ML20203J835
| ML20203J835 | |
| Person / Time | |
|---|---|
| Issue date: | 07/14/1986 |
| From: | Danielle Sullivan, Wiggins E NRC OFFICE OF ADMINISTRATION (ADM), ZONAR CORP. |
| To: | |
| Shared Package | |
| ML20203J828 | List: |
| References | |
| CON-FIN-D-1212, CON-NRC-33-84-408 NUDOCS 8608050440 | |
| Download: ML20203J835 (23) | |
Text
8. CON 1RAC1 #D COOL PAGE 9e PMo4.5
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- 32. AC C OUNTING ANO AP8 A Or> Ri AT EON OAT A (1/ remed, B&R No. 80-20-25-02 FIN D1212 APPN No. 31X0200.806
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- 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT 5'ORDE R5' IT MODIFIES THE CONTRACT / ORDER NO AS DESCRIBED IN ITEM 14 i
ORDER NO sh Nw [
W (3Pecah sierno ir> / TME CMANGES SE T F OR1 H IN sT EM 34 ARE W ADE IN T HE CON-C k
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espeop-nation dear, etc J SET F ORTH IN tTEM 14. PJR5JANT TC TME AUTHORITY OF F AR 43 3C3(c)
C. TMi$ $VPPgEMENT AL AG REEw(NT g5 ENT ERED INTO PsR5sANT 70 AVTMORiT v 08 X
Paragraph G.1 of the contract and mutual agreement of the Darties O O T H E R a,, c.3 ew. c..n ode,.no n.,d.. n o r,,
8608050440 860717 PDR CONTR NRC-33-84-408 PDR
- E. IMDORTANT
- Contra to-is not.
is reure:: 10 sig. this doco nent am: feta n Copies t; the issain; Office 2
a l1s OEnc R 6PisON OF AMENOMENT/v0DiF sC AT EON (0 yanazed by UCT.rchon Aeadings. saciucang solacisenontron t cr sw teert an. tar as The purpose of this modification is to incorporate the tems and conditions applicable to cost-plus-fixed-fee type task orders. The contract is therefore modified as follow:
.I.
1 Under Section E - Inspection and Acceptance, the following Clause is added:
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52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT.
(APR 1984)
(a)
Definition.
" Services," as used in this clause, includes services perfonned, workmanship, and material furnished or used in performing services.
gg egm..o.e n..... en wm. ene conen,m c, in oocom.,i..
..nc.e se si.e A c. loa.., ne,.io,c,. cn.ne.:...m..n. unen.n.:.ae in our rce 36 A. N awe AND T aT LE OF S GNER (Tysv opprint/
36 A. NAME AND TeTLE OF CONT R ACTaNG OF F sCER (T>pe or arint' j
David E. Sullivan, President Elois J. Wiggins i
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N 750o43 362 8o7o V!Ev4005 EDITION UNuS ABLE 3o.105 STAND ARD FORM 30 (REv. 3o-83 f
Pres:rioe c c> GS A 6
F AR (46 CFR) 53.243 l
J i
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract.
Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right tc inspect and test all services called for by the contract, to the extent practicable at all places and
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times during the f.erm of the contract. The Government shall perfom inspections and tests in a manner that will not unduly delay the work.
(d)
If any of the services performed do not confom with contract requirements, the Government may require the Contractor to perform the services again in confemity with contract requirements, for no additional fee.
When the defects in services cannot be correctd by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance confoms to contract requirements and (2) reduce any fee payable under the contract to reflect the reduced value of the services performed.
(e)
If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in confonnity with contract requirements, the Government may (1) by contract or otherwise, A
perform the services and reduce any fee payable by an amount that is equitable under the circumstances or (2) teminate the contract for default.
(End of clause)
(R 7-1909.5 1971 Nov.)
2.
Under Section G - Contract Administration Data, add:
G.I.6 Overhead / General and Administrative Rates The following indirect rates will apply for all cost-plus-fixed-fee task orders issued pursuant to this contract during the period from March 1, 1986 through July 31, 1987.
l A.
Pending the establishment of final overhead rates which shall be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs hereunder at the provisional rate of 93 percent of direct labor.
B.
Pending the establishment of final general and administrative rates l
which shall be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs hereunder at the provisional rate of 20 percent of direct labor,
(
overhead, and other direct costs.
)
l '
C.
Notwithstanding A. and B. of this Section, said provisional overhead and G&A rates may be adjusted as appropriate during the tern of the contract upon the acceptance of such revised rates by the Contracting Officer.
G.I.7 Fixed Fee The fixed fee applicable to the performance of cost-plus-fixed-fee task orders issued during the period March 1, 1986 through July 31, 1987 shall not exceed 7.5 percent. The NRC reserves the right to negotiate a separate fixed fee on an individual task-by-task basis.
