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(b) In instances where the carrying out of the work involves a DOE license, the provisions of the pertinent license shall prevail over any inconsistent provisions of this contract.
Article B-VII-Rights in Technical Data
(Short Form) Insert the clause in 952.227-77.
Article B-VIII-Patent Rights-Small Business Firms or Nonprofit Organizations Insert the clause in 952.227-71.
Article B-IX-Property Items (a) Except as otherwise provided in this paragraph (a) and paragraph (b) of this Article B-IX, title to all material, supplies, and equipment purchased or otherwise acquired by the Contractor in the performance of its research activities shall be and remain in the Contractor. Said materials, supplies, and equipment shall be used for the benefit of research under this contract and any extensions or successor contractors hereto; and provided there is no interference with said research, shall be made available for use by investigators working on any Federal research contract at the same location. Subject to these priorities, materials, supplies, and equipment may be used as the Contractor wishes. Except as otherwise agreed in writing, title to any items of property listed as “Government property" shall pass directly to the Government; such property shall be subject to paragraphs (b), (c), (d), (e), and (f) of this Article B-IX.
(b) Subject to the mutual agreements of DOE and Contractor, the Government may furnish the Contractor items of equipment, materials, supplies or facilites for use by the Contractor in performance of the work. Title to these items shall remain in the Government unless otherwise agreed in writing. Such items of property and the items of property listed elsewhere in this contract as Government property, are hereinafter referred to as “Government property.” Title to Government property shall not be affected by the incorporation or attachment thereof to any property not owned by the Government or shall any such property, or any part thereof, be or become a fixture or lose its identity as property by reason of affixation to any realty.
(c) To the extent practicable, the Contractor shall cause all items of Government property to be suitably marked with an identifying mark or symbol indicating that the items are the property of the Government. The Contractor shall maintain, at all times and in a manner satisfactory to DOE, records showing the use and disposition of Government property. Such records shall be
subject to DOE inspection at all reasonable times and DOE shall at all reasonable time have access to the premises wherein any items of Government property are located. Unless otherwise authorized in writing by DOE, the Contractor shall use Government property only for the purposes of this contract, provided, however, that the Contractor is hereby authorized to use items of equipment constituting Government property for other Federal research contracts to the extent such use: (1) Does not interfere with its work under this contract; (2) is not prohibited by provisions of the other Federal agreements; and (3) is promptly reported by the Contractor to contracting officer.
(d) The Contractor shall promptly notify DOE of any loss or destruction of or damage to Government property. It is understood that the Contractor shall not be liable for any such loss, destruction, or damage, unless same results from willful misconduct or lack of good faith on the part of any corporate officer of the Contractor, or of one or more of the contract's representatives having supervision or direction of all or substantially all of the activities under this contract. If the Contractor is liable for such loss, destruction, or damage, it shall promptly account therefor to the satisfaction of DOE; if the Contractor is not liable therefor, and is indemnified, reimbursed, or otherwise compensation for such loss, destruction, or damage, it shall promptly account therefor to the satisfaction of DOE.
(e) With the written approval of DOE, the Contractor may sell, transfer, or otherwise dispose of items of Government property to such parties and upon such terms as so approved, or itself acquire title to items of Government property upon such terms as may mutually be agreed upon in writing by the Contractor and DOE. The proceeds of any such disposition, and any agreed price of any such Contractor acquisition, shall be paid by the Contractor to the Government, or credited on account of DOE, payments to be made under this contract as DOE may direct. Subject to the other provisions of this contract, the Contractor shall deliver Government property to DOE upon request (suitably packed and shipped at the Government's expense).
(f) The Contractor shall utilize for the benefit of the work under this contract such items of property available to the Contractor by reason of its activities under other Federal research agreements as are appropriate for utilization under this Contract pursuant to the provisions of the pertinent Federal agreement.
Article B-X-Termination for Convenience
of the Government Insert the requirements of FAR 49.
Article B-XI-Payments (a) DOE shall make payments to the Contractor with respect to the amount of consideration prescribed in Article III of this contract as follows:
(1) A maximum of an additional 45 percent of the new funds as set forth in Article A-III(b) of this contract following execution of this contract (and following the effectuation of each extended period) upon receipt of a request or requests in writing from the Contractor evidencing that the requested amount is currently needed in connection with planned expenditure or commitments for contract performance.
(2) A maximum of an additional 45 percent of the new funds as set forth in Article A-III(b) of this contract upon receipt of requests from the Contractor evidencing that the amount requested is then required in connection with the work under the contract.
NOTE.-Subparagraphs (1) and (2) of this paragraph (a) may be revised, as deemed appropriate by the contracting officer, in accordance with 917.71.
(3) If, following submission of an annual progress report, the contract is to be extended for an additional period of performance, and additional payment may be made at the time of execution of the extension which, when added to the payments already made under (1) and (2) above for the expiring period, will not exceed the new funds set forth in Article A-III(b) for the expiring period. A concluding payment for the pertinent period, if appropriate, may be made following submission of a certified statement showing Government cost and evidencing the Contractor's performance under this contract.
(4) If the contract is not to be extended, the final payment of the consideration provided for in Article III shall be made following submission by the Contractor of a final report required by Article B-XXI, in form and content satisfactory to DOE, and submission of a certified statement showing Government cost and evidencing the Contractor's performance and compliance with the patent provisions.
(b) The payments made pursuant to paragraph (a) above shall not prejudice or otherwise affect adversely any of the Government's rights under the contract. For purposes of settlement in the event of termination prusant to article B-X hereof, these payments shall not be construed as evidentiary, and any excess payment in the light of Article B-X shall be promptly returned to DOE.
(c) DOE, at its option, may invoke the following with respect to any amount of consideration remaining to be paid at any given time:
(1) DOE shall issue a letter of credit as provided for by Treasury Fiscal Require. ments Manual, Part 6 Chapter 2000 under which payments to the Contractor with respect to the amount of consideration provid. ed for in Article III will be made. The Contractor agrees that the first ninety (90) percent of the new funds as set forth in Article A-III(b) will be under the letter of credit and will be subject to the submission by the Contractor of a Payment Voucher on Letter of Credit (TUS 5401), in accordance with procedures based upon Treasury Fiscal Requirements Manual, Part 6 Chapter 2000 which are agreed to by the parties. Following submission by the Contractor of a final report provided for in Article B-XXI, in form and content satisfactory to DOE, and submission of a certified statement sh ring the total expenditures and evidencing the Contractor's performance, and upon submission by the Contractor to DOE of such invoices or vouchers as are satisfactory to DOE, DOE shall pay the Contractor the concluding payment of the consideration provided for in Article III: or said concluding payment will be included under the letter or credit and will be subject to submission by the Contractor of a payment voucher on letter of credit, in accordance with the procedures described above. If, fol. lowing submission of an annual report, the contract is extended for an additional period of performance, an additional payment may similarly be made at the time of execution of the extension which, when added to the payments already made for the expiring period, will not exceed the new funds as set forth in Article A-III(b) for the expiring period. A concluding payment for the pertinent period, if appropriate, may be made following submission of a certified statement showing Government cost for the peritent period and evidencing the Contractor's performance.
(2) DOE reserves the right to increase, decrease, or cancel the amount covered by the letter of credit, provided that such action is required because of a change in the amount of consideration provided for in Article III or is taken pursuant to paragraph (c)(1) of this article. The issuance and use of a lettter of credit and receipt of funds pursuant thereto shall not prejudice or otherwise adversely affect any of the Government's rights under the agreement.
Article B-XII-Equal Opportunity Insert the clause from FAR 52.222-26.
Article B-XIII-Convict Labor Insert the clause from FAR 52.222-3.
Article B-XIV-Contract Work Hours and
Safety Standards Act-Overtime Compensation-General
Insert the clause from FAR 52.222-4 with appropriate insertions.
Article B-XV-Dispute Insert the clause in FAR 52.223-1.
Article B-XVI-Officials Not To Benefit Insert the clause in FAR 52.203-1.
current term. Except as DOE may otherwise request, no further progress report will be required for any contract year unless there has been a significant change in scientific results or compliance between the lastest progress report by the contractor and its actual experience which shall be reported promptly.
(b) Final report. Upon termination or expiration of the total period of performance, the Contractor shall submit, promptly, a summary of its activities for the entire period, including a list of publications issued during the entire period and copies of any reprints not previously submitted, as well as a comprehensive evaluation of progress in the area of research funded by the contract.
(c) Renewal proposals. A renewal proposal, if any, shall be submitted along with the technical progress reports, and each of the two documents shall be separately bound. Renewal proposals are submitted to the DOE contracting officer.
Article B-XVII-Convenant Against
Contingent Fees Insert the clause in FAR 52.203-5.
Article B-XVIII-Examination of Records
Insert the clause from FAR 52.215-1. The Examination of Records clause in FAR 52.215.1 may be omitted from foreign contracts in accordance with procedures in FAR 25.9.
Article B-XX-Assignment: Subcontracting
Neither this contract nor any interest therein nor claim thereunder shall be assigned or transferred by the Contractor, except as expressly authorized in writing by the contracting officer. The Contractor shall not subcontract any research or development work under this contract, except as expressly authorized in writing by the contracting officer.
