal Welfare Act of 1970, December 24,
Insert the clause set forth in $ 1-10412 The Contractor shall furnish evidence insurance 41

under the conditions prescribed therein sehr reglstration to the Contracting at;

$ 1-7.303–23 Progress payments. The Contractor shall acquire animals b

When progress payments are to be a research and development programs ny, made in accordance with Subpart 1-30.5

. A dealer lcensed by the Secretary of ed insert the appropriate provisions as pre

cordance with the Public Laws enumer scribed in § 1-30.510.

A b (8), above, of this provision. § 1-7.303–24 Required source for jewel be the care of any live animals used bearings.

atended for use in the performance of

$ contract, the Contractor shall adhere § 1-7.303-25 [Reserved]

sed by the Institute of Laboratory Animal § 1-7.303–26 Interest.

145) –National Research Council (NRC),

la in the United States Department of Aga law or regulation. $ 1–7.303-28 Audit and records.

pricing data.

m or

pense, process
tire performance pediat

e's

Contractor stal met tracting Osica e core surance showing stes quired by the Sebes 30 days written sotia Officer by the insuran cancellation of mater coverage. .

(c) The Contractor first-tier subcontract work on a Governme cure and maintain by the Schedule du of their performance furnish (or assure ti nished) to the Cont Certificate of Insura ments of (b), above subcontractor, at le of each such subc the Government in 88 1-7.303-47cm $ 1-7.303-511

prises subco Insert the cl 1310-2(b) und manner prescri

8 1-7.303-55

(a) Insert itations set 1 (h) (2), and tions under

contracts

, free

Che appropria

ause set fort

ditions un oficer.

set forthn) riculture's (USDA) regulations and standSetition il be used. Contractor reports on portions of apter 1-Federal Procurement Regulations

|-7.303441 United States products

Office as well as information concerning this as contract wat and services (Balance of Payments specifically pri Program).

program may be obtained by contacting the

Animal Care Stall,

Senior Staff Officer,
The Contractus

Federal
USDA/APHIS,

Center Building.
Eaced under . Insert the clause set forth in § 1-6.806-
payment aus under the conditions prescribed in

Hyattsville, MD 20782.
Ost basis. ibpart 1-6.8.

$ 1-7.303–45 [Reserved)
03-13–1-31-7.303–42 [Reserved]

§ 1-7.303-46 Insurance.
3-16 Priere 1-7.303-43
(Reserved]

Insert the following clause in all concost of prix -7.303-44 Care of laboratory ani.

tracts requiring work on a Government

installation. The clause is not required mals.

for contracts (a) of $10,000 or less, (b) 24-1 under th: Insert the following clause in all con

when only a small amount of work is reerein. acts involving the use of experimental

quired to be performed on the Govern-17–1-13 sur laboratory animals:

ment installation such as occasional

visits, and (c) where all the work on a CARE OF LABORATORY ANIMALS 21 Adresi

Government installation is to be per(a) Before undertaking performance of Ivance piny contract involving the use of laboratory

formed outside the United States, its cordance pianimals, the Contractor shall register with

possessions, and the Commonwealth of propriate probe Secretary of Agriculture of the United

Puerto Rico.
-30.4142 states in accordance with Section 6, P.L. 89-

INSURANCE
144, Laboratory Animal Welfare Act, Au-
Workne rust 24, 1966, as amended by P.L. 91-579,

(a) The Contractor shall, at his own ex- (Defense l Animal Welfare Act of 1970, December 24,

pense, procure and maintain during the en1970. The Contractor shall furnish evidence

tire performance period of this contract

insurance of at least the kinds and minif such registration to

the Contracting

mum amounts set forth in the Schedule of

this contract. Progres por (b)The Contractor shall acquire animals

(b) At all times during performance, the used in research and development programs ess paymes from a dealer licensed by the Secretary of

Contractor shall maintain with the Conance with st Agriculture, or from exempted sources in

tracting Officer a current Certificate of In

surance showing at least the insurance repriate mus accordance with the Public Laws enumer

quired by the Schedule, and providing for 1510. ated in (a), above, of this provision.

