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Section (5) (a) The Contractor, at the time of first disclosing an
or his assignee, to bring the invention or discovery
(c) With respect to each invention or discovery in which
(ii) The right to require the granting of licenses to applicants royalty-free or on terms that are reasonable in the circumstances to the extent that the invention or discovery is required for public use by governmental regulation, or as may be necessary to fulfill health or welfare needs, or for other public purposes stipulated in this contract.
(b) Clause B
Section (1) Whenever any invention or discovery is conceived or reduced to practice by the Contractor or its Technical Personnel (each employee or consultant working under the administrative direction of the Contractor or any subcontractor hereunder) in the course of, or under this contract, the Contractor, or applicable subcontractor, shall promptly furnish the Contracting Officer with complete information thereon; Contractor agrees to grant the Government all right, title and interest in and to each such invention or discovery, provided, however, that the Contractor shall retain (subject to 5 and 6 of this clause) at least a sole (except as against the Government or its account) irrevocable, royalty-free license, with the right to grant sublicenses under any such invention or discovery, and any patent application or patent resulting therefrom.
Section (2) The Contractor agrees:
(a) to cooperate in the preparation and prosecution of
any domestic or foreign patent application which the Government may decide to undertake covering any reported invention;
(b) to execute all papers required in the prosecution of such patent applications, including the assignment thereto to the United States Government; and
(c) to secure cooperation of Contractor's Technical Personnel in the preparation and execution of all such papers as may be required in the prosecution of such patent applications or in order to vest title in the subject matter involved in the United States, or to secure the right of free use thereof to the public.
Section (3) Prior to final payment under this contract, the Contractor shall file a final report disclosing to the Contracting Officer all inventions, improvements and discoveries developed in the performance of this contract, and shall certify on the last page of such report that to the best of his knowledge and belief such disclosure has been made therein or that there are no such unreported inventions.
Section (4) The Contractor shall include provisions appropriate to
Section (5) With respect to each invention or discovery in which the
his assignee, to bring the invention or discovery to
Section (6) With respect to each invention in which the Contractor
(a) The right to require the granting of nonexclusive,
royalty-free licenses to applicants, unless the
applicants royalty-free or on terms that are reason-
Clause 27, "CERTIFICATION OF NONSEGREGATED FACILITIES" is modified
The term "race, color, religion, or national origin" is substituted for the term "race, creed, color, or national origin".
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Standards of Work
Utilization of Small Business Concerns
Termination for Default or for Convenience
of the Government
Contract Work Hours Standards Act -
Walsh-Healey Public Contracts Act
Officials Not to Benefit
Cost-Reimbursement Research and Development Contracts
As used throughout this contract, the following terms shall have the meanings set forth below:
(a) The term "Secretary" means the Secretary or Under Secretary of the Department of Housing and Urban Development; and the term "his duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized to act for the Secretary.
(b) The term "Contracting Officer" means the person executing the contract on behalf of the Government, and any other officer or civilian employee who is a properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his authority.
(c) Except as otherwise provided in this contract, the term "subcontracts" includes purchase orders under this contract.
(a) The term "HUD" means the Department of Housing and Urban Development.
Attachment E-1 RFP H-55-69
Subcontractor Cost and Pricing Data 35. Negotiated Overhead Rates
The Contracting Officer may at any time, by a written order and without notice to the sureties, if any, make changes, within the general scope of this contract, in any one or more of the following: (i) drawings, designs, or specifications; (ii) method of shipment or packing; (iii) place of inspection, delivery or acceptance; and (iv) the amount of Government-furnished property.
such change causes an increase or decrease in the estimated cost of, or the time required for, performance of this contract, or otherwise affects any other provision of this contract, whether changed or not changed by any such order, an equitable adjustment shall be made (i) in the estimated cost or delivery schedule, or both, (ii) in the amount of any fee to be paid to the Contractor, and (iii) in such other provisions of the contract as may be so affected, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within sixty (60) days from the date of receipt by the Contractor of the notification of change; provided, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any
time prior to final payment under this contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.