Article B-XXII—Foreign travel Foreign travel shall be subject to the prior approval of the contracting officer for each separate trip, regardless of whether funds for such travel are contained in an approved budget. Foreign travel is defined as any travel outside of Canada and the United States and its territories and possessions.
Article B-XXIV-Utilization of Labor
Surplus Areas Concerns Insert the clause in FAR 52.220-3 under the conditions prescribed therein.
Article B-XXV-Utilization of Small Busi
ness Concerns and Small Disadvantaged Business Concerns
Insert the clause in FAR 52.219-8.
Article B-XXVI–Utilization of Women
Owned Small Business
Insert the clause in FAR 52.219-13.
Article B-XXI-Reports and Renewal
Proposals The Contractor shall furnish six (6) copies of the following reports to the appropriate field office.
(a) Progress report. The progress report shall briefly describe the scope of investigations undertaken and the significant results obtained. It shall also indicate compliance with the contract requirements and any failures to comply. The report shall indicate the approximate percentage of time or effect which the principal investigator(s) has devoted to the project since the beginning of the current term of the contract and indicate the amount of effort which is expected to be devoted during the remainder of the current term. Technical reports, preprints, and articles prepared for publication shall be listed with bibliographical references. Reprints of all such material not previously submitted shall be appended and material contained therein need not be duplicated in the report. Progress reports shall be submitted approximately 4 months in advance of the expiration of the current contract term and shall give the Contractor's best estimate of the probable events and occurences in regard to the remainder of the
Article B-XXVII-Sensitive Foreign Nations
Insert the clause at 952.204-71 if the contract involves research in nuclear technology and it is appropriate. The contracting officer should confirm its inclusion with the local security office.
Article B-XXVIII-Affirmative Action for
Special Disabled and Viet Nam Era Veterans
Insert the clause in FAR 52.222-35.
Article B-XXIX-Determination of
Government Costs *(a) The term “Government cost" as used in this contract means DOE's share** of the sum of costs incurred by the Contractor for items included under Article A-11(a) of Appendix A furtherance of the work hereunder, incurred in accordance with the provisions of this contract, and which are reported to DOE in accordance with (b) below. The term “cumulative Government costs" as used in this contract means the total of the Government costs incurred during the initial contract period plus any extension periods.
(b) Within 3 months after the end of each contract period set forth in Appendix A, and within 3 months after the termination or expiration of the total period of performance, the Contractor shall furnish a certified statement, executed by an official of the Contractor showing the Contractor's cost and evidencing its performance under the contract, during the contract term just completed. The statement shall show all cost incurred during the pertinent contract term set forth in Appendix A for items under Article A-II(a) of Appendix A, including the Contractor's share, if any, of such costs, and show the extent of the Contractor's contribution of items under Article AII(b)(1) of Appendix A. Costs included in the certified statement may include the following: expenditures of cash, the cost of material and supplies transferred from store's inventory, and the amount due the Contractor for indirect costs in accordance with the rate and factor shown in Appendix A of the contract for the pertinent period. The costs for the pertinent period shall be consistent with the principles of OMB Circular A-21 as constituted as of the effective commencement date of said period. The certified statement shall be in the form set forth in Appendix C.
(c) The certified statement should be in agreement with the institution's financial record and shall reflect only expenditures actually made during the period covered, including transfers from inventory. It shall not include commitments as a part of such expenditures for goods or services on order but not received or those received but not paid for, unless the Contractor is operating under an established and consistently applied system of accrual accounting. If this is the case, the certified statement shall be so footnoted. A combination of accrual and cash accounting for cost accumulation and reporting purposes shall not be used. The renewal proposal budget should be footnoted to show the estimated amount of outstanding commitments for property at the end of the current period. The certified statement contains a space in which office should be inserted the actual amount of
outstanding commitments for property at the end of the period covered by the statement. This commitment amount is for information only and is not a part of the expenditure calculation. The Contractor understands that DOE expects to rely on this certified statement for determining the Government cost for the period. With respect to any period in which proportionate cost sharing is applicable, the support costs for the pertinent period will be determined by applying the percentage figure included in Article A-III for the pertinent period to the certified cost of items included under Article A-II(a) incurred during the pertinent period. All charges to DOE shall be subject to the approval requirements of this contract. The Contractor is expected to maintain auditable records as contemplated by Article B-II(C) to substantiate the costs incurred for items under Article A-II(a) and to show the extent of the Contractor's contribution of the items listed under Article A-II(b)(1).
*If the contract is with a nonprofit organization other than an educational institution or a research foundation established by an educational institution, this article should be revised to provide that the commercial cost principles (FAR 31.2) will be used in determining actual cost.