30 days written notice to the Contracting (c) in the care of any live animals used

Officer by the insurance company prior to or intended for use in the performance of

cancellation or material change in policy this contract, the Contractor shall adhere

coverage. to the principles enunciated in the Guide

(c) The Contractor shall also require all for Care and Use of Laboratory Animals pre

first-tier subcontractors who will perform pared by the Institute of Laboratory Animal

work on a Government installation to proResources, National Academy of Sciences

cure and maintain the insurance required (NAS)-National Research Council (NRC),

by the Schedule during the entire period and in the United States Department of Ag

of their performance. The Contractor shall

furnish (or assure that there has been fur. ards Issued under the Public Laws enumer

nished) to the Contracting Officer a current ated in (a) above. In case

Certificate of Insurance meeting the require

or conflict between standards, the higher standard shall

ments of (b), above, for each such first-tier

subcontractor, at least 5 days prior to entry the contract in which animals were used

of each such subcontractor's personnel on shall contain a certificate stating that the

the Government installation. animals were cared for in accordance with

881-7.303-47—1-7.303–50 [Reserved] the principles enunciated in the Guide for Care and Use of Laboratory Animals pre

§ 1-7.303-51 Minority business enterpared by the Institute of Laboratory Ani

prises subcontracting program. mal Resources, NAS-NRC, and/or in the reg

Insert the clause set forth in § 1-1.ulations and standards as promulgated by the Agricultural Research Service, USDA,

1310-2(b) under the conditions and in

manner prescribed therein.
pursuant to the Laboratory Animal Welfare
Act of August 24, 1966, as amended (P.L.

$$ 1–7.303-52—1-7.303-54 [Reserved]
89-544 and P.L. 91-579).
NOTE: The Contractor may request regis-

81-7.303-55 Cost accounting stan.' tration of his facility and a current listing

(a) Insert the three notic
of licensed dealers from the Regional Office
of the Animal and Plant Health Inspection

itations set forth in $1
Service (APHIS), USDA, for the region in

(h) (2), and (i) (2) in ni which his research facility is located. The

tions under the cond:location of the appropriate APHIS Regional

Subpart 1-3.12. 367

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(U) A discussion of the work to be per- reimbursement type

Semed during the next monthly reporting opment contracts. Insert the clause set forth in $1.

Monthly reports shall be submitted in & re

producible copy plus the number of coples The personnel specified in an attachment tial to the work being performed hereunder. to this contract are considered to be essen

turing each 3 month period of contract per

bormance. In addition to factual data, these Prior to diverting any of the specified indi

Teports shall include a separate analysis secviduals to other programs, the Contractor

Hon which interprets the results obtained,
shall notify the Contracting Officer reason-
ably in advance and shall submit Justifica-

scommends further action, and relates oc-
currences to the ultimate objectives of the

contract work. Sufficient diagrams, sketches, sufficient detail to permit substitutions) in

curves, photographs, and drawings shall be impact on the program. No diversion shall be made by the Contractor without the written

Ineluded to convey the intended meaning.

Quarterly reports shall be submitted in a reconsent of the Contracting Officer: Provided, That the Contracting Officer may ratify in vriting such diversion and such ratification

(c) The Contractor shall submit a final hall constitute the consent of the Contract

report which documents and summarizes the ng Officer required by this clause. The at

results of the entire contract work, including
achment to this contract may be amended
rom time to time during the course of the

recommendations and conclusions based on
the experience and results obtained. The

final report shall include tables, graphs, dia-
-Public Contracts, Property Management des l_federal Procurement Regulations
signs, or specifications; (il) method of ship-141347 Liquidated damages.

drawings in sufficient detenta ment or packing; and (ill) place of inspec

sively explain the results achie tion, delivery, or acceptance. If any such as the provision set forth in $ 1- contract. The final report shall change causes an increase or decrease in the H udar the conditions and in the in & reproducible cops plus cost of, or the time required for performance at prescribed in $ 1-1.315. Where coples specified in the Schedule

of, this contract, or otherwise affects anderd Form 32 is not included in the 1other provisions of this contract, whether

Subpart 1-7.4Cost-Reimb changed or not changed by any such order se, the provision set forth in $ 1

Research and Developmen an equitable adjustment shall be made (1) 14 shall be modified by replacing the

SOURCE: 40 FR. 17566, April in the contract price or time of performance

, paragraph with appropriate referе or both, and (11) In such other provisions as to the Default clause contained in otherwise noted. of the contract as may be so affected, and the entract

.