G.5.2 Cost Plus Fixed Fee Task Orders The contractor shall be paid an amount approved by the Contracting Officer after submitting an invoice for allowable costs incurred on each task order on a monthly basis. The invoice shall identify the individuals working on the task order, their hourly rate, indirect charges, any material charges and fee. The contractor must maintain records which may be used to substantiate vouchers by evidence of actual payment and by individual daily job timecards, or such other i
substantiation approved by the Contracting Officer. Promptly after receipt of such substantiated voucher, the government shall, except as otherwise provided in this contract, make payment thereon as approved by the Contracting Officer. Additional provisions relating to payment for cost plus fixed fee task orders are contained in Section I, Clauses 52.216-7 and 52.216-8.
G.5.3 Fee Retention Provisions for Labor Hour and Cost Plus Fixed Fee Task Orders For labor hour task orders, unless otherwise set forth in the schedule, one percent of the amount due shall be withheld from each payment by the Contracting Officer.
For cost plus fixed fee task orders, after payment of 85 percent of the fixed fee set forth in each task order, the t
l Contracting Officer will withhold further payment of fee.
Such amounts withheld shall be retained until the execution and delivery of a final release by the contractor for all work performed under the contract. The total combined amount withheld pursuant to labor hour and cost plus fixed fee task orders shall at no time exceed $25,000.00.
G.5.4 Payment of Fixed Fee l
Payment of fixed fee shall be in accordance with paragraph (b) of clause 52.216-8 entitled " Fixed Fee" and the NRC billing instructions in Part III, Section J.
i
. 3.
Under PART II - CONTRACT CLAUSES,Section I - Contract Clauses, add:
52.215-22 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA.
(APR 1984)
(a) If any price, including profit or fee, negotiated in connection with this contract, or any cost reimbursable under this contract, was increased by any significant amount because (1) the Contractor or a subcontractor furnished cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data, (2) a subcontractor or prospective subcontractor furnished the Contractor cost or pricing data that were not complete, accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data, or (3) any of these parties furnished data of any description that were not accurate, the price or cost shall be reduced accordingly and the contract shall be modified to reflect the reduction.
(b) Any reduction in the contract price under paragraph (a) above due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which (1) the actual subcontract or (2) the actual cost to the Contractor, if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor; provided, that the actual subcontract price was not itself i
affected by defective cost or pricing data.
(End of clause)
(R 7-104.29(a) 1970 JAN)
)y (R 1-3.814-1(a))
52.215-24 SUBCONTRACTOR COST OR PRICING DATA.
(APR 1985)
(a) Before awarding any subcontract expected to exceed $100,000 when entered into, or before pricing any subcontract modification involving a pricing adjustment expected to exceed $100,000, the Contractor shall require the subcontractor to submit cost or pricing data (actually or by specific identification in writing), unless the price is--
(1) Based on adequate price competition; (2) Based on established catalog or market prices of commercial items sold in substantial quantities to the general public; or (3) Set by law or regulation.
(b) The Contractor shall require the subcontractor to certify in substantially the form prescribed in Subsection 15.804-4 of the Federal
,1 I
I Acquisition Regulation (FAR) that, to the best of its knowledge and belief, the data submitted under paragraph (a) above were accurate, complete, and current as of the date of agreement on the negotiated price of the subco1 tract or subcontract modification.
(c) In each subcontract that exceeds $100,000 when entered into, the Contractor shall insert either--
(1) The substance of this clause, including this paragraph (c), if paragraph (a) above requires submission of cost or pricing data for the subcontract; or (2) The substance of the clause at FAR 52.215-25, Subcontractor Cost or Pricing Data--Modifications.
(End of clause) l 52.216-7 ALLOWABLE COST AND PAYMENT.
(APR 1984)
(a) Invoicing.
The Government shall make payments to the Contractor I
when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined j
to be allowable by the Contracting Officer in accordance with Subpart 31.2 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statenent of the claimed allowable cost for performing this contract.
(b) Reimbursing costs.
(1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (2) below, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the tenn " costs" includes only--
(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract; (ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for--
(A) Materials issued from the Contractor's inventory and placed in the production process for use on the contract; (B) Direct labor; (C) Direct travel; (D) Other direct in-house costs; and i
~
(E) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor i
for purposes of obtaining reimbursement under Government contracts; and (iii) The amount of progress payments that have been paid to the Contractor's subcontractors under similar cost standards.
(2) Contractor contributions to any pension, profit-sharing, or employee stock ownership plan funds that are paid quarterly or more often may be e
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]
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included in indirect costs for payment purposes; provided, that the Contractor pays the contribution to the fund within 30 days after the a
close of the period covered.
Payments made 30 days or more after the l
close of a period shall not be included until the Contractor actually makes the paynent. Accrued costs for such contributions that are paid 4
less often than quarterly shall be excluded from indirect costs for i
payment purposes until-the Contractor actually makes the payment.
l (3) Notwithstanding the audit and adjustment of invoices or vouchers j
under paragraph (g) below, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) below.