LIMITATION OF COST
(a) It is estimated that the total cost to the Government, exclusive of any fixed fee, for the performance of this contract will not exceed the estimated cost set forth in the Schedule, and the Contractor agrees to use his best efforts to perform the work specified in the Schedule and all obligations under this contract within such estimated cost. If at any time the Contractor has reason to believe that the costs which he expects to incur in the performance of this contract in the next succeeding sixty (60) days, when added to all costs previously incurred, will exceed seventy-five percent (75%) of the estimated cost then set forth in the Schedule, or if at any time the Contractor has reason to believe that the total cost to the Government, exclusive of any fixed fee, for the performance of this contract will be greater or substantially less than the then estimated cost thereof, the Contractor shall notify the Contracting Officer in writing to that effect, giving the revised estimate of such total cost for the performance of this contract.
(b) The Government shall not be obligated to reimburse the Contractor for costs incurred in excess of the estimated cost set forth in the Schedule, and the Contractor shall not be obligated to continue performance under the contract or to incur costs in excess of the estimated cost set forth in the Schedule, unless and until the Contracting Officer shall have notified the Contractor in writing that such estimated cost has been increased and shall have specified in such notice a revised estimated cost which shall thereupon constitute the estimated cost of performance of this contract. When and to the extent that the estimated cost set forth in the Schedule has been increased, any costs incurred by the Contractor in excess of such estimated cost prior to the increase in estimated cost shall be allowable to the same extent as if such costs had been incurred after such increase in estimated cost.
ALLOWABLE COST, FIXED FEE, AND PAYMENT
(a) For the performance of this contract, the Government shall pay to the Contractor:
(b) Once each month (or at more frequent intervals, if approved by the Contracting Officer), te Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as such representative may require, an invoice or public voucher supported by a statement of cost incurred by the Contractor in the performance of this contract and claimed to constitute allowable cost.
Attachment E-1 RFP H-55-69
Promptly after receipt of each invoice or voucher and statement of cost, the Government shall, except as otherwise provided in this contract, subject to the provisions of (d) below, make payment thereon as approved by the Contracting Officer. Payment of the fixed fee, if any, shall be made to the Contractor as specified in the Schedule; Provided, However, that after payment of eighty-five percent (85%) of the fixed fee set forth in the Schedule, further payment on account of the fixed fee shall be withheld until a reserve of either fifteen percent (15%) of the total fixed fee, or one hundred thousand dollars ($100,000), whichever is less, shall have been set aside.
(d) At any time or times prior to final payment under this contract the Contracting Officer may have the invoices or vouchers and statements of cost audited. Each payment theretofore made shall be subject to reduction for amounts included in the related invoice or voucher which are found by the Contracting Officer, on the basis of such audit, not to constitute allowable cost. Any payment may be reduced for overpayments, or increased for underpayments, on preceding invoices or vouchers.
(e) On receipt and approval of the invoice or voucher designated by the Contractor as the "completion invoice" or "completion voucher" and upon compliance by the Contractor with all the provisions of this contract (including, without limitation, the provisions relating to patents and the provisions of (f) below), the Government shall promptly pay to the Contractor any balance of allowable cost, and any part of the fixed fee, which has been withheld pursuant to (c) above or otherwise not paid to the Contractor. The completion invoice or voucher shall be submitted by the Contractor promptly following completion of the work under this contract but in no event later than one (1) year (or such longer period as the Contracting Officer may in his discretion approve in writing) from the date of such completion.
(f) The Contractor agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Contractor or any assignee under this contract shell be paid by the Contractor to the Government, to the extent that they are properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract. Reasonable expenses incurred by the Contractor for the purpose of securing such refunds, rebates, credits, or other amounts shall be allowable costs hereunder when approved by the Contracting Officer. Prior to final payment under this contract, the Contractor and each assignee under this contract whose assignment is in effect at the time of final payment under this contract shall execute and deliver: