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And provided further, That cost for air transportation will normally be allowed at less than first-class rates only; and (ii) the terms of this contract.

(d) In the clause paragraph (c) set forth in paragraph (c)(1), of this section, the percentage to be held in reserve may be varied as appropriate but in no case may it be less than five (5%) percent or more than ten (10%) percent.

(e)(1) The title of the clause set forth in paragraph (a) of this section shall be changed to “Allowable Cost and Payment,” where appropriate.

(2) Other modifications to the clause set forth in paragraph (a) of this section may be made as appropriate to reflect the proper fee arrangement (such as incentive fee) concluded between the Government and the Contractor.

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forth in paragraph (a) of this section may be varied to take into account the contractor's established billing proce dures.

(c) In the case of cost-sharing contracts or, where determined by the Contracting Officer to be appropriate, of cost-reimbursement-type contracts without fee

(1) Insert the following paragraph in lieu of paragraph (c) of the clause set forth above in paragraph (a) of this section, except that if the contract does not provide for cost sharing delete the parenthetical references to the Government's share

(c) Promptly after receipt of each invoice or voucher, the Agency shall review the document to the extent deemed necessary and appropriate, and authorize payment to be made of the approved amount. After payment of an amount equal to eighty percent (80%) of (the Government's share of) the total estimated cost of performance of this contract set forth in the clause entitled “Limitation of Cost”, further payment on account of allowable cost shall be withheld until a reserve of five (5%) percent of (the Government's share of) such total estimated cost shall have been set aside.

(2) Delete paragraph (a)(2) and the words "fixed fee" from paragraphs (a) or (e) of the clause set forth in paragraph (a) of this section. Amend paragraph (a)(1)(i) of the clause to reflect Subpart 1-15.3 when the contractor is an educational institution.

(3) In contracts which provide for cost sharing, change paragraph (a) of the clause set forth in paragraph (a) of this section as follows:

(a) For the performance of this contract, the Government shall pay to the Contractor:

(1) The cost thereof (hereinafter referred to as "allowable costs”) determined by the Agency to be allowable in accordance with

(i) Subpart 1-15.2 of the Federal Procurement Regulations in effect on the date of this contract; Provided, however, That unallowable costs shall include but not be limited to the following items:

Overtime or shift premiums not reasonably or properly allocable to the contract work unless it will result in lower overall cost to the Government;

Equipment purchased as direct costs to the contract without prior approval of the Contracting Officer;

SUBCONTRACTS (a) The Contractor shall not enter into any contractual undertaking with a third party, including individuals utilized by the Contractor as consultants (but excluding individuals serving or to serve as regular employees of the Contractor and agreements for the acquisition of office supplies that are expended in the performance of the contract) for the performance in whole or in part of any of the work under this contract without the prior consent of the Contracting Officer, which consent shall not be unreasonably withheld.

(b) The Contracting Officer may, in his discretion, ratify in writing any such subcontract; such action shall constitute the consent of the Contracting Officer required by this paragraph.

(c) The Contracting Officer may, in his discretion, specifically approve in writing any of the provisions of a subcontract. However, such approval or the consent of the Contracting Officer obtained as required by this clause shall not be construed to constitute a determination of the allowability of any cost under this contract, unless such approval specifically provides that it constitutes a determination of the allowability of such cost.

(d) Except as otherwise authorized in writing by the Contracting Officer, the Contractor shall insert provisions similar to those contained in this clause in all subcontracts under this contract.

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$ 23–7.5002–6 Litigation and claims.

(a) Clause:

§ 23–7.5002–8 Materials.

Insert the clause set forth in § 237.150 where use of the clause is appropriate.

8 23–7.5002-9 Government furnished prop

erty. Insert the clause set forth in § 237.151 where use of the clause is appropriate, with such modification as may be necessary to reflect its inclusion in a cost-reimbursement-type contract.

$ 23-7.5002-10 Security.

Insert the clause set forth in § 237.152 where use of the clause is appropriate. $ 23-7.5002–11 Order of precedence.

Insert the clause set forth in § 237.155 where use of the clause is appropriate.


LITIGATION AND CLAIMS The Contractor shall give the Contracting Officer immediate notice in writing of any action filed against the Contractor arising out of the performance of this contract and of any claim (excluding billings by subcontractors or consultants for duly contracted services rendered in the performance of this contract) against the Contractor the cost and expense of which is allowable under the clause entitled “Allowable Cost, Fixed Fee and Payment”. Except as otherwise directed by the Contracting Officer in writing, the Contractor shall furnish immediately to the Contracting Officer copies of all pertinent papers received by the Contractor with respect to such action or claim. To the extent not in conflict with any applicable policy of insurance, the Contractor may, with the Contracting Officer's approval, settle any such action or claim, shall effect at the Contracting Officer's request an assignment and subrogation in favor of the Government of all the Contractor's right and claims (except those against the Government) arising out of any such action or claim against the Contractor, and, if required by the Contracting Officer, shall authorize representatives of the Government to settle or defend any such action or claim and to represent the Contractor in, or take charge of, any action. If the settlement or defense of an action or claim against the Contractor is undertaken by the Government, the Contractor shall furnish all reasonable assistance in effecting a settlement or asserting a defense. Where an action against the Contractor is not cov. ered by a policy of insurance the Contractor shall, with the approval of the Contracting Officer, proceed with the defense of the action in good faith, and in such event the defense of the action shall be at the expense of the Government: Provided, however, That the Government shall not be liable for such expense to the extent that it would have been compensated for by insurance which was required by law or by the written direction of the Contracting Officer, but which the Contractor failed to secure through its own fault or negligence for reasons other than the refusal of an insurer to issue a policy which was required by Contracting Officer's direction.

(b) In the clause set forth in paragraph (a) of this section, the title of the clause “Allowable Cost, Fixed Fee and Payment” may be amended as appropriate.

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$ 23–7.5002-7 Publication and release of

information. Insert the clause set forth in § 237.154 where the use of the clause is appropriate.

23-50.401 Terms and conditions of grants. 23-50.402 Fiscal administration. 23-50.403 Patents. 23-50.404 Security. 23-50.405 Equal opportunity.

Subpart 23-50.5—Publication

$ 23-50.001-6 Head of the Agency. Sec.

Head of the Agency means the Di23-50.501 Policy.

rector of the U.S. Arms Control and 23-50.502 Copyrights and other rights in Disarmament Agency. data.

8 23-50.001–7 Special Government employ. AUTHORITY: Secs. 31, 32, 41, 75 Stat. 631, 22 U.S.C. 2571, 2572, 2581; sec. 601, 78 Stat.

ee. 252, 42 U.S.C. 2000d; secs. 1 and 2, 72 Stat. Special Government employee 1793, 42 U.S.C. 1891 and 1892; as amended. means a “special Government employSOURCE: 34 FR 7360, May 6, 1969, unless

ee”, as defined in section 202 of title 18 otherwise noted.

of the United States Code, who is em:

ployed by the agency. $ 23-50.000 Scope of part.

This part describes the method by Subpart 23-50.1-General which the U.S. Arms Control and Disarmament Agency makes grants, and § 23-50.101 Types of activities supported. the method by which U.S. public or The Agency is authorized to make private institutions or persons may grants in support of or for the conduct apply for such grants.

of research, development and other

studies in the field of arms control and $ 23–50.001 Definitions.

disarmament. As used throughout this part, the following words have the meaning set

$ 23-50.102 Extent of support. forth below.

The Agency may fund in whole or in

part an activity it is authorized to sup$ 23–50.001-1 ACDA or Agency.

port. ACDA or Agency means the U.S.

$ 23-50.103 Limitations. Arms Control and Disarmament Agency.

(a) The authority of the Agency to

make grants is limited to U.S. public § 23-50.001-2 Act.

or private institutions or persons. AcAct means the Arms Control and

cordingly, any application from an inDisarmament Act, Pub. L. 87-297, 75

stitution or person other than a U.S. Stat. 631, compiled at 22 U.S.C. 2551 et

public or private institution or person seq., as amended from time to time.

will not be considered. Private persons

will not ordinarily be awarded grants $ 23-50.001-3 Director.

except under the sponsorship of an

educational institution of higher Director means the Director 'or

learning or of some other established Acting Director of the U.S. Arms Con

nonprofit organization. Normally, ortrol and Disarmament Agency.

ganizations for profit will not be $ 23-50.001-4 Employee.

awarded grants. Exceptionally, grants

may be made to such organizations if Employee includes anyone serving in

the results of its activities cannot oththe Agency as:

erwise be obtained and if one or more (a) A person appointed by the Presi.

of the following criteria are met:

of the following dent and confirmed by the Senate to a

(1) The research, development, or position in the Agency.

study to be undertaken is of special (b) A person appointed by the Direc

concern or interest and shows promise tor or by his designee to a position in

of making an outstanding contribution the Agency.

to the acquisition of theoretical or (c) A special Government employee.

practical knowledge in the field of

arms control and disarmament; $ 23-50.001–5 Granting Officer.

(2) Unique resources are available Granting Officer means the Agency for the work. official (other than the Director) em (b) The Act restricts the Agency's powered to make grants (see Part 23- authority to make grants with respect 51 of this title).

to research, development and studies related to arms control and disarma- stages of arms control and disarmament to the following:

ment; (1) The detection, identification, in. (12) The scientific, economic, politi. spection, monitoring, limitation, re- cal, legal, social, psychological, miliduction, control, and elimination of tary, and technological factors related armed forces and armaments, includ to the prevention of war with a view to ing thermonuclear, nuclear, missile, a better understanding of how the conventional, bacteriological, chemi basic structure of a lasting peace may cal, and radiological weapons;

be established; (2) The techniques and systems of (13) Such related problems as the detecting, identifying, inspecting, and Director may determine to be in need monitoring of tests of nuclear, thermo of research, development, or study in nuclear, and other weapons;

order to carry out the provisions of (3) The analysis of national budgets, the Act. levels of industrial production, and economic indicators to determine the Subpart 23-50.2-Submission of amounts spent by various countries

Applications for armaments;