(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the 8-Government shall be disregarded for purposes of cost-reimbursement under l
this clause.
(c) Small business concerns. A small business concern may be paid
{
more of ten than every 2 weeks and may invoice and be paid for recorded j
costs for items or services purchased directly for the contract, even 6
though the concern has not yet paid for those items or services.
ll (d) Final indirect cost rates.
(1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.
(2) The Contractor shall, within 90 days after the expiration of each of its fiscal years, or by a later date approved by the Contracting Officer, i;
submit to the cognizant Contracting Officer responsible for negotiating 1
its final indirect cost rates and, if required by agency procedures, to the cognizant audit activity proposed final indirect cost rates for that period and supporting cost data specifying the contract and/or subcontract to which the rates apply. The proposed rates shall be based 1'
on the Contractor's actual cost experience for that period. The j
appropriate Government representative and Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the i
Contractor's proposal.
(3) The Contractor and the appropriate Government representative shall
[
execute a written understanding setting forth the final indirect cost j
rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the l
periods for which the rates apply, (iv) any specific indirect cost items i
treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special i
l terms and the applicable rates. The understanding shall not change any
^
monetary ceiling, contract obligation, or specific cost allowance or I
disallowance provided for in this contract. The understanding is h
incorporated into this contract upon execution.
(4) Failure by the parties to agree on a final annual indirect cost
- i j
rate shall be a dispute within the meaning of the Disputes clause.
l l
l
. (e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established.
These billing rates--
(1) Shall be the anticipated final rates; and (2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment.
(f) Quick-closeout procedures. When the Contractor and Contracting Officer agree, the quick-closecut procedures of Subpart 42.7 of the FAR may be used.
(g) Audit. At any time or times before final payment, the Contracting' Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be (1) reduced by amounts found by the Contracting Officer not to constitute allowable costs or (2) i adjusted for prior overpayments or underpayments.
(h) Final
)ayment.
(1) The Contractor shall submit a completion invoice or voucler, designated as such, promptly upon completion of the work, but no later than one year (or longer, as the Contracting Officer may approve in writing) from the completion date. Upon approval of that invoice or voucher, and upon the Contractor's compliance with all tenns of this contract, the Government shall promptly pay any balance of i
allowable costs and that part of the fee (if any) not previously paid.
(2) The Contractor shall pay to the Government any refunds, rebates, I
credits, or other amounts (including interest, if any) accruing to or
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received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs,for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer.
Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver--
(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and (ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except--
1 (A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known; (B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the I
. Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and (C) Claims for reimbursenent of costs, including reasonable incidental expenses, incurred by the Contracter under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability.
(End of clause)
(R 7-203.4(a) 1978 SEP)
(R 7-203.4(b) 1979 MAR)
(R 7-203.4(c)(4)(iv))
(R 7-402.3(a) cnd (c)(5)(iii)
(R 7-605.5)
(R 7-1909.4)
(R 1-7.202-4)
(R 1-7.203-9)
(R 1-3.704-1 and -2)
(R 1-7.402-3(a) and (b)(1) and (3))
(R 1-7.403-9) 52.216-8 FIXED FEE.
(APR1984)
/
(a) The Government shall pay the Contractor for performing this contract the fixed fee specified in the Schedule.
(b) Payment of the fixed fee shall be made as specified in the t
Schedule; provided, that after paynent of 85 percent of the fixed fee, the Contracting OTficer may withhold further payment of fee until a reserve is set aside in an amount that the Contracting Officer considers i
necessary to protect the Government's interest. This reserve shall not exceed 15 percent of the total fixed fee or $100,000, whichever is less.
(Endofclause)
(R 7-203.4(a) 1978 SEP)
(
(R 7-203.4(c)(9))
(R 7-402.3(a) and (c)(7))
J t
(R7-1909.4) i (R 1-7.202-4)
(R 1-7.402-3(a) and (b)(5))
7 I
l 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT--PRICE j
ADJUSTMENT (MULTIYEAR AND OPTION CONTRACTS).
(APR 1984) l l
(a) The Contractor warrants that the prices in this contract do not i
j include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.
4 (b) The minimum prevailing wage determination, including fringe benefits, issued under the Service Contract Act of 1965 (41 U.S.C.
j 351-358), by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, current at the beginning of each renewal option period, shall apply to any renewal of i
9 this contract. When no such determination has been made applicable to this contract, then the current Federal minimum wage as established by section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) shall apply to any renewal of this contract.
