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policies as an educational institution or without adversely affecting its performance,
to continue performance of the work under this contract as a result of a change in
Attachment
made by DOE pursuant to the preceding sentence. If the
contractor elects to terminate performance, the provisions of this contract respecting
termination for the convenience of the Government shall apply.

OMB CONTROL No.: 1901-0021.

89-50.704-35 Controls in the national interest (unclassified contracts with educational
institutions).

The contractor agrees to comply with the requirements of DOE specified in
Attachment
to this contract, and to such other DOE requirements of

the same general nature as the parties may agree to from time to time; these
requirements relate to unclassified work, and they shall not be construed to limit or
affect in any way the contractor's obligation to conform to all security regulations
and requirements of DOE pertaining to classified work.

OMB CONTROL No.: 1901-0021.

89-50.704-36 (Reserved)

89-50.704-37 Statement of work (cost-type contracts).

(a) While it is not feasible to set forth standard language which would fit every cost-type contract situation, language for this clause must be designed to describe clearly the work being undertaken; the controls, as appropriate, to be exercised by DOE over the performance of that work; and the relationship contemplated between the parties.

(b) This clause shall also include the following language with respect to subcontracting performance of the work described pursuant to (a) above. The contractor shall, when directed by DOE and may, but only when authorized by DOE, enter into subcontracts for the performance of any part of the work under this article.

(c) In operating contracts when the contractor is expected to perform no Davis-Bacon work with his own forces, the special clause in §9-50.1804-3 shall be included in this clause. OMB CONTROL No.: 1901-0021.

89-50.704-38 Special clause for operating contracts.

See 89-50.1804-2.

89-50.704-41 Preservation of individual occupational radiation exposure records.

Individual occupational radiation exposure records generated in the performance of work under this contract shall be subject to inspection by DOE and shall be preserved by the contractor until disposal is authorized by DOE or at the option of the contractor delivered to DOE upon completion or termination of the contract. If the contractor exercises the foregoing option, title to such records shall vest in DOE upon delivery.

NOTE: The foregoing clause shall be included in all contracts containing DOE standard clause §9–50.704–2.

OMB CONTROL NO.: 1901-0021.

89-50.704-42 Key personnel.

It having been determined that the employees whose names appear (below) (in
Appendix
-), or persons approved by the Contracting Officer as persons
of substantially equal abilities and qualifications, are necessary for the successful
performance of this contract, the contractor agrees to assign such employees or
persons to the performance of the work under this contract and shall not reassign or
remove any of the without the consent of the Contracting Officer. Whenever, for any
reason, one or more of the aforementioned employees is unavailable for assignment
for work under the contract, the contractor shall, with the approval of the Contract-
ing Officer, replace such employee with an employee of substantially equal abilities
and qualifications.

OMB CONTROL No.: 1901-0021. 89-50.704-43 Other contracts.

The Government may undertake or award other contracts for additional work, and the contractor shall fully cooperate with such other contractors and Government employees and carefully fit its own work to such additional work as may be directed

by the Contracting Officer. The contractor shall not commit or permit any act which will
interfere with the performance of work by any other contractor or by Government em-
ployees.

OMB CONTROL No.: 1901-0021.

89-50.704-44 Termination article for CPFF architect-engineer contracts.

See §9-8.751.

§9-50.704-45 Termination article for operating contracts.

See 89-50.801.

§9-50.704-46 Rights in technical data - facility.

See 89-9.2

89-50.704-47 Classified inventions.

See $9-9.106.

89-50.704-48 Cost and schedule control systems.

Certain DOE projects are of such significance and magnitude that responsible management calls for enhanced visibility of contractor cost and schedule performance as well as more formalized data to document their progress and aid in decisions regarding their continuation. Any contract with a total estimated cost in excess of $50 million shall require full implementation of the DOE cost and Schedule Control Systems Criteria. Selected projects between $2 million and $50 million may benefit from modified implementation of such a control system. In those instances where the DOE Cost and Schedule Control Systems Criteria are to be utilized, the Contractor shall follow the current Cost and Schedule Control Systems Implementation Guide, and the following clause, appropriately modified to identify the parties, shall be included:

Cost and Schedule Control Systems

(a) In the performance of this contract, the contractor shall establish, maintain, and use cost and schedule control systems (management control systems) meeting the criteria set forth in the contract and as described in detail in DOE/CR-0015. "Cost and Schedule Control Systems Criteria for Contract Performance Measurement-Implementation Guide," annexed hereto and hereinafter referred to as the "Guide." Prior to acceptance by the Contracting Officer and within- calendar days after contract award, the contractor shall be prepared to demonstrate systems operation to the Government to verify that the proposed systems meet the designated criteria. As a part of the review procedures, the contractor shall furnish the Government a description of the cost and schedule control systems applicable to this contract in such form and detail as indicated by the Guide, or as required by the Contracting Officer. The contractor agrees to provide access to all pertinent records, data, and plans as requested by representatives of the Government for the conduct of systems review.

(b) The description of the management control systems accepted by the Contracting Officer, identified by title and date, shall be referenced in the contract. Such systems shall be maintained and used by the contractor in the performance of this contract.

(c) Contractor changes to the reviewed systems shall be submitted for review and approval as required by the Contracting Officer. When Contracting Officer approval is required, the Contracting Officer shall advise the contractor of the acceptability of such changes within sixty (60) days after receipt from the contractor. When systems existing at the time of contract award do not comply with the designated criteria, adjustments necessary to assure compliance will be made at no change in contract price or fee.

(d) The contractor agrees to provide access to all pertinent records and data requested by the Contracting Officer, or duly authorized representative, for the purpose of permitting Government surveillance to insure continuing application of the accepted systems to this contract. Deviations from the systems description identified during contract performance shall be corrected as directed by the Contracting Officer.

