89-7.202-54 Authorization and consent.

The clause set forth in Section 9-9.102-1 shall be used under the conditions set forth therein. 89-7.202-59 Stop work order.

(a) The Contracting Officer may at any time, by written order to the contractor require the contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the contractor, and for any further period to which the parties may agree.Any such order shall be specifically identified as a stop work order issued pursuant to this clause. Upon receipt of such an order, the contractor shall forthwith comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop work order is delivered to the contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either:

(1) cancel the stop work order, or

(2) terminate the work covered by such order as provided in the “Termination for Default or for Convenience of the Government" clause of this contract.

(b) If a stop work order issued under this clause is cancelled or the period of the order or any extension thereof expires, the contractor shall resume work. An equitable adjustment shall be made in the delivery schedule, the estimated cost, the fee, (if any), or a combination thereof, and in any other provisions of the contract that may be affected, and the contract shall be modified in writing accordingly, if:

(1) the stop work order results in an increase in the time required for, or in the contractor's cost properly allocable to, the performance of any part of this contract, and

(2) the contractor asserts a claim for such adjustments within 30 days after the end of the period of work stoppage; provided that, if the Contracting Officer decides the facts justify such action, he may receive and act upon any such claim asserted at any time prior to final payment under this contract.

(c) If a stop work order is not cancelled and the work covered by such order is terminated for default, the reasonable costs resulting from the stop work order shall be allowed by equitable adjustment or otherwise.

89-7.203 Clauses to be used when applicable.

This section prescribes modifications to certain clauses in FPR 1-7.203 and provides DOE clauses which shall be used when applicable in addition to the clauses in FPR 1-7.203.

89-7.203-9 Negotiated overhead rates.

Insert the clause set forth in FPR 1-3.704-1. Add the following phrase in the third line of para- . graph (c): "the applicable cost, inciples referenced in the Allowable Cost, Fee, and Payment clause".

89-7.203-21 Government property.

Insert the Government property clause set forth in FPR 1-7.203-21(a) modified as set forth below:

(1) Modify the second sentence of paragraph (d) to read as follows:

"The Contractor shall establish and maintain a system to control, protect, preserve, and maintain all Government property in accordance with applicable provisions of the DOE Property Management Regulations (DOE-PMR) 41 CFR 109-60 as in effect on the date of the contract." (2) Modify the first sentence of paragraph (f) to read as follows:

"The Contractor shall maintain and administer, in accordance with sound industrial practice and with applicable provisions of DOE-PMR 109–60, a program for the utilization, maintenance, repair, protection, and preservation of Government property so as to assure its full availability and usefulness for the performance of this contract."

89-7.203-50 Classification.

Insert the clause in §9-7.103-50 under the conditions set forth therein. 89-7.203-51 Patent rights (long form).

Insert the clause set forth in §9-9.107-5(a) under the conditions set forth in §9–9.107–4(a).

§9-7.203–52 Additional technical data requirements.

Insert the clause set forth in §9–9.202-3(c) under the conditions contained in §9–9.202–3(b).

89-7.203-53 Security.

Insert the clause in §9-7.103-53 under the conditions set forth therein.

89-7.203-54 Rights in technical data.

Insert the clause set forth in §9-9.202–3(e)(2) under the conditions contained in §9-9.202–3(e) (1).

$9-7.203-55 Safety and health.

Insert the clause set forth in §9-50.704-2 where appropriate.

§9-7.203-56 Organizational conflicts of interest.

in.

The appropriate clauses contained in §9-1.54 may be used under the conditions set forth there

89-7.203-57 Preservation of individual occupational radiation exposure records.

Insert the clause set forth in §9–50.704-41 where appropriate.

§9-7.203-58 Subcontracting plan for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals.

Insert the clause set forth in §9-1.710-3(c) where appropriate.

§ 9-7.203-59 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 to 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 System Criteria are to be utilized, the Contracting Officer shall provide for this by including the "Cost and Schedule Control Systems Criteria for Contract Performance Measurement-Implementation Guide," Office of the Controller Publication CR-0015, in the solicitation and shall include the following clause in the

contract:

90-139 0-82——14

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 sys-
tems) 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 here-
inafter referred to as the "Guide." Prior to acceptance by the Contracting Offi-
cer 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 pro-
cedures, 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 con-
tractor agrees to provide access to all pertinent records, data, and plans as re-
quested 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 con-
tract. Such systems shall be maintained and used by the contractor in the per-
formance 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.

(e) The contractor shall require that each selected subcontractor, as mutually agreed to between the Government and the contractor and as set forth in the schedule of this contract, meet the criteria for cost and schedule control systems as set forth in subcontract and shall incorporate in all such subcontracts adequate provisions for review and surveillance of subcontractor's systems to be carried out by the prime contractor, or by the Government when requested by either the prime or subcontractor.

§9-7.204 Additional clauses.

This section provides DOE clauses for use as needed.

89-7.204-5 Insurance liability to third persons.

Insert the clause in FPR 1-7.204-5 with the following modification in paragraph (c). Change (c) to (d) and insert a new (c) as follows: "(c) for which appropriated funds are not available, or"

89-7.204-50 Priorities, allocations, and allotments.

The clause in §9-7.104-50 may be used under the conditions set forth therein.