(c) The contract price or contract unit price labor rates will be adjusted to reflect increases or decreases by the Contractor in wages or fringe benefits of employees working on this contract to comply with--
(1) The Department of Labor detemination of minimum prevailing wages and fringe benefits applicable at the beginning of the renewal option period; (2) An increased or decreased wage determination otherwise applied to the contract by operation of law; or (3) An amendment to the Fair Labor Standards Act of 1938 that is enacted subsequent to award of this contract, affects the minimum wage, and becomes applicable to this contract under law.
(d) Any such adjustment will be limited to increases or decreases in wages or fringe benefits as described in paragraph (c) above, and to the concomitant increases or decreases in social security and unemployment taxes and workers's compensation insurance; it shall not otherwise include any amount for general and administrative costs, overhead, or profits.
(e) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after the effective date of the wage change, unless this period is extended by the Contracting Officer in writing. The Contractor shall promptly notify the f
Contracting Officer of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and any relevant supporting data that the Contracting Officer may reasonably require. Upon agreement of the parties, the contract price or contract unit price labor rates shall be modified in writing. The Contractor shall continue perfomance pending agreement on or determination of any such adjustment and its effective date.
(f) The Contracting Officer or an authorized representative shall, t
until the expiration of 3 years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor.
i (End of clause)
(R 7-1905(b) 1975 MAY) 52.223-2 CLEAN AIR AND WATER.
(APR 1984)
(a) " Air Act," as used in this clause, means the Clean Air Act (42 U.S.C. 7401 et seq.).
i
" Clean air standards," as used in this clause, means--
1 (1) Any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, work practices, or other i
requirements contained in, issued under, or otherwise adopted under the l
Air Act or Executive Order 11738; i
i i
]
1 r '
(2) An applic.dle implementation plan as described in section 110(d) of the Air Act (42 U.S.C. 7410(d));
(3) An approved implementation procedure or plan under section 111(c) or section 111(d) of the Air Act (42 U.S.C. 7411(c) or (d)); or (4) An approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 7412(d)).
" Clean water standards," as used in this clause, means any enforceable limitation, control, condition, prohibition, standard, or other requirement promulgated under the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C.1342), or by local government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (33 U.S.C. 1317).
" Compliance," as used in this clause, means compliance with--
(1) Clean air or water standards; or (2) A schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency, or an air or water pollution control agency under the requirements of the Air Act or Water Act and related regulations.
" Facility," as used in this clause, means any building, plant, installation, structure, mine, vessel or other floating craft, location, or site of operations, owned, leased, or supervised by a Contractor or subcontractor, used in the performance of a contract or subcontract.
j When a location or site of operations includes more than one building, plant, installation, or structure, the entire location or site shall be deemed a facility except when the Administrator, or a designee, of the Environmental Protection Agency, detennines that independent facilities are collocated in one geographical area.
" Water Act," as used in this claue, means Clean Water Act (33 U.S.C.1251 et seq.).
(b) The Contractor agrees--
(1) To comply with all the requirements of section 114 of the Clean Air Act (42 U.S.C. 7414) and section 308 of the Clean Water Act (33 U.S.C.1318) relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, and all regulations and guidelines issued to implement those acts before the award of this contract; (2) That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of the facility from the listing; (3) To use best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed; and (4) To insert the substance of this clause into any nonexempt subcontract, inc1uding this subparagraph (b)(4).
j t
. 52.224-1 PRIVACY ACT NOTIFICATION.
(APR 1984)
The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31,1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties, i
(Endofclause)
(R 7-2003.72 1975 NOV)
(R 1-1.327-5(b))
52.224-2 PRIVACY ACT.
(APR 1984)
(a) The Contractor agrees to--
(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies--
(i) The systems of records; and (ii) The design, development, or operation work that the contractor I
is to perform; j
(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statenent in the proposed subcontract requires the design, development, or operation of a systen of
)
records on individuals that is subject to the Act; and f
(3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.
(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals i
to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns 1
the operation of a system of records on individuals to accomplish an agency function.
For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor and any employee of the Contractor is considered to be an employee of the agency.
(c)
(1) " Operation of a systen of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.
(2) " Record," as used in this clause, means any item, collection, or grouping of infonnation about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying
t particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.
(3) "Systen of records on individuals," as used in this clause means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
(End of clause)
(AV1-1.327-5(c))
52.228-7 INSURANCE LIABILITY TO THIRD PERSONS.
(APR 1984)--
Alternate II.
(APR 1984)
(a) The Government does not assume any liability to third persons, nor will the Government reimburse the Contractor for its liability to third persons, with respect to loss due to death, bodily injury, or damage to property resulting in any way from the perfonnance of this contract or any subcontract under this contract.
(b) If any suit or action is filed, or if any claim is made against the Contractor, the cost and expense of which may be reimbursable to the Contractor under this contract, the Contractor shall imediately notify the Contracting Officer and promptly furnish copies of all pertinent papers received by the Contractor. The Contractor shall, if required by the Government, authorize Government representatives to settle or defend the claim and to represent the Contractor in or take charge of any 1
litigation. The Contractor may, at its own expense, be associated with i
the Government representatives in any such claim or litigation.
