(c) The contractor shall be required to furnish а certified statement (within three months after the expiration of the pertinent contract period set forth in 917.7113, Appendix A and at the termination of or expiration of the contract), signed by an authorized official, showing the total cost, Government cost, and contractor's contribution, if any, for the prior contract period. The format for this report is found in 917.7113, Appendix C.

(d)(1) It is expected that in many cases the contractor will propose to contribute to the cost of the research work. Such contribution shall be set forth in Appendix A of the contract, either as items under (b) or (c) of Article A-II which will be contributed solely by the contractor without charge to DOE, or as a proportionate cost-sharing agreement in Article AIII which will provide that the contractor will charge DOE only a specified percentage of the actual cost incurred from items under (a) of Article A-II.

(2) Proposed contractor contributions should ordinarily be listed under (b)(1) of Article A-II when:

(i) The contribution is that of the principal investigator or other senior personnel who are likely to be involved in the research work to the same extent whether their cost is included in or excluded from proportionate cost sharing;

(ii) The proposed contribution to the work is being paid for by a third party; e.g., personnel or equipment, the cost of which is being reimbursed under another contract or grant from public or private sources; and

(iii) The proposed contribution does not involve any cash expenditure by the contractor.

(3) Only those items, the cost of which is to be charged to DOE or proportionately shared by the parties, should be listed under Article A-II(a). Proportionate sharing of the cost of items under Article A-II(a) should be provided for only when the contractor agrees to pay a specified percentage of the cost of all such items, and when such sharing is expected to be of financial benefit to DOE.

(4) In those cases in which there is to be proportionate cost-sharing, the

contractor should generally be encouraged to continue the same sharing ratio througout the life of the contract so as to provide for ease of administration and to avoid difficulties in determining proper charges to DOE. It should be understood that the DOE will pay only the specified percentage of the actual cost of items under Article A-II(a) incurred during the pertinent period specified in Appendix A, up to a maximum of 110 percent of the estimated Government cost set forth in Article A-III for the pertinent period unless otherwise specifically approved by DOE and subject to the Government ceiling set forth in Article III.

(e)(1) If the contractor proposes to contribute the cost of the principal investigator(s) on the project and requests that the contribution be excluded from A-II(b), the contributed time or effort should be shown in AII(d). The contractor shall not be required to maintain records regarding the amount of effort contributed by the principal investigator, and the contractor shall not be required to certify, in accordance with Appendix C of the contract, the amount of effort contributed by the principal investigator.

(2) The principal investigator may be included in Article A-II(a) for purposes of obtaining reimbursement of costs during the summer months, and excluded from Article A-II(a) for academic year if the contractor proposes to contribute the costs for that period. The contract generally will not require the contractor's commitment that any particular amount of time or effort by the principal investigator(s) or other personnel will be devoted to the work.

(3) In the event a proposed contractor contribution is included in Article A-II(b)(1), the contract should reflect the nature and extent of the contractor's intent to contribute the item, and the contractor shall maintain records adequate to permit DOE to determine the extent of the contribution. The contractor must certify, in accordance with Appendix C of the contract, the extent to which the item or items under Article A-II(b)(1) have been contributed.

(4) Government-owned property to be procured, fabricated, or furnished

under Article IV or Article B-IX of the contract and other Governmentfurnished equipment, supplies, materials, or services should be excluded from Article A-II(a) and listed under Article A-II(b)(2).

(f) When the special research contract outlined at 917.7113 is used for nonprofit organizations other than educational institutions:

(1) Article B-XXIX, Determination of Support Cost, should be revised to provide that the nonprofit cost principles (Subpart 931.7) will be used in determining actual cost, or

(2) Revised at the direction of the cognizant Headquarters office to provide for a lump-sum payment to the contractor in consideration for its performance of particular research at a specified level of effort.

(g) The special research contract outlined in 917.7113 may also be used to fund research at educational institutions in foreign countries; when so used:

(1) The outline of 917.7113 may be revised at the discretion of the cognizant Headquarters or field office, to provide for a lump-sum payment to the foreign institution in consideration of its performance of particular research at a specified level of effort.

(2) Approval requirements shall be limited to those consistent with the nature of the support to the foreign institution.

(3) All such contracts with foreign institutions shall provide that any unused funds available to the foreign institutions at the end of the contract shall be used in a renewal period, returned to the DOE, or otherwise disposed of, in accordance with instructions from the contracting officer. 917.7108 Personal property.

917.7108-1 Transfer of title to equipment to nonprofit educational or research institutions.

