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Article B-XV-Disputes

Insert the clause in FPR 1-7.102-12.

Article B-XVI-Officials Not To Benefit

Insert the clause in FPR 1-7.102-17.

Article B-XVII-Covenant Against Contingent Fees

Insert the clause in FPR 1-1.503.

Article B-XVIII-Examination of Records
Insert FPR 1-7.103-3 modified as follows: substitute the words

"Unle88 ERDA authorizes their prior disposition" for the words "for such lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the Federal Procurement Regulations Part 1-20 as appropriate". The examination of records clause is not required in contracts with any foreign government or agency thereof or in contracts with foreign producers.

Article XIX-Buy American Act

Insert the clause in FPR 1-7.102-14.

Article B-XX-Assignment: Subcontracting

Neither this agreement 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 agreement, except as expressly authorized in writing by the contracting officer.

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 agreement requirements and any failures to comply. The report shall indicate the approximate percentage of time or effort which the principal investigator(s) has devoted to the project since the beginning of the current term of the agreement 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 3 months in advance of the expiration of the current agreement term and shall give the contractor's best estimate of the probable events and occurrences in regard to the remainder of the current

term. Except as ERDA may otherwise request, no further progress report will be required for any agreement year unless there has been a significant change in scientific results or compliance between the latest progress report by the contractor and its actual experience: this 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 supported by the agreement.

(c) Renewal proposals. A renewal proposal, if any, shall be submitted along with the technical progress report, and each of the two documents shall be separately bound. Renewal proposals are submitted to a central point within the office of the senior procurement official, headquarters.

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-XXII-Reserved.

Article B-XXIV-Utilization of Concerns

In Labor Surplus Areas

Insert the clause in FPR 1-1.805-3(a) under the conditions prescribed therein.

Article B-XXV-Utilization of Small Business Concerns

Insert the clause in FPR 1-1.710-3(a) under the conditions prescribed therein.

Article B-XXVI-Utilization of Minority Business Enterprises

Insert the clause in FPR 1-1.1310-2(a) under the conditions prescribed therein.

Article B-XXVII-Soviet-Bloc Controls

Insert the clause set forth in 59-7.304-52 under the conditions prescribed therein.

Article B-XXVIII-Disabled Veterans and Veterans

of the Viet Nam Era

Insert the clause in FPR Temporary Regulation 39.

Article B-XXIX-Determination of Support Costs 1(a)

The term "support cost" as used in this agreement means ERDA's share of the sum of costs incurred by the contractor for items included under Article A-11(a) of Appendix A which are in furtherance of the work hereunder, which are incurred in accordance with the provisions of this agreement, and which are reported to ERDA in accordance with (b) below. The term "cumulative support cost" as used in this agreement means the total of the support cost incurred during the initial agreement period plus any extension periods.

(b) Within 3 months after the end of each agreement period set forth in Appendix A, and within 3 months after the termination or

'If the agreement is with a not-for-profit organization other than an educational institution or a research foundation established by an education institution, this article should be revised to provide that the commercial cost principles (FPR 1-15.2) will be used in determining actual cost.

?In those cases in which there is no proportionate sharing of costs, ERDA's "share" will be 100 percent. With respect to any period in which proportionate cost sharing is applicable pursuant to Article A-III, it is understood that the support 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-11(a) of Append ix A, not shown in Appendix A of the agreement for the pertinent period. The costs for the pertinent period shall be consistent with the principles of FMC 73-8 as constituted on the effective commencement date of said period. The certified statement shall be in the form set forth in Appendix c.

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 agreement, during the agreement term just completed. The statement shall show all costs incurred during the pertinent agreement 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 listed under Article A-II(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 stores inventory, and the amount due the contractor for indirect costs in accordance with the rate and factor or factors shown in Appendix A of the agreement for the pertinent period. • The costs for the pertinent period shall be consistent with the principles of FMC 73-8 as constituted 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 records 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 actual 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 renewel 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 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 ERDA expects to rely on this certified statement for determining the support cost for the period. With respect to any period in which proportionate cost sharing is applicable, the support cost 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 ERDA shall be subject to the approval requirements of this agreement. 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)(i).

90-136 0 - 77 - 28

Article B-XXX--Additional Approvals

(a) In addition to such approvals as are specifically required by other provisions of this agreement, the contractor shall obtain ERDA's approval for:

(1) A change of the principal investigator, co-investigator, or other key people as might be named in this agreement 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 "he amount of effort which he devotes to the project without obtaining ERDA approval; however, a representative of the institution shall consult with the appropriate ERDA 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 agreement, if any, may be appropriate.

(2) No change in the phenomenon or phenomena under study; i.e., broad category of the research under the agreement 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 agreement or a mutually agreed to modification. The Contractor may change the specific objectives in the research work described in the agreement: provided, it gives the contracting officer prompt notification of such changes; and the contractor may continue to follow the new objectives while ERDA 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 progress report issued subsequent to the changes.

(3) Acquisition of:

(i) 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; or

(ii) An item or items of equipment the cost of which will cause the total equipment dollar level shown in article A-II(a) of the agreement to be in excess of 125 percent thereof (if plant and capital equipment funds are provided for the acquistion of equipment with title to be vested in the Government, the total cost of such shall not exceed the amount provided for such equipment unless prior ERDA approval has been obtained).

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