(End of clause)
(R 7-203.22 1966 DEC)
(R 1-7.204-5)
(R 7-402.26(b) 1960 OCT)
(R1-7.404-9(b))
52.229-4 FEDERAL, STATE,'AND LOCAL TAXES (NONCOMPETITIVE CONTRACT).
(APR 1984) 4 (a) " Contract date," as used in this clause, means the effective date of this contract and, for any modification to this contract, the effective date of the modification.
i "All applicable Federal, State, and local taxes and duties," as used in this clause, means all taxes and duties, in effect on the contract date, i
that the taxing authority is imposing and collecting on the transactions or property covered by this contract.
"After-imposed tax," as used in this clause, means any new or increased Federal, State, or local tax or duty, or tax that was excluded on the contract date but whose exclusion was later revoked or amount of exemption reduced during the contract period, other than an excepted tax, I
. on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date.
"After-relieved tax," as used in this clause, means any amount of Federal, State, or local tax or duty, other than an excepted tax, that would othemise have been payable on the transactions or property covered by this contract, but which the Contractor is not' required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date.
" Excepted tax," as used in this clause, means social security or other employment taxes, net income and franchise taxes, excess profits taxes, capital stock taxes, transportation taxes, unemployment compensation taxes, and property taxes. " Excepted tax" does not include gross income taxes levied on or measured by sales or receipts from sales, property taxes assessed on completed supplies covered by this contract, or any tax assessed on the Contractor's possession of, interest in, or use of property, title to which is in the Government.
(b) Unless otherwise provided in this contract, the contract price includes all applicable Federal, State, and local taxes and duties.
(c) The contract price shall be increased by the amount of any after-imposed tax, or of any tax or duty specifically excluded from the contract price by a term or condition of this contract that the Contractor is required to pay or bear, including any interest or penalty, if the Contractor states in writing that the contract price does not include any contingency for such tax and if liability for such tax, interest, or penalty was not incurred through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Office..
(d) The contract price shall be decreased by the amount of any after-relieved tax. The Government shall be entitled to interest received by the Contractor incident to a refund of taxes to the extent that such interest was earned after the Contractor was paid by the Government for such taxes. The Government shall be entitled to repayment of any penalty refunded to the Contractor to the extent that the penalty was paid by the Government.
(e) The contract price shall be decreased by the amount of any Federal, State, or local tax, other than an excepted tcx, that was included in the contract price and that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer.
(f) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $100.
(g) The Contractor shall promptly notify the Contracting Officer of all matters relating to Federal, State, and local taxes and duties that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs. The contract price shall be equitably adjusted to cover the costs of action taken by the Contractor at the direction of the Contracting Officer, including any interest, penalty, and reasonable attorneys' fees.
. (h) The Government shall furnish evidence appropriate to establish exemption from any Federal, State, or local tax when (1) the Contractor requests such exemption and states in writing that it applies to a tax excluded from the contract price and (2) a reasonable basis exists to sustain the exemption.
(End of clause)
(R 7-103.10(b) 1960 JUL)
(R 1-11.401-2(d))
52.232-1 PAYMENTS.
(APR1984)
The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if--
(a) The amount due on the deliveries warrants it; or (b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.
(End of clause)
(R 7-103.71958 JAN)
(R 1-7.102-7) 52.232-8 DISCOUNTS FOR PROMPT PAYMENT.
(JUL 1985)
(a) Discounts for prompt payment will not be considered in the evaluation of offers.
However, any offered discount will frrm a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a prompt payment discount in conjunction with the offer, cfferors awarded contracts may include prompt payment discounts on individual invoices.
(b) In connection with any discount offered for prompt payment, time shall be computed from (1) the date of completion of perfonnance of the services or delivery of the supplies to the carrier if acceptance is at point of origin, or date of delivery at destination or port of enbarkation if delivery and acceptance are at either of these points, or (2) the date a proper invoice or voucher is received in the office specified by the Government, if the latter is later than date of perfonnance or delivery.
For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the date on which a wire transfer was made.
(End of clause) 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS.
(APR 1984)
If more than one clause or Schedule term of this contract authorizes the temporary withholding of amounts otherwise payable to the Contractor for
a
. supplies delivered or services perfomed, the total of the amounts withheld at any one time shall not exceed the greatest amount that may be withheld under any or.a clause or Schedule tem at that time; provided, that this limitation shall not apply to--
(a) Withholdings pursuant to any clause relating to wages or hours of employees; (b) Withholdings not specifically provided for by this contract; (c) The recovery of overpaymentt; and (d) Any other withholding for which the Contracting Officer determines that this limitation is inappropriate.