(a) In accordance with Pub. L. 95224, DOE has discretionary authority, where it is deemed to be in furtherance of the objectives of DOE to vest in nonprofit institutions of higher education or nonprofit organizations whose primary purpose is the conduct of scientific research, without further

obligation to the Government or on such other terms and conditions as may be appropriate, title to equipment purchased or fabricated with contract funds.

(b) It is deemed to be in the furtherance of the objectives of DOE, pursuant to Pub. L. 95-224, to vest in those educational and nonprofit institutions title to equipment purchased or fabricated with contract funds for research. This will promote the progress of scientific research, reduce the amount of expense and unnecessary labor due to the necessity for maintaining records, transporting, or storing such property which is often unsuitable for any other use. Contracting officers (coordinating with program officials) shall impose such terms or conditions as they determine to be appropriate in individual cases.

(c) The vesting of title to equipment, fabricated or purchased for work to support a SRC shall be as follows:

(1) Contracts with nonprofit institutions of higher education or nonprofit organizations whose primary purpose is the conduct of scientific research, shall provide that title to equipment having an acquisition cost of less than $1,000 and purchased or fabricated with contract funds available for the conduct of basic and applied research rest in the contractor at acquisition, provided prior approval of the purchase is obtained from the contracting officer. This prior approval may be in the form of an approved budget which calls out the equipment to be acquired, either on a line-item basis or for clearly defined classes of items, or by other means, as long as the contracting officer can determine that the proposed acquisition is essential to the performance of the contract. Title to such equipment shall vest in the contractor upon acquisition or as soon thereafter as feasible.

(2) Contracts with those institutions cited in (1) of this section shall provide that title to equipment having an acquisition cost of $1,000 or more, and purchased with contract funds available for the conduct of basic and applied research, shall vest in the institution upon acquisition or as soon thereafter as feasible without further obligation to the Government, unless

it is determined not to be in furtherance of the objectives of DOE and is provided for in the contract. The contract may reserve the right of the Government to transfer title of equipment costing $1,000 or more per unit to the Government or to a third party named by the Government, at any time prior to final payment under the contract.

(d) When title to equipment is vested in the institution as provided in this subsection, the institution shall not be reimbursed for any depreciation, amortization, or use charges with respect to such equipment under any Government contract, cooperative agreement, grant or any subcontract under a Government contract.

(e) The determination to vest title in the institution under this subsection will be provided by the cognizant program office on the procurement request, or other appropriate document.

(f) In addition to the authority referred to in paragraph (a) of this subsection, the Atomic Energy Act of 1954, as amended, authorized DOE to vest title to items of equipment and other personal property in a contractor when the transfer serves a nuclear programmatic purpose. When applicable programmatic determination to transfer title to the institution will be provided by the cognizant program office and made a part of the official contract file.

917.7108-2 Acquisition of excess Govern

ment personal property.

(a) The utilization of certain items of excess Government personal property by educational institutions is encouraged in the interest of conserving funds otherwise designated for similar items of property in existing research contracts or agreements with such institutions. Excess Government personal property includes all types of equipment and materials, used or new, which are owned by the Federal Government and are no longer needed by the holding Federal agency, but have additional useful life.

(b) Consistent with GSA regulations, excess personal property may be furnished to a contractor (with or without transfer of title) upon authorization by DOE, provided a determina

tion is made that acquisition will result in a reduction in the cost to the Government of the contract. This procedure will not normally be used for the acquisition of general purpose equipment (e.g., desks, typewriters, air conditioners).

(c) Contractors shall be advised they may obtain information concerning the availability of certain kinds of equipment or materials by requesting the contracting officer to include them on the GSA mailing list for excess property catalogs. When an item of equipment or material is selected, the contractor should reserve it by notifying the cognizant GSA office and confirming the reservation in writing. Availability is usually on a firstcome, first-serve basis, but GSA will give preference in a competing situation to those agencies which do not vest title to property in the contractor. The contractor should then submit a Standard Form 122, Transfer Order Excess Personal Property, to the cognizant DOE office, accompanied by a written justification of need, including the estimated cost of acquisition (e.g., packing, shipping, installation, rehabilitation, etc.), signed by the principal investigator and an authorized administration official. The written justification shall contain a statement as to whether or not the contractor desires title to the property under the authority of the Atomic Energy Act and 917.7108-1(g). If the acquisition is approved, the DOE office shall forward the SF-122 to the appropriate GSA office with a notation as to whether or not DOE intends to vest title to the property in the contractor. A copy of the approved SF-122 with the notation regarding the vesting of title shall be returned to the contractor. When the property is received, the contractor shall forward to the DOE office a receipted copy of the SF-122 which lists the items of property.

