7.704-37 Property Listings.. 7.705 Clauses Required To Be Used When Applicable_ Priorities, Allocations, and Allotments... Transfer of Title to the Facilities.. Labor Standards for Construction Work.. Page 774. 4 774.5 774.5 774.5 774.5 774.5 774.5 774.5 774.5 774.5 -- 774. 5 7.705-6 7.705-7 Buy American Act-Construction Contracts__-- 774. 6 7.705-13 Rights in Data for Potentially Hazardous Items. 774.7 7.705-14 Potentially Hazardous Items__. 774. 7 Subpart 8-[Reserved] Subpart 9 Clauses for Time and Material and Labor Hour Contracts Subpart 9.-Clauses for Time and Material and Labor Hour Contracts— 7.901-21 Inspection and Correction of Defects--- 7.901-22 Insurance Liability to Third Persons__ 776. 6 777 7.5001 Required Clauses-Contracts for More than $2,500. 791 791 791 791 Subpart 50 Clauses for Negotiated Utility Service Contracts Continued Paragraph Page 7.5001 Required Clauses-Contracts for More than $2,500-Con. 7.5001-3 Assignment of Claims. 791 7.5001-13 7.5001-14 7.5001-11 Public Regulation and Change of Rates___ 7.5001-12 Change in Class of Service.. 7.5002 Clauses Required To Be Used When Applicable. 792 792 Contractor's Facilities Technical Provisions. 792, 1 792. 1 792.3 7.5004 Required Clauses-Contracts for $2,500 or Less Annually----- 792.6 PART 7 CONTRACT CLAUSES 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 be 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. Subpart 1-Clauses for Fixed-Price Supply Contracts 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 "fixedprice 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 amendments or supplemental agreements which do not effect new procurement), at a fixed price (with or without provision for price redetermination, escalation, or other form 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 provided by the Government under a facilities contract as defined in 13.101-8. 7.103 Required Clauses. The following clauses shall be inserted in all 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 other 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 not inconsistent with the foregoing clause or the provisions of this Regulation. 7.103-2 Changes. CHANGES (SEPTEMBER 1962) The Contracting Officer may at any time, by a written order, 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, or 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 [Contract clause continued on next page] CONTRACT CLAUSES 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 price or delivery schedule, or both, and the contract shall be 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 inIcluded in the Contractor's claim for adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of such property. 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 proceeding 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 days." 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 Officer. 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, or 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 practicable at all times and places including the period of manufacture, and in any event prior to acceptance. (b) In case any supplies or lots of supplies are defective in material or workmanship or otherwise not in conformity with the requirements of this contract, the Government shall have the right either to reject them (with or without instructions as to their disposition) or to require their correction. Supplies or lots of supplies which have been rejected or required to be corrected shall be removed or, if permitted or required by the Contracting Officer, corrected in place by and at the expense of the Contractor promptly after notice, and shall not thereafter be tendered for acceptance unless the former rejection or requirement of correction is disclosed. If the Contractor fails promptly to remove such supplies or lots of supplies which are required to be removed, or promptly to replace or correct such supplies or lots of supplies, the Government either (i) may by contract or otherwise replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby, or (ii) may terminate this contract for default as provided in the clause of this contract entitled "Default." Unless the Contractor corrects or replaces such supplies within the delivery schedule, the Contracting Officer may require the delivery of such supplies at a reduction in price which is equitable under the circumstances. Failure to agree to such reduction of price shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." (c) If any inspection or test is made by the Government on the premises of the Contractor or a subcontractor, the Contractor without additional charge shall provide all [Contract clause continued on next page] |