(End of c16use)
(R 7-104.21 1958 SEP)
(R 7 403.12 1959 FEB) 52.232-11 EXTRAS. (APR 1984)
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.
(End of clause)
(V 7-103.3 1949 JUL)
(V 1-7.102-3) 52.232-20 LIMITATION OF COST.
(APR 1984)
(a) The parties estimate that perfomance of this contract, exclusive of any fee, will not cost the Governnent more than (1) the estimated cost specified in the Schedule or, (2) if this is a cost-sharing centract, the Government's share of the estimated cnst specified in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the estimated cost, which, if this is a cost-sharing contract, includes both the Governnent's and the Contractor's share of the cost.
l (b) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that--
(1) The costs the contractor expects to incur under this contract in I
the next 60 days, when added to all costs previously incurred, will exceed 75 percent of the estimated cost specified in the Schedule; or (2) The total cost for the performance of this contract, exclusive of any fee, will be either greater or substantially less than had been l
previously estimated.
(c) As part of the notification, the Contractor shall provide the l
Contracting Officer a revised estimate of the total cost of performing l
this contract.
(d) Except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause--
(1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of (i) the estimated cost specified in the l
l t
. Schedule or, (ii) if this is a cost-sharing contract, the estimated cost to the Government specified in the Schedule; and (2) The Contractor is not obligated to continue performance under this contract (including actions under the Termination clause of this contract) or otherwise in ur costs in excess of the estimated cost specified in the Schedule, until the Contracting Officer (i) notifies the Contractor in writing that the estimated cost' has been increased and (ii) provides a revised estimated total cost of performing this contract.
If this is a cost-sharing contract, the increase shall be allocated in accordance with the formula specified in the Schedule.
(e) No notice, communication, or representation in any form other than that specified in subparagraph (d)(2) above, or from any person other than the Contracting Officer, shall affect this contract's estimated cost to the Government.
In the absence of the specified notice, t' Government is not obligated to reimburse the Contractor for any costs.n excess of the estimated cost or, if this is a cost-sharing contract, for any costs in excess of the estimated cost to the Government specified in the Schedule, whether those excess costs were incurred 1
during the course of the contract or as a result of termination.
(f) If the estimated cost specified in the Schedule is increased, h
any costs the Contractor incurs before the increase that are in excess of the previously estimated cost shall be allowable to the same extent as if incurred afterward, unless the Contractino Officer issues a termination or other notice directing that the increase is solely to cover termination or other specified expenses.
(g) Change orders shall not be considered an authorization to exceed the estimated cost to the Governnent specified in the Schedule, unless r
they contain a statement increasing the estimated cost.
(h) If this contract is terminated or the estimated cost is not increased, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by)each.
(Endofclause (R 7-203.3(a) 1966 OCT)
(R 7-402.2(a) 1966 0CT)
(R 7-402.2(b) 1973 MAY)
(R 1-7.202-3(a))
(R 1-7.402-2(a) & (b))
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION.
(APR1984)
The Contractor shall use reasonable care to avoid damaging existing i;
buildings, equipment, and vegetation on the Government installation.
If the Contractor's failure to use reasonable care causes damaae to any of i<
this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs.
If the Contractor fails or refuses to make such repair or replacement, the 4
9 t
, Contractor shall be liable for the cost, which may be deducted from the contract price.
(End of clause)
(R 7-104.63 1968 FEB) 52.243-1 CHANGES--FIXED-PRICE.
(APR 1984)--Alternate I.
(APR 1984)
(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:
(1) Description of services to be performed.
(2) Time of performance (i.e., hours of the day, days of the week, etc.).
(3) Place of per'omance of the services.
(b) If any such change causes an increase or decrease in the cost of, or the tine required for, performance of any part of the work under this contract, whether or not changed by~ the order, the Contracting d
Officer shall make an equitable adjustment in the contract price, the l
delivery schedule, or both, and shall modify the contract.
(c) The Contractor must submit any " proposal for adjustment" J
(hereafter referred to as proposal) under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.
(d) If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.
(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause.
However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.
(End of clause)
(R 7-103.21958 JAN)
(R 1-7.102-1) i (R 7-1902.2 1971 NOV) 52.243-2 CHANGES--COST-REIMBl.'RSEMENT.
(APR 1984)--Alternate I.
(APR 1984)
(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:
l (1) Description of services to be perfonned.
I
I j
, (2) Time of performance (i.e., hours of the day, days of the week, etc.).
(3) Place of performance of the services.
(b) If any such change causes an increase or decrease in the i
estimated cost of, or the time required for, performance of any part of j
the work under this contract, whether or not changed by the order, er e
otherwise affects any other terms and conditions of this contract, the Contracting Officer shall make an equitable adjustment in the (1) estimated cost, delivery or completion schedule, or both; (2) amount of any fixed fee; and (3) other affected terms and shall modify the contract accordingly.