(d) In those instances where the contractor's acquisition of title has been approved by DOE, title to the property shall pass to the contractor when the receipted SF-122 is received by the DOE office, pursuant to Article BIX(b), Property Items, of 917.7113. Contract funds may be used to pay for necessary costs of packing, transporta

tion, installation, rehabilitation, and maintenance, if required.

(e) In those instances where the contractor did not desire title or where the cognizant DOE office has determined that title to the excess property should remain in the Government, the property will be handled as Government property in accordance with Article B-IX of 917.7113.

917.7108-3 Management of Governmentowned equipment.

When title to equipment is retained by the Government, the institution shall be required to establish and maintain a program for the utilization, maintenance, repair, protection, preservation, and reporting of Government property in accordance with sound business practice and the provisions of FAR Subpart 45.5 and 945.5 of this chapter.

917.7108-4 Reports.

Excess property acquired from other Government agencies or from GSA and provided to institutions under the authority of 917.7108-2, above, will be included in the report required by FPMR 41 CFR 101-43.4701(c).

917.7109 Reporting requirements.

917.7109-1 Purpose of reports.

Research reports from contractors are necessary to show the progress achieved under projects receiving DOE funding. In many instances, the research reports are of value in making information available to scientists working on closely allied problems. 917.7109-2 Notice of Energy R&D Project. Immediately after a special research contract is negotiated, a Notice of Energy R&D Project, DOE Form 538, which summarizes the purpose and scope of the project should be prepared by the contractor and sent to the contracting officer, the program manager, and the technical information officer. Annual updates are required.

917.7109-3 Progress reports.

Progress reports are required which should briefly describe the scope of investigations undertaken and the sig

nificant results obtained. They should also explain any significant differences between the actual level of activity (expressed in the various categories of labor-months, facilities acquired, travel performed, etc.) and that contemplated in the contract.

917.7109-4 Technical reports.

Technical reports, reprints, and articles prepared for publication during the period covered by the contract shall be required to be listed with bibliographic references. Reprints of all such material not previously submitted to the DOE shall be required to be appended and material contained in them need not be duplicated in the report.

917.7109-5 Special reports.

Special reports or additional progress, status, or topical reports shall be requested as required by program officials or submitted as deemed necessary by the contractor. For example, brief status reports shall be requested when developments are of immediate interest or when a significant point in the investigation has been reached. The value relative to the costs incurred in providing special reports must be considered when requesting any additional reports.

917.7109-6 Final report.

A final report summarizing the entire investigation shall be required from the contractor upon expiration of each contract. Satisfactory completion of a contract will be contingent upon the receipt of this report. The final report should follow the outline agreed upon for progress reports, or when a project has extended over a long period of time, the final report may refer to previously submitted technical reports for details and may be a synopsis of the entire project. Manuscripts prepared for publication should be appended.

917.7109-7 Summary and distribution of reports.

(a) A table summarizing the various types of reports, time for submission, number of copies and distribution is set forth below. The distribution and

which

(b) The DOE contracting officer shall inform the contractor types of documents are to be transmitted to TIC. For each document so identified, the contractor shall send an additional copy to the contracting officer for transmittal to TIC, accompanied by one copy of DOE Form 427. (c) The research effort shall be prefaced by an informative abstract of no more than 200 words.

(d) A listing of technical reports, articles, and reprints and the appendage of reports not previously submitted are required.

917.7110 Dissemination of results.

917.7110-1 Prompt dissemination.

Prompt dissemination of research results to the scientific community is encouraged. Publication in open literature is recognized as the normal and most desirable means for reporting the findings of unclassified fundamental research. Although DOE reserves the right to utilize, and have others utilize, to the extent it deems appropriate, the reports resulting from research contracts, DOE will attempt, to

the maximum extent practicable and consistent with the Government's best interest, to permit the institutions and the authors to effect their own publication in established technical journals.

917.7110-2 Publication.

(a) Contractors should be urged to publish results through normal publication channels. As a further inducement, page charges or other printing assessments for publishing articles in recognized scientific journals, or any additional costs incurred in obtaining a limited supply of reprints of articles, shall be considered an appropriate budget item under contracts receiving DOE support where:

(1) The document reports work funded by the Government;

(2) The charges are levied impartially on all research papers published by the journal, whether by non-Government or by Government authors;

(3) Payment of such charges is in no sense a condition for acceptance of manuscripts by the journal;