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.

The contractor shall not

(e) Security clearance of personnel. 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 Restricted 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 U.S.C. 2011 et seq.; 18 U.S.C. 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.

and

NOTE A: This clause is required in contracts entered into under Sections 31 or 41 of the Atomic Energy Act of 1954, as amended, in other contracts, subcontracts, and purchase ordrs the performance of which involves or is likely to involve Restricted Data, Formerly Restricted Data or other classified information.

$9-50.704-2 Safety and health.

(a) The clause set forth herein shall be included in all contracts and subcontracts for, and be made applicable to, work to be performed at a government-owned or leased facility where ERDA has elected to assert its statutory authority to enforce occupational safety and health standards applicable to the working conditions of contractor and subcontractor employees.

SAFETY AND HEALTH

The contractor shall take all reasonable precautions in the performance of the work under this contract to protect the safety and health of employees and of members of the public and shall comply with all applicable safety and health regulations and requirement (including reporting requirements) of ERDA. In the event that the contractor fails to comply with said regulations or requirements of ERDA, the contracting officer may, without prejudice to any other legal or contractual rights of ERDA, issue an order stopping all or any part of the work; thereafter a start order for resumption of the work may be issued at the discretion of the contracting officer. The contractor shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such work stoppage.

(b) The clause set forth herein shall be included in those contracts or subcontracts for, and be made applicable to, work to be performed at a facility where ERDA does not elect to assert its statutory authority to enforce occupational safety and health standards applicable to the working conditions of contractor and subcontractor employees, but does need to enforce radiological safety and health standards pursuant to provisions of the contract or subcontract rather than by reliance upon Nuclear Regulatory Commission licensing requirements (including agreements with states under section 274 of the Atomic Energy Act).

RADIATION PROTECTION AND NUCLEAR CRITICALITY

In

The contractor shall take all reasonable precautions in the performance of work under this contract to protect the safety and health of employees and of members of the public against the hazards of ionizing radiation and radioactive materials and shall comply with all applicable radiation protection and nuclear criticality safety standards and requirements (including reporting requirements) of ERDA. the event that the contractor fails to comply with said standards and requirements of ERDA, the contracting officer may, without prejudice to any other legal or contractual rights of ERDA, issue an order stopping all or any part of the work; thereafter a start order for resumption of the work may be issued at the discretion of the contracting officer. The contractor shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such work stoppage.

$9-50.704-3 Buy American Act (construction).

CPFF construction contracts use the following clause:

(a) In acquiring construction materials, the Buy American Act (41 U.S.C. 10 a-d) provides that the Government give preference to domestic construction material. For the purpose of this clause:

(1) "Construction" means construction, alteration, or repair

of any public building or public work;

(2) "Components" means those articles, materials and supplies, which are directly incorporated in the construction material;

(3) "Construction material" means those articles, materials, and supplies, which are brought to the construction site for incorporation in the building or work; and

(4) A "domestic construction material" means (A) an unmanufactured construction material which has been mined or produced in the United States; or (B) a manufactured construction material which has been manufactured in the United States if the cost of its components which are mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. For the purposes of this (a)(4)(B), components of foreign origin of the same type or kind as the products referred to in (b)(2) or (3) of this clause shall be treated as components mined, produced, or manufactured in the United States.

(b) The contractor agrees that there will be used under this contract (by the contractor, subcontractor, materialmen, and suppliers) only domestic construction materials, except construction materials:

(1) Which are for use outside the United States;

(2) Which the Government determines are not mined, produced, manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality;

or

(3) As to which the head of the agency determines the domestic preference to be inconsistent with the public interest; or

(4) As to which the head of the agency determines the cost to the Government to be unreasonable.

The foregoing requirements are administered in accordance with Executive Order No. 10582, dated December 17, 1954.

$9-50.704-4 Classification.

In the performance of the work under this contract, the contractor shall assign classifications to all documents, material, and equipment originated or generated by the contractor in accordance with classification guidance furnished to the contractor by ERDA. Every

90-136 O-77 - 35

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.

NOTE A: This clause is required in all contracts involving classified information.

$9-50.704-5 Disclosure of information.

(a) It is mutually expected that the activities under this contract will not involve Restricted Data or other classified information or material. It is understood, however, that if in the opinion of either party this expectation changes prior to the expiration or termination of all activities under this contract, said party shall notify the other party accordingly in writing without delay. In any event, the contractor shall classify, safeguard, and otherwise act with respect to all Restricted Data and other classified information and material, in accordance with applicable law and the requirements of ERDA and shall promptly inform ERDA in writing if and when Restricted Data or other classified information or material becomes involved. If and when Restricted Data or other classified information or material becomes involved, or in the mutual judgment of the parties it appears likely that Restricted Data or other classified information or material may become involved, the contractor shall have the right to terminate performance of the work under this contract and in such event the provisions of this contract respecting termination for the convenience of the Government shall apply.

cess

(b) The contractor shall not permit any individual to have acto Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and ERDA's regulations or requirements.

(c) The term "Restricted Data" as used in this article means all data concerning the design, manufacture, or utilization of atomic weapons, the production of special nuclear material or 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, as amended. NOTE A: This clause should be used in place of the clauses entitled "Security", $9-50.704-1, and "Classification", §9-50.704-4, in contracts with educational institutions for offsite research that are not likely to produce Restricted Data or classified information.

$9-50.704-6 Nuclear hazards indemnity.

(a) This article is incorporated into this contract pursuant to the authority contained in subsection 170(d) of the Atomic Energy Act of 1954, as amended (hereinafter called the Act.)

article.

(1) The definitions set out in the Act shall apply to this

(2) The term "contract location" means any ERDA facility, installation, or site at which contractual activity under this contract is being carried on, and any contractor-owned or controlled facility, installation, or site at which the contractor is engaged in the performance of contractual activity under this contract.

(3) The term "extraordinary nuclear occurrence" means an event which ERDA has determined to be an extraordinary nuclear occurrence as defined in the Act. A determination of whether or not there has been an extraordinary nuclear occurrence will be made in accordance with the procedures in Subpart E of 10 CFR 840.

(b) Except as hereafter permitted or required in writing by ERDA, the contractor will not be required to provide or maintain, and will not provide or maintain at Government expense, any form of financial protection to cover public liability. ERDA may at any time require in writing that the contractor provide and maintain financial protection of such a type and in such amount as ERDA shall determine to be appropriate to cover public liability arising out of or in connection with the contractual activity, provided that the costs of such financial protection will be reimbursed to the contractor by ERDA.

(c) (1) To the extent that the contractor and other persons indemnified are not compensated by any financial protection permitted or required by ERDA or the Nuclear Regulatory Commission (NRC), ERDA will indemnify the contractor, and other persons indemnified, against (i) claims for public liability as described in subparagraph (2) of this paragraph (c); and (ii) the reasonable costs of investigating and settling claims, and defending suits for damage for such public liability, provided that ERDA's liability, excluding such reasonable costs, under all indemnity agreements entered into by ERDA under section 170 of the Act, including this contract, shall not exceed $500 million in the aggregate for each nuclear incident occurring within the United States or $100 million in the aggregate for each nuclear incident occurring outside the United States, irrespective of the number of persons indemnified in connection with this contract.