(c) The Contractor must submit any " proposal for adjustment" (hereafter referred to as proposal) under this clause within 30 days from the date of receipt of the written order. However, if the Contractina Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.
(d) Failure to agree to any adjustment shall~be a dispute under the l
Disputes clause.
However, nothing in this clause shall excuse the f
Contractor from proceeding with the contract as changed.
(e) Notwithstanding the tems and conditions of paragraphs (a) and (b) above, the estimated cost of this contract and, if this contract is incrementally funded, the funds allotted for the performance of this
]
contract, shall not be increased or considered to be increased except by specific written modification of the contract indicating the new contract i
estimated cost and, if this contract is incrementally funded, the new l
amount allotted to the contract.
i Until this modification is made, the Contractor shall not be obligated to l
continue performance or incur costs beyond the point established in the j
Limitation of Cost or Limitation of Funds clause of this contract.
i (End of clause) l (R 7-203.2 1967 APR) r (R 1-7.202-2)
(R 7-1909.2 1971 NOV) 52.244-2 SUBCONTRACTS UNDER COST-REIMBURSEMENT AND LETTER CONTRACTS i
I (APR 1984) l l
(a) " Subcontract," as used in this clause, includes but is not i
limited to purchase orders, and changes and modifications to purchase i
orders. The Contractor shall notify the Contracting Officer reasonably in advance of entering into any subcontract if--
l (1) The proposed subcontract is of the cost-reimbursement, time-and-i materials, or labor-hour type; (2) The proposed subcontract is fixed-price and exceeds either $25,000 or 5 percent of the total estimated cost of this contract; (3) The proposed subcontract has experimental, developmental, or research work as one of its purposes; or
, (4) This contract is not a facilities contract and the proposed subcontract provides for the fabrication, purchase, rental, installation, or other acquisition of special test equipment valued in excess of
$10,000 or of any items of industrial facilities.
(b) (1) In the case of a proposed subcontract that (i) is of the cost-reimbursement, time-and-materials, or labor-hour type and is estimated to exceed $10,000, including any fee, (ii) is proposed to exceed $100,000, or (iii) is one of a number of subcontracts with a single subcontractor, under this contract, for the same or related supplies or services that, in the aggregate, are expected to exceed
$100,000, the advance notification required by paragraph (a) above shall include the information specified in subparagraph (2) below.
(2) (1) A description of the supplies or services to be subcontracted.
(ii) Identification of the type of subcontract to be used.
(iii) Identification of the proposed subcontractor and an explanation of why and how the proposed subcontractor was selected, including the competition obtained.
(iv) The proposed subcontract price and the Contractor's cost or price analysis.
(v) The subcontractor's current, complete, and accurate cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions.
(vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required oy other provisions of this contract.
(vii) A negotiation memorandum reflecting--
(A) The principal elements of the subcontract price negotiations; (B) The most significant considerations controlling establishment of initial or revised prices; (C) The reason cost or pricing data were or were not required; (D) The extent, if any, to which the Contractor did not rely on the subcontractor's cost or pricing data ir deterinining the price objective and in negotiating the final price; (E) The extent to which it was recognized in the negotiation that the subcontractor's cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated; (F) The reasons for any significant difference between the Contractor's price objective and the price negotiated; and (G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a sumary of all trade-off possibilities considered.
(c) The Contractor shall obtain the Contracting Officer's written consent before placing any subcontract for which advance notification is
I
~
y I
- i i
i required under paragraph (a) above.
However, the Contracting Officer may ratify in writing any such subcontract.
Ratification shall constitute the consent of the Contracting Officer.
(d) If the Contractor has an approved purchasing system and the subcontract is within the scope of such approval, the Contractor mav enter into the subcontracts described in subparagraphs (a)(1) and (a)(2) above without the consent of the Contracting Officer, unless this contract is for the acquisition of major systems, subsystems, or their components.
(e) Even if the Contractor's purchasing system has been approved, the Contractor shall obtain the Contracting Officer's written consent before placing subcontracts that have been selected for special surveillance and identified in the Schedule of this contract.
(f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a deterimination (1) of the acceptability of any subcontract terms or conditions, (2) of the allowability of any cost under this contract, or (3) to relieve the Contractor of any responsibility for performing this t
contract.
(g) No subcontract placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in subsection 16.301-4 of the Federal Acquisition Regulation (FAR).
(h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government.
(i) (1) The Contractor shall insert in each price redetermination or incentive price revision subcontract under this contract the substance of the paragraph " Quarterly limitation on payments statement" of the clause at 52.216-5, Price Redetermination--Prospective, 52.216-6, Price Redetermination-- Retroactive, 52.216-16, Incentive Price Revision--Firm Target, or 52.216-17 Incentive Price Revision-- Successive Targets, as appropriate, modified in accordance with the paragraph entitled
" Subcontracts" of that clause.
(2) Additionally, the Contractor shall include in each cost-reimbursement subcontract under this centract a requirement that the subcontractor insert the substance of the appropriate modified subparagraph referred to in subparagraph (1) above in each lower tier l
price redetermination or incentive price revision subcontract under that subcontract.
(j) To facilitate small business participation in subcontracting, the Contractor agrees to provide progress payments on subcontracts under this contract that are fixed-price subcontracts with small business concerns in conformity with the standards for customary progress payments
l
,. stated in FAR 32.502-1 and 32.504(f), as in effect on the date of this contract.
The Contractor further agrees that the need for such progress payments will not be considered a handicap or adverse factor in the award of subcontracts.
(k) The Government reserves the right to review the Contractor's purchasing system as set forth in FAR Subpart 44.3.
(End of clause)
(R 7-203.8(a) and (b) 1982 DEC)
(R 7-402.8(a) and (b 1982 DEC)
(R 7-605.23 (R 7-702.33)
(R 7-703.25)
(R 7-1703.5)
(R 7-1909.7)
(R 1-7.202-8)
(R 1-7.402-8(a) and (c))
(R 7-702.33 1977 APR)
(R 7-703.251977 APR) 52.245-4 GOVERNMENT-FURNISHED PROPERTY (SHORT FORM).
(APR 1984)
(a) The Government shall deliver to the Contractor, at the time and locations stated in this contract, the Government-furnished property described in the Schedule or specifications.
If that property, suitable for its intended use, is not delivered to the Contractor, the Contracting Officer shall equitably adjust affected provisions of this contract in accordance with the Changes clause when--
(1) The Contractor submits a timely written request for an equitable adjustment; and (2) The facts warrant an equitable adjustment.
(b) Title to Government-furnished property shall remain in the Government. The Contractor shall use the Government-furnished property only in connection with this contract. The Contractor shall maintain adequate property control records in accordance with sound industrial practice and will make such records available for Government inspection l=
at all reasonable times, unless the clause at Federal Acquisition Regulation 52.245-1, Property Records, is included in this contract.
(c) Upon delivery of Government-furnished property to the Contractor, the Contractor assumes the risk and responsibility for its loss or damage, except--
(1 For reasonable wear and tear; l
(2 To the extent property is consumed in performing this contract; or (3) As otherwise provided for by the provisions of this contract.
(d) Upon completing this contract, the Contractor shall follow the f
instructions of the Contracting Officer regarding the disposition of all Government-furnished property not consumed in performing this contract or previously delivered to the Government.
The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of the Government property, as may be directed or authorized by the Contracting Officer. The net proceeds of any
~
. such disposal shall be credited to the contract price or shall be paid to the Government as directed by the Contracting Officer.
(e) If this contract is to be performed outside the United States of America, its territories, or possessions, the words " Government" and
" Government-furnished" (wherever they appear in this clause) shall be construed as " United States Government" and " United States Government-furnished," respectively.
(End of clause)
(R 7-104.24(f) 1964 NOV) 52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT FORM).
(APR 1984)
The Contracting Officer, by written notice, may teminate this contract, in whole or in part, when it is in the Government's interest.
If this contract is teminated, the Government shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of temination.
(End of clause)
(R 7-1902.16 1968 FEB)
(R I-8.705-1) 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE).
(APR 1984)
(a) (1) The Government may, subject to paragraphs (c) and (d) below, by written notice of default to the Contractor, teminate this contract in whole or in part if the Contractor fails to--
(1) Deliver the supplies or to perform the services within the time specified in this contract or any extension; (ii) Make progress, so as to endan contract (but see subparagraph (a)(2) below)ger performance of this
- or (iii) Perform any of the other provisions of this contract (but i
see subparagraph (a)(2) below).
(2) The Government's ri subdivisions (1)(ii) and (1)ght to terminate this contract under (iii) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure.
(b) If the Government terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer i
considers appropriate, supplies or services similar to those teminated, and the Contractor will be liable to the Government for any excess costs for those supplies or services. However, the Contractor shall continue i
the work not terminated.
(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perfom the contract arises from causes beyond the control and without i
the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the
J
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.s e-Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions (7) strikes, (8) freight embargoes, and (9) unusually severe weather.
In each instance the failure to perfom must be beyond the control and without the fault or negligence of the Contractor.
(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule.
(e) If this contract is teminated for default, the Government may require the Contractor to transfer title and deliver to the Government, as directed by the Contracting Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as " manufacturing materials" in this clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract.
Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in r
which the Government has an interest.
(f) The Government shall pay contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property.
Failure to agree will be a dispute under the Disputes clause. The Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders.
(g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government.
(h) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.
(End of clause)
(R 1-8.707)
(R 7-103.11 1959 AUG) 4.
All other terms and conditions, including the monetary value, remain the i
same.
i