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Substitue the words "unless the ERDA authorizes their prior disposition" or the words "or such lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the Federal Procurement Reglations Part 1-20, as appropriate" in paragraphs (b) and (c).

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Modify FPR 1-7.103-28, paragraph (c) (v), to read as follows: Identification of the type of subcontract to be used, and a copy of the proposed subcontract if it either exceeds $100,000 or is otherwise required by the contracting officer.

$9-7.103-50 Classification.

The following clause shall be included in all contracts which involve classified information:

Classification

In the performance of the work under this contract, the contractor shall assign classifications to all documents, material, and equipment orginated or generated by the contractor in accordance with classification guidance furnished to the contractor by the ERDA. Every subcontract and purchase order issued hereunder involving the origination or generation of classified documents, material, or equipment, shall include a provision to the effect that in the performance of such subcontract or purchase order the subcontractor or supplier shall assign classifications to all such documents, material and equipment in accordance with classification guidance furnished to such subcontractor or supplier by the contractor.

$9-7.103-51 Government Property

Insert the applicable Government property clause set forth in FPR 1-7.303-7.

$9-7.103-52 Patent rights (long form).

Insert the clause set forth in $9-9.107-5(a) under the conditions contained in §9-9.107-4(a).

$9-7.103-53 Security.

The following clause is required in contracts entered into under

sections 31 (research assistance) or 41 (ownership and operation of production facilities) of the Atomic Energy Act, as amended, and in other contracts and subcontracts, the performance of which involved or is likely to involve restricted data, formerly restricted data, or other classified information.

Security

(a) Contractor's duty to safeguard restricted data, formerly restricted data, and other classified information. The contractor shall, in accordance with ERDA security regulations and requirements, be responsible for safeguarding restricted data, formerly restricted data, and other classified information and protecting against sabotage, espionage, loss and theft, the classified documents and material in the contractor's possession in connection with the performance of work under this contract. Except as otherwise expressly provided in this contract, the contractor shall, upon completion or termination of this contract, transmit to ERDA any classified matter in the possession of the contractor or any person under the contractor's control in connection with performance of this contract. If retention by the contractor of any classified matter is required after the completion or termination of the contract and such retention is approved by the contracting officer the contractor will complete a certificate of possession to be furnished to ERDA specifying the classified matter to be retained. The certification shall identify the items and types or categories of matter retained, the conditions governing the retention of the matter and the period of retention, if known. If the retention is approved by the contracting officer, the security provisions of the contract will continue to be applicable to the matter retained.

(b) Regulations. The contractor agrees to conform to all security regulations and requirements of ERDA.

(c) Definition of restricted data. The term "restricted data", as used in this clause, means all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the restricted data category pursuant to section 142 of the Atomic Energy Act of 1954.

(d) Definition of formerly restricted data. The term "formerly restricted data", as used in this clause, means all data removed from the restricted data category under section 142 d of the Atomic Energy Act of 1954, as amended.

(e) Security clearance of personnel. The contractor shall not

permit any individual to have access to restricted data, formerly restricted data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the ERDA's regulations or requirements applicable to the particular type or category of classified information to which access is required.

(f) Criminal liability. It is understood that disclosure of restricted data, formerly restriced data, or other classified information relating to the work or services ordered hereunder to any person not entitled to receive it, or failure to safeguard any restricted data, formerly restricted data, or any other classified matter that may come to the contractor or any person under the contractor's control in connection with work under this contract, may subject the contractor, its agents, employees, or subcontractors to criminal liability under the laws of the United States. (See the Atomic Energy Act of 1954, as amended, 42 USC 2100 et seq.: 18 USC 793 and 794; and Executive Order 11652.)

(g) Subcontracts and purchase orders. Except as otherwise authorized in writing by the contracting officer, the contractor shall insert provisions similar to the foregoing in all subcontracts and purchase orders under this contract.

$9-7.103-54 Organizational conflicts of interest

The following contract clause shall be included in all contracts or arrangements for technical consulting and management support services as defined in §9-1.5405(c) and may be included, after any appropriate modification, in any contract or arrangement for evaluation services as defined in §9-1.5405(b).

(a) Purpose.

The primary purpose of this clause is to aid in ensuring that the contractor (1) does not obtain any unfair competitive advantage over other parties by virtue of its performance of this contract, and (2) is not biased because of its current or planned interest (financial, contractual, organizational or otherwise) which relate to the work under this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliate organizations or their successors in interest (hereinafter collectively referred to as the "Contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity.

(1) Technical Consulting and
Management Support Services:

(i) If the Contractor performs technical consult

ing or management support services, as defined in paragraph (f) below, or similar work, under this contract, it shall be ineligible thereafter to participate in any capacity in Government contractual efforts (solicited or unsolicited) which stem directly from such work, and the Contractor agrees not to perform similar work for prospective offerors with respect to any such contractual efforts. Furthermore, unless so directed in writing by the Contracting Officer, the Contractor shall not perform any such work under this contract on any of its products or services or the products or services of another firm for which the Contractor performs similar work. Nothing in this subparagraph shall preclude the contractor from competing for follow-on contracts for technical consulting and management support services.

(ii) If the Contractor under this contract assists substantially in the preparation of a statement of work or specifications, the Contractor shall be ineligible to perform or participate in any capacity in any contractual effort which is based on such statement of work or specifications. The Contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restriction in this subparagraph shall not apply.

(iii) Nothing in this paragraph shall preclude the Contractor from offering or selling its standard commercial items to the Government.

(2) Access to and use of information:

(i) If the Contractor, in the performance of this contract, obtains access to information, such as ERDA's plans, policies, reports, studies, financial plans, or data, which has not been released to the public, the Contractor aggres not to (a) use such information for any private purpose unless the information has been released to the public (b) compete for work for ERDA based on such information for a period of six (6) months after the completion of this contract, or the release of such information to the public, Whichever is first, (c) submit an unsolicited proposal to the Government which is based on such information until one (1) year after the release of such information to the public, and (d) release such information without prior written approval by the Contracting Officer.

(ii) In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data or other confidential technical, business, or financial information

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information under this contract, it shall treat such information in accordance with any restrictions imposed on such information.

(iii) The Contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it first produces under this contract for its private purposes provided that, as of the date of such use, all requirements of this contract have been met.

(c) Subcontracts. The Contractor shall include this clause, including this paragraph, in subcontracts of any tier which involve performance of work of the type specified in (b)(1) above or access to information covered in (b)(2) above. The use of this clause in such subcontracts shall be read by substituting the word "subcontractor" for the word "Contractor" wherever the latter appears.

(d) Remedies. For breach of the above restrictions or for non-disclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract, the Government may, at no cost, terminate the contract, disqualify the Contractor for subsequent related contractual efforts, and pursue other remedies as may be permitted by law or this contract.

(e) Waiver. Any request for waiver under this clause shall be directed in writing to the Contracting Officer and shall include a full description of the requested waiver and the reasons in support thereof. If it is determined to be in the best interest of the Government, the Contracting Officer shall grant such waiver in writing.

(f) Definition. The term "technical consulting and management support service" means any work or effort to provide internal assistance to any ERDA program division or other organizational component in the formulation or administration of its programs or projects which normally necessitates that the contractor be given access to internal ERDA information. Such services typically include assistance in the preparation of program plans, evaluation, monitoring or review of contractor's activities or proposals submitted by prospective contractors; preparation of preliminary designs, specifications, or statements of work; the making of recommendations, or the rendering of an opinion or advice regarding any technical problem, issue, question.

$9-7.103-55 Safety and health

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Insert the clause set forth in §9-50.704-2 where appropriate.

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