89-7.204-51 Permits and licenses.

The clause in §9-7.104-51 may be used under the conditions set forth therein.

89-7.204-52 Nuclear hazards indemnity.

Insert the clauses set forth in 89-50.704–6, §9-50.704-7 and §950.704-8 where appropriate.

Subpart 9-7.3 Fixed-Price Research and Development Contracts

§9-7.300 Scope of subpart.

This subpart supplements FPR 1-7.3.

§9-7.302 Required clauses.

FPR 1-7.302 sets forth required clauses. This section prescribes modifications to certain of these FPR required clauses and establishes additional DOE required clauses.

§9-7.302-1 Definitions.

Insert the clause and modification set forth in §9-7.102-1.

89-7.302-6 Examination of records by Comptroller General.

Insert the clause prescribed by FPR 1-7.103–3, modified as set forth in §9-7.103–3.

89-7.302-10 Termination for convenience of the Government.

Modify FPR 1-8.701, paragraph (f) or FPR 1-8.704–1, paragraph (d), as set forth in §97.102-19.

89-7.302-22 Notice and assistance regarding patent and copyright infringement.

Substitute the clause prescribed by §9-9.104 under the conditions set forth therein for FPR 1-7.302-22.

89-7.302-23 Patents.

Substitute either of the clauses referenced in §9-7.302-53 in lieu of FPR 1-7.302-23.

89-7.302-29 Pricing of adjustments.

Insert the clause prescribed by FPR 1-7.102-20, modified as set forth in §9-7.102–20.

89-7.302-50 Order of precedence.

Insert the clause set forth in §9-7.102-50.

§ 9-7.302-51 (Reserved)

§9-7.302-52 Authorization and consent.

Insert the clause prescribed by §9–9.102–2 under the conditions set forth therein.

89-7.302-53 Patent rights.

Insert either the clause set forth in §9–9.107–5(a), or the clause prescribed by §9-9.106–6, in accordance with the conditions contained in §9-9.107-4(a).

89-7.302-54 Additional technical data requirements.

Insert the clause set forth in §9-9.202-3(c) under the conditions contained in §9–9.202–3(b).

89-7.302-55 Rights in technical data - long form.

Insert the clause prescribed by §9-9.202–3(e)(2) under the conditions contained in §9-9.2023(e)(1).

89-7.302-56 Reporting of royalties.

Insert the clause prescribed by §9-9.110 under the conditions set forth therein. 89-7.302-57 Printing.

Insert the following clause:

PRINTING

Unless otherwise specified in this contract, the contractor shall not engage in,
nor subcontract for, any printing (as that term is defined in title I of the Gov-
ernment Printing and Binding Regulations in effect on the effective date of this
contract) in connection with the performance of work under this contract, pro-
vided, however, that performance of a requirement under this contract involv-
ing the reproduction of less than 5,000 production units of any one page, or
less than 25,000 production units in the aggregate of multiple pages, will not be
deemed to be printing. A production unit is defined as one sheet, size 81⁄2 by 11
inches, one side only, one color.

89-7.302-58 Federal Reports Act.
Insert the following clause:

FEDERAL REPORTS ACT

(a) In the event that it subsequently becomes a contractual requirement to collect or record information calling either for answers to identical questions from 10 or more persons other than Federal employees, or information from Federal employees which is to be used for statistical compilations of general public interest, the Federal Reports Act shall apply to this contract, No plan, questionnaire, interview guide, or other similar device for collecting information (whether repetitive or single-time) may be used without first obtaining clearance from the Office of Management and Budget (OMB).

(b) The contractor shall request the required OMB clearance from the Contracting Officer before expending any funds or making public contacts for the collection of data. The authority to expend funds and to proceed with the collection of data shall be in writing by the Contracting Officer. The contractor must plan at least 90 days for OMB clearance. Excessive delay caused by the Government which arises out of causes beyond the control and without the fault or negligence of the contractor will be considered in accordance with the clause entitled "Excusable Delays," if such clause is applicable. If not, the period of performance may be extended pursuant to this clause if approved by the Contracting Officer.

OMB CONTROL No.: 1901-0021.

§ 9-7.302-59 Incentive Price Revision Clause (Firm Target).

Include the clause set forth in 9-7.102-56 when a fixed price incentive contract described in FPR 1-3.404-4(a)(2) is used.

89-7.303 Clauses to be used when applicable.

This section prescribes modifications to certain clauses in FPR 1-7.303 and provides DOE clauses which shall be used when applicable, in addition to the clauses in FPR 1-7.303. 89-7.303-7 Government property.

(1) Insert the applicable Government property clause set forth in FPR 1-7.303–7 (a) modified as set forth below:

(a) Modify the second sentence of paragraph (d) to read as follows:

"The Contractor shall establish and maintain a system to control, protect, preserve, and maintain all Government property in accordance with applicable provisions of the DOE Property Management Regulations (DOE-PMR) 41 CFR 109-60 as in effect on the date of the contract."

(b) Modify the first sentence of paragraph (f) to read as follows:

"The Contractor shall maintain and administer, in accordance with sound industrial practice and with applicable provisions of DOE-PMR 109–60, a program for the utilization, maintenance, repair, protection, and preservation of Government property so as to assure its full availablity and usefulness for the performance of this contract."