**In those cases in which there is no proportionate sharing of costs, DOE's “share” will be 100 percent. With respect to any period in which proportionate cost sharing is applicable to Article A-III, it is understood that Government cost for that specified period will equal the stipulated percent of the sum of costs incurred by the Contractor during the stated period for items under A-II(a) of Appendix A, not shown in Appendix A of the contract for the pertinent period. The costs for the pertinent period shall be consistent with the principles of OMB Circular A-21 and FAR 31.3 or FAR 31.7 as constituted on the effective commencement date of said period. The certified statement shall be in the form set forth in Appendix C.
Article B-XXX-Additional Approvals In addition to such approvals as are specifically required by other provisions of this contract, the Contractor shall obtain DOE's approval for:
(a) A change of the principal investigator, co-investigator, or other key people as might be named in this contract or continuation of the research work for any one period in excess of 3 months without direction by an approved principal investigator. The principal investigator may increase or decrease the amount of effort which he devotes to the project without obtaining DOE approval; however, a representative of the
Article B-XXXII-Clean Air and Water Insert the clause in FAR 52.223-2 under the conditions set forth therein.
Article B-XXXIII-Affirmative Action for
Handicapped workers Insert the clause set forth in FAR 52.22236 under the conditions set forth in the section.
Article B-XXXIV–Security Insert the clause in 952.204-1 under the conditions set forth therein.
Article B-XXXV-Classification Insert the clause in 952.204-70 under the conditions set forth therein.
Article B-XXXVI–Preference for U.S. Flag
Air Carriers Insert the clause in FAR 52.247-63 under the conditions set forth in FAR 47.4.
Article B-XXXVII–Preservation of Individ
ual Occupational Radiation Exposure Records
Insert the clause set forth in 952.223-75 where appropriate.
institution shall consult with the appropriate DOE Headquarters program representative if the principal investigator plans to, or becomes aware that he will devote substantially less effort to the work than anticipated in Article A-1. The purpose of such consultation will be to determine what effect, if any, the anticipated change will have on the research work and what modification to the contract, if any, may be appropriate.
(b) No change in the phenomenon or phenomena under study, i.e., broad category of the research under the contract, shall be made without the specific written approval of the contracting officer. Ordinarily, such changes, if approved by the contracting officer, will be accomplished through a new contract or mutually agreed to modification. The Contractor may change the specific objectives in the research work described in the contract, provided it gives the contracting officer prompt notification of such changes, and the Contractor may continue to follow the new objectives while DOE determines whether it wishes to continue the program under the changed approach. Significant changes in methods or procedures employed in performing the research should be reported in the first technical program report issued subsequent to the changes.
(c) Prior approval is required. Acquisition of an item of equipment not itemized in Appendix A, the cost of which is $1,000 or more. Approval is not required if the equipment is merely a different model of an item listed in Appendix A. (If plant and capital equipment funds are provided for the acquisition of equipment with title to be vested in the Government, the total cost of such equipment shall not exceed the amount provided for such equipment unless prior DOE approval has been obtained.)
(d) Prior approval is required. Purchase any general-purpose equipment, such as office furniture, air conditioning, automatic data processing equipment, etc., not specifically provided for in Appendix A.
(e) Incurring costs for items set forth in Article A-II(a), during the pertinent contract period stated in Appendix A, in excess of 110 percent of the total estimated cost specified in Article A-III. Charges to DOE for any such costs incurred with the approval of DOE shall also be subject to the limitations of Article A-III.
(f) Any proposed foreign travel (see Article B-XXII).
(g) Prior approval is required. Expenditures for domestic travel if such expenditures exceed the amount shown in Article A-II(a) for such travel by $500 or by 25 percent, whichever is greater.
(h) Acquisition of excess personal property.
APPENDIX C-STATEMENT OF COST
1. Name and address of Contractor. 2. Contract number.. 3. Beginning and ending date of pertinent contract period. 4. Costs incurred during the pertinent contract period (List
only those costs which are to be reimbursed by DOE or proportionately shared by the parties in accordance with Article A-ll(a) and Article A-III.) Cost categories*
Amount a. Salaries and wages... b. Equipment.. (List separately the cost of each piece the
equipment separately listed in Appendix A
approval was obtained from DOE.) c. Travel
tic. If none, state none.)
$ e. Total direct expenditures
$ f. Indirect charges....
$ (Indicate percent and expenditures to which
percent is applied.) 5. Total costs for items under Article A-ll(a) for pertinent period.
$ 6. Government costs for the pertinent period set
forth in Appendix A, as defined in Article BXXIX, chargeable to DOE for the pertinent period (percent of total costs using percent shown in Article A-ill of Appendix A) for perti
nent period of...... 7. Cumulative Government cost (Government cost
under this statement plus Government costs for previous periods.....