8 1-7.400 Scope of subpa contract shall be modified in writing accordingly. Any claim by the Contractor for ad 13048 Disposition of material.

This subpart sets forth justment under this clause must be asserted

DISPOSITION OF MATERIAL

for use in cost-reimburs within thirty (30) days from the date ol receipt by the Contractor of the notification in termination or completion of all

search and development of change; Provided, however, that the Con sa mder this contract, the Contractor § 1-7.401 Applicability, tracting Officer, if he decides that the facts prepare for shipment, deliver 1.0.b. Justify such action, may recelve and act upon ston

, or dispose of all materials re

As used throughout t any such claim asserted at any time prior to and from the Government and all residual

term "cost-reimburseme final payment under this contract . Fallure als produced in connection with the

and development conti to agree to any adjustment shall be a dispute Karmance of this contract as may be diconcerning a question of fact within the sed by the Contracting Officer, or as speci

contract (other than a meaning of the clause of this contract en In other provisions of this contract. All

notice of award, or mo titled "Disputes”. However, nothing in this

seras produced or required to be deliv- fecting new procureme clause shall excuse the Contractor from pro

se under this contract become and

remain entered into on a cost ceeding with the contract as changed.

a property of the Government.

cost-plus-a-fee basis, The period of "30 days" within which 1-1301-9 Reports of work.

perimental, developm claim must be asserted may be varied in

work. Unless clearly in accordance with agency procedures.

REPORTS OF WORK

clauses may also be us § 1-7.304–2 Alterations in contract.

) The Contractor shall submit separate
thly progress reports of all work accom-

studies, surveys, and Insert the clause set forth in $1- sted during each month of contract per

socio-economic areas, sance

. Reports shall be in narrative form, § 1-7.304–3 Approval of contract.

e dire and Informal in content. Monthly and (c) those subject Insert the clause set forth in $1

tract Act of 1965, as 0 A quantitative description of overall

$ 1-7.402 Requires (1) An indication of any current problems

dich may impede performance, and pro$ 1–7.304–5 Notice regarding late de red corrective action; and

shall be inserted, as 7.204_4. § 1-7.304–6 Key personnel. KEY PERSONNEL

(b) The Contractor shall submit separate
parterly reports of all work accomplished

nonpersonal services

struction, (b) architet

The clauses set fc

§ 1-7.402-1 Defi

Insert the clause 1. Additional defin provided they are the clause or ti regulations. § 1-7.402-2 Li

(a) Insert t) $ 1-7.202-3(a) i reimbursement velopment cont vide for cost equally applice

desired, may words "exclus appear.

(b) Insert funded cost search and d

provide for

=,

Properti

Chapter 1-Federal Procurement Regulations

CE

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$ 1-7.304-7 Liquidated damages.

drawings in sufficient detal to comprehen? acepas Insert the provision set forth in § 1

sively explain the results achieved under the an increen 1.315-3 under the conditions and in the

contract. The final report shall be submitted ne must manner prescribed in § 1-1.315. Where

in a reproducible copy plus the number of

copies specified in the Schedule.
Standard Form 32 is not included in the
contract, the provision set forth in § 1-

Subpart 1-7.4-Cost-Reimbursement Type

Research and Development Contracts astment in

1.315–3 shall be modified by replacing the ce or in

first paragraph with appropriate refer SOURCE: 40 FR 17566, April 21, 1975, unless in ordert ences to the Default clause contained in

otherwise noted. may be see the contract. modified ic

$ 1–7.400 Scope of subpart. - the Crow $ 1–7.304–8 Disposition of material. s clans :3

This subpart sets forth contract clauses DISPOSITION OF MATERIAL deys turi

for use in cost-reimbursement type reractor Upon termination or completion of all

search and development contracts. horei work under this contract, the Contractor e decide u shall prepare for shipment, dellver f.o.b.