(4) The control, reduction, and elimi- $ 23-50.201 Who may apply for a grant. nation of armed forces and armaments Application for grants normally in space, in areas on and beneath the shall be submitted by a nonprofit or. earth's surface, and in underwater re

ganization, or by an educational instigions;

tution. Such applications must be (5) The structure and operation of signed by an official duly authorized international control and other orga

to execute such instruments. nizations useful for arms control and disarmament;

§ 23-50.202 Where to submit applications. (6) The training of scientists, techni- Applications for grants shall be subcians, and other personnel for man

mitted to the Office of the Executive ning the control systems which may Director. U.S. Arms Control and Disar. be created by international arms con

mament Agency, 320 21st Street NW., trol and disarmament agreements;

Washington, D.C. 20451. (7) The reduction and elimination of the danger of war resulting from acci- $ 23-50.203 What to submit. dent, miscalculation, or possible sur.

The Agency does not prescribe any prise attack, including (but not limited

particular format to govern the prepato) improvements in the methods of

ration of applications for grants. The communications between nations;

Agency must be supplied, however, (8) The economic and political conse

with essential information on which to quences of arms control and disarma

base a determination to award a grant. ment, including the problems of read The applications shall cover the points justment arising in industry and the

given below insofar as these may be reallocation of national resources;

applicable. (9) The arms control and disarma (a) Name and address of institution. ment implications of foreign and na

The name, address, and telephone tional security policies of the United number of the prospective grantee States with a view to a better under shall be given. Where the official desstanding of the significance of such

ignation of the organization differs policies for the achievement of arms from the designation commonly used, control and disarmament;

the official designation shall be given, (10) The national security and for followed by the popular name eneign policy implications of arms con closed in parentheses. trol and disarmament proposals with a (b) Title of proposed research. The view to a better understanding of the title of the proposed research should effect of such proposals upon national be brief but adequately descriptive. security and foreign policy;

(c) Desired starting date of the re(11) Methods for the maintenance of search. Proposed alternate starting peace and security during different dates may be specified, taking into ac

count the time required by the Agen- ment for research purchased with cy's personnel for review and evalua grant funds to vest in such institutions tion.

or organizations without further obli(d) Time period for which support is gation to the Government or on such requested. The length of time for other terms and conditions as the which support is being requested, ordi- Agency deems appropriate. narily up to a year, must be consistent (g) Personnel. (1) The principal inwith the nature and complexity of the vestigator shall be responsible for proposed research. The Agency will direct supervision of the work and in consider and process each request for most instances will participate in the subsequent support as an application conduct of the research regardless of for a new research grant, except in whether or not he is to receive any those cases of pilot or feasibility stud compensation from the grant funds. ies which contemplate additional The proposal shall list the names and funding upon satisfactory conclusion titles of professional personnel to be of the preliminary study.

associated directly with the research, (e) Description of proposed research. including the level of effort each is exApplications must include a brief ab pected to devote to the undertaking. stract describing the proposed re (2) A short biographical sketch of search. In addition, the applicant shall the principal investigator and a list of provide a more detailed description of his principal publications must be inthe work to be undertaken, its objec- cluded along with similar biological intives, and its relation to the present formation on other senior professional state of knowledge on the subject and personnel who will be directly associto comparable work in progress else ated with the project. If applicable, where, together with pertinent biblio- the number of student or other assisgraphic citations. The general plan of tants, together with information as to the work to be undertaken must be in their level of academic attainment, cluded. The Agency will be influenced shall be listed. The names and titles of by the adequacy of information in its other scientific and technical personuppraisal of the merits of the pro nel who are expected to be associated posed research.

with the project in an advisory or con(f) Facilities and equipment. (1) sulting capacity must be shown. Prospective grantees should own or (h) Financial information. Each apcontrol the capital facilities and equip- plicant must submit an estimate of the ment necessary to the research. The total cost of the project, with a breakapplication for grant must identify the down of estimated costs per year in facilities available, as well as those the categories listed below. Parts 1items of equipment specially adapted 15.1 through 1-15.3 of this title set or suited to the proposed research. As forth principles for determining what a general policy, Agency grants do not costs are reasonable and allowable. provide for the acquisition, refurbish- ACDA will use these principles in dement, or renovation of facilities and termining the extent to which it will equipment. Therefore, requests for support a research grant proposal. Apsuch acquisition, refurbishment or plicants will list in similar categories, renovation of equipment with grant contributions that other sources will funds for use in performance of the re- make to the research. search requires prior Agency approval. (1) Salaries. (i) List the names of Except as stated below, title to such personnel who will perform the work; equipment shall pass to the Govern the percentage of time each will ment upon acquisition.

devote to the research; and the pres(2) Under the authority of 42 U.S.C. ent salary, rate of pay, or stipend of 1891 and 1892, grants may be made to each individual who is to be compennonprofit institutions of higher learn- sated under the grant; and, the total ing (or to nonprofit organizations amount of salary per year that each whose primary purpose is the conduct will be paid from the grant. of scientific research) for basic or ap- (ii) Request funds to defray a porplied scientific research. Such grants tion, or all, of the salaries of personnel may permit title to specialized equip- who will work on the research. Sti

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