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Subpart 9-50.8 Termination of Contracts

$9-50,800 Scope and applicability of subpart.

The policies and procedures of FPR Part 1-8 and Part 9-8 sha be applied in "de and settlement of subcontracts by operating and on-site service contractors

$9-50.801 Clause.

The clause set forth in FPR 1-8.702 is not required to be used operating and contracts. However, all operating and on-site contracts, regardes of where to production, research and development, or services, should contain an aper crate te clause approved by Counsel. The following is suggested for use in operating com

(a) This contract shall continue until

accordance with the provisions which follow

(1) The performance of work under this contract may be lermusand be
Government in whole, or from time to time in part, (1) whenever the cont
default in performance, and shall fail to cure the fault or faxure within wact Demand a
the Contracting Officer may allow after receipt from the Contracting ficar i
notice specifying the fault or failure, or (a) whenever for an's reason, the Contracting
Officer shall determine any such termination is for the best west of th
Government Termination of the work hereunder shall be effected by delivers of a
notice of termination specifying whether termination is for default of the contractor or
for the convenience of the Government, the extent to which performance di work
under the contract shall be terminated, and the date upon which such terminatin
shall become effective Any such termination shall be without prejudice to any
which either party may have against the other if, after notice of termination
the provisions of (a)(11) above, it is determined for any reason that he contra
was not in default, such notice of default shall be deemed to have been med paria
to (a)(1)(n) above, and the nights and obligations of the parties heress shail in
event be governed accordingly

(2) Upon receipt of notice of termination, in accordance with
contractor shall, to the extent directed in writing by the Contracting
discontinue the terminated work and the placing of orders for materias
supplies, and services in connection therewith, and shall proceed of and to
required by the Contracting Officer, to cancel promptly and settle with a
of the Contracting Officer, existing orders, subcontracts, and commitments mcfar
such orders, subcontracts, and commitments pertain to this contract

(b) Upon the termination of this contract, full and complete settlement of all
claims of the contractor and of DOE arising out of this contract shall be made as
follows

(1) The Government shall have the right in its discretion to assuntie solle responsibility for any or all obligations, commitments, and claims that the contractor may have undertaken or incurred, the cost of which are allowable in accordance with the provisions of this contract; and the contractor shall, as a condition of receiving he payments metioned in this article, execute and deliver all such papers and take all such steps as the Contracting Officer may require for the purpose of fully vesting the Government any rights and benefits the contractor may have under or connection with such obligations, comm

(2) The Government sh

accordance with and allowable Fee," not previously so allowe effective date of termination Sereafter

sas all expenditures made in
wable Costs and Froed
performed prior to the
may be incurred for a
od by, the Contracting

o the extent not arising out of the *ts as provided im

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(ii) In accordance with any applicable drawings and specifications; and (iii) Installed to the satisfaction and with the approval of the Contracting Officer.

Where equipment, materials, or articles are referred to in the specifications as "equal to" any particular standard, the Contracting Officer shall decide the question of equality.

(b) Samples and test results. If the Contracting Officer so requires, the contractor shall submit for approval samples of or test results on any materials proposed to be incorporated in the work before making any commitment for the purchase of such materials.

OMB CONTROL No.: 1901-0021.

89-50.704-26 Nuclear facility safety applicability.

The clause set forth herein shall be included in all contracts and subcontracts for, and be made applicable to, work to be performed at or involving the construction, startup, operation, and decommissioning of DOE-owned nuclear facilities deemed to be exempt from nuclear regulatory licensing requirements. Any deviation in substance affecting the meaning, intent, or basic principles of this clause must be referred to the Senior Procurement Official, Headquarters, for approval. Minor changes in wording which may become necessary in negotiations may be approved by the Contracting Officer for this action after consultation with the General Counsel.

NUCLEAR SAFETY

(a) The activities under this contract include the operation of nuclear facilities. The contractor recognizes that such operation involves the risk of a radiological incident which, while the chances are remote, could adversely affect the public health and safety as well as the environment. Therefore, the contrac.or will exercise a degree of care commensurate with the risk involved.

(b) The contractor shall comply with all applicable regulations of DOE concerning nuclear safety and with those requirements (including reporting requirements and instructions) of DOE concerning nuclear safety of which it is notified in writing by the Contracting Officer.

(c) Prior to the initial startup of any nuclear facility under this contract and prior to any subsequent startup following a change which represents a significant deviation from the procedures, equipment, or analyses described in the safety analysis reports or other hazards summary reports for that facility, the contractor shall:

(1) Prepare a safety analysis report including technical specifications and detailed plans and procedures designed to assure the safe operations and maintenance of the facility.

(2) Establish nuclear safety control procedures to be used within the contractor's organization to insure competent independent review and internal approval of the safety analysis report and the detailed plans and procedures specified in (1) above.

(3) Submit to the Contracting Officer for his approval such procedures relating to nuclear safety as may be designated by him.

(4) Carry out a program of initial training and periodic requalification designed to assure that all personnel who will be engaged in nuclear operations or maintenance understand the approved plans and procedures for nuclear safety and are qualified to perform their assigned functions; and

facility.

(5) Obtain the approval of the Contracting Officer prior to start-up of the

(d) In the operation and maintenance of any nuclear facility under this contract, the contractor shall:

(1) Use all reasonable efforts to assure that all operational and maintenance activities are performed by qualified and adequately trained personnel, and except as otherwise agreed in writing, are conducted under the supervision of personnel who are qualified and authorized to evaluate any emergency condition and take prompt effective action with respect thereto.

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