8 1-7.401 Applicability. Dar Peters destination, or dispose of all materials re As used throughout this subpart, the ted at 12

celved from the Government and all residual this com materials produced in connection with the

term “cost-reimbursement type research performance of this contract as may be di

and development contract” means any en el fute rected by the Contracting Officer, or as speci

contract (other than a letter contract, fied in other provisions of this contract. All

notice of award, or modification not efmaterials produced or required to be dellv

fecting new procurement) which is (a) ered under this contract become and remain

entered into on a cost, cost-sharing, or the property of the Government.

cost-plus-a-fee basis, and (b) is for ex255" mit § 1-7.304–9 Reports of work.

perimental, developmental, or research

work. Unless clearly inappropriate, these REPORTS OF WORK clauses may also be used in other types of

e.g.,

nonpersonal services contracts;
(a) The Contractor shall submit separate
monthly progress reports of all work accom-

studies, surveys, and demonstrations in set tiende pllshed during each month of contract per

socio-economic areas, except for (a) conformance. Reports shall be in narrative form,

struction, (b) architect-engineer services, and brief and informal in content. Monthly

and (c) those subject to the Service Conreports shall include:

tract Act of 1965, as amended.
(1) A quantitative description of overall
progress;

8 1-7.402 Required clauses.
(11) An indication of any current problems
which may impede performance, and pro-

The clauses set forth in this g 1-7.402 posed corrective action; and

shall be inserted, as required, in all cost(W) A discussion of the work to be per

reimbursement type research and develformed during the next monthly reporting

opment contracts.
period.

& 1–7.402–1 Definitions.
Monthly reports shall be submitted in a re-
producible copy plus the number of coples

Insert the clause set forth in § 1-7.102specified in the schedule.

1. Additional definitions may be included (b) The Contractor shall submit separate

provided they are not inconsistent with quarterly reports of all work accomplished the clause or the provisions of these during each 3 month perlod of contract per

regulations.
formance. In addition to factual data, these
reports shall include a separate analysis sec-

§ 1-7.402-2 Limitation of cost or funds.
tlon which interprets the results obtained, (a) Insert the clause set forth in
recommends further action, and relates oc-
currences to the ultimate objectives of the

§ 1-7.202–3(a) in all fully funded costcontract work. Sufficient diagrams, sketches,

reimbursement type research and decurves, photographs, and drawings shall be

velopment contracts which do not proIncluded to convey the intended meaning.

vide for cost sharing. The clause is Quarterly reports shall be submitted in a re equally applicable to contracts not proproducible copy plus the number of coples viding for the payment of a fee, and, if specified in the schedule.

desired, may be altered to delete the (c) The Contractor shall submit a final words "exclusive of fee” wherever they report which documents and summarizes the

appear. results of the entire contract work, including

(b) Insert the following clause in fully recommendations and conclusions based on

funded cost-reimbursement type rethe experience and results obtained. The

search and development contracts whi: inal report shall include tables, graphs, diagrams, curves, sketches, photographs, and

provide for cost sharing. The cont 369

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to szteed date substituted therefor, tor to exceed the amount (d) Insert the following clause in cost-Satzueting Officer will, upon written

* by the Contractor, terminate this of a statement in the change sation clause on such date. If the Con- allotted.

pursuant to the provisions of the contract modification, increas shall include a cost sharing formula

estimates that the funds available will right of the Government to sich date, he shall specify the later tractor shall negotiate an eqi

abils request, and the Contracting Of- tion of all property produce both the originally established estimated cost and any increase pursuant

as contract specifically citing and stated LIMITATION OF FUNDS (COST-SHARING)

ament shall not be obligated to relm- templated by this contract

a the Contractor for costs incurred in shall be entitled to that P Government for the performance of this con

at the atmount from time to time altract will not exceed the estimated cost to

i the Contractor shall not be obligated to contemplated by this contı the Government set forth in the Schedule, and the Contractor agrees to use his best efforts to perform the work specified in the

se performance under the contract (inSchedule and all obligations under this con

notions under the Termination

to otherwise to incur costs in excess dures the percentages ai tract within such estimated cost to the Gov

the total of the amount then allotted to ernment plus the share of the cost of per

het by the Government plus the formance agreed to be borne by the Contractor, as set forth in the Schedule.

weets's corresponding share, unless and (b) The amount presently avallable for

ha contracting Officer has notified the

water in writing that the amount alpayment by the Government and allotted to

by the Government has been increased this contract, the items covered thereby, the

Cappelled in such notice an increased Government's share of the cost thereof, and the period of performance which it is esti

feel constituting the total amount then

sweet by the Government to the contract. $ 1-7.202- in all cost nated the allotted amount will cover, gre

te wetent the total of the amount al- type contracts which specified in the Schedule. It is contemplated that from time to time additional funds will

by the Government plus the Contrac- ment of a fixed fee. Public Contracts, Property Management de l-Federal Procurement Regulations g during the course of the contract or as : rested to this contract up to the full tor's corresponding share exce result of terminaton. When and to the er.

site wast to the Government set forth in mated cost set forth in the s tent that the estimated total cost set forth

shule

, exclusive of any fixed fee. The estimated cost shall be corres in the Schedule has been increased, any

wwxngrees to perform or have per creased. Any increase in such costs incurred by the Contractor in excess of

uz tork on this contract up to the point shall be allocated in accordance the estimated total cost prior to such to

titled the total amount paid and payable mula set forth in the Sched crease shall be allowable to the same extent

12 Government pursuant to the terms of such increases. No notice, co and in the same percentage as I such costs

Babast approximates but does not ex or representation in any other had been incurred after the increase; unless

45 total emount actually allotted by any person other than the co the Contracting Officer issues & termination

lernent to the contract.

ficer shall affect the amount & or other notice and directs that the increase

Det any time the Contractor has Government to this contract. I 3 is solely for the purpose of covering termi

ub beleve that the costs which he

of the specified notice, the Goy nation or other specified expenses.

a to incur in the performance of this

not be obligated to reimburset (c) Change orders issued pursuant to the

the next succeeding 60 days,

for any costs in excess of the Changes clause of this contract shall not be

added to all costs previously incurred,

then allotted by the Governme considered an authorization to the Contractor

od 75 percent of the total of the

tract, whether those excess to exceed the estiinated cost to the Govern

ut then allotted to the contract by the ment set forth in the Schedule in the absence

curred during the course of the

cament plus the Contractor's correof & statement in the change order, or other

a result of termination. When bare , the Contractor shall notify

tent that the amount allotteg contract modification, increasing the esti

intreting Officer in writing to that efmated cost.

ernment to the contract has t (d) In the event this contract is terminated

De notice shall state the estimated any costs incurred by the Coi or the estimated cost not increased, the Gov.

eted additional funds required to con

cess of the total of the amo ernment and the Contractor shall negotiate ristle. Sisty days prior to the end of

pelormance for the period set forth in allotted by the Government an equitable distribution of all property

tractor's corresponding share od specified in the schedule the Con

able to the same extent and in produced or purchased under the contract based upon the share of costs incurred by u to the estimated amount of addr

a

centage as if such costs had each.

after such increase in the srl

en de 1 an, that will be required unless the contracting Officer (c) Insert the clause set forth in urbely performance of the work under nation or other notice and d § 1-7.202-3(b) in cost-reimbursement

increase is solely for the purt type research and development contracts spelled to the Schedule or otherwise termination or other specified which are to be incrementally funded by the parties. If, after such notif

(e) Change orders issued and which do not provide for cost

waltonal funds are not allotted by changes clause of this contri

of the perlod set forth in the Schedsharing.

considered an authorization

Government in the Schedule reimbursement type research and development contracts which are to be incrementally funded and which provide for cost-sharing. The contract schedule

() Nothing in this clause agreed upon by the contracting officer

contract. In the event this and the contractor. The formula shall

minated, the Government provide for the ratio of cost-sharing for

under the contract based up to paragraph (b) of the clause.

costs incurred by each. (a) It is estimated that the cost to the 170

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(8) In the event that suf not allotted to this contract

to allow o

fee set forth in the Schedu

of

(e) In accordance witi

stated in the foregoing varied respectively betw and 85 percent and 30 to $ 1-7.402-3. Allowable

payment. (a) Insert the claus

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