CERTIFICATE OF APPOINTMENT PURSUANT TO AUTHORITY VESTED IN THE UNDERSIGNED AND IN IS HEREBY APPOINTED CONTRACTING OFFICER FOR THE UNITED STATES OF AMERICA FOR SUBJECT TO THE LIMITATIONS CONTAINED WITHIN THE ABOVE--CITED UNLESS SOONER TERMINATED THIS APPOINTMENT IS EFFECTIVE AS LONG Subpart 9-16.50 Contract Outlines §9-16.5000 Scope of subpart. This subpart contains outlines for certain categories of agreements and contracts. §9-16.5001 Applicability. The contract outlines set forth herein are applicable to procurements within the scope of the various categories covered by the outlines. $9-16.5002 Contract outlines. The outlines in this section provide a format, text, and arrangement for a ready source of reference. The outlines are suggested as models. As such, they may be modified locally to meet the circumstances of a particular procurement without being subject to §9–16.051. §9-16.5002-1 Special research contracts (SRC) with educational institutions. Contract No. This contract is effective as of the 19 between the United States of America (hereinafter referred to as the "Government"), acting through the U. S Department of Energy (hereinafter referred to as the "DOE"), and (hereinafter referred to as the "Contractor'). Recitals DOE wishes to have the Contractor perform certain research. This contract states the terms and conditions under which the Contractor agrees to perform the work. This contract is authorized by the Department of Energy Organization Act of 1977 and other applicable law. Agreement Now therefore, the parties hereto agree as follows: Article I The Research To Be Performed (a) The Contractor shall furnish personnel, facilities, equipment, materials, supplies, and services, except such as are furnished by the Government, necessary for the performance of the research provided for in Appendix A and shall perform the research and report thereon pursuant to the provisions of this contract. It is understood that Appendix A, a guide to the performance of this contract, may be deviated from by the Contractor subject to the specific requirements of this contract. (b) This work shall be conducted under the direction of Contractor's staff as may be mutually satisfactory to the parties. or such other member of the NOTE A. The description of the research in Appendix A may be omitted and Appendix A appropriately modified to incorporate, by pertinent references to the proposal or other documents, the type of data necessary to describe the research as called for by Appendix A; and where there is no cost sharing, other features may be referenced in lieu of insertion in Appendix A. In such cases, the referenced material will be retained as part of the permanent contract file. for additional periods by the mutual written agreement of the parties. It is presently expected that this contract will be extended by mutual agreement until_ 19 1 (a) In full consideration of the Contractor's performance hereunder, DOE shall furnish the equipment, supplies, materials, and services, if any, listed in Article A-11(b)(2) and pay the Contractor the sum of $ hereinafter called the Government "Ceiling" which sum shall be subject to adjustments as hereinafter provided. (b) Payments to the Contractor shall equal the "cumulative Government cost" of performance of this contract, as the term "cumulative Government cost" is defined in Article B-XXIX2, provided however, and notwithstanding any other provision of this contract, that the Government's monetary liability under this contract shall not exceed the Government ceiling or an amount equal to the cumulative Government cost, whichever is less. The Contractor shall be obligated to perform under this contract throughout the agreed-upon period of performance, and to bear all costs which DOE has not agreed to pay, provided however, that the Contractor shall have the right to cease to perform the research provided for in this contract, upon written notice to DOE to that effect, at any time, when or after the cumulative Government cost equals or exceeds the Government ceiling. (c) The Government ceiling specified in (a) above may be increased unilaterally by DOE by written notice to the Contractor and may be increased or decreased by written agreement of the parties (whether or not by formal modification to this contract). In the event the stated period of performance is extended, the Government ceiling will be revised to reflect any increased DOE funding for the extended period or periods. (d) Upon termination or expiration of the total period of performance, the Contractor shall promptly refund to DOE (or make such disposition as DOE may in writing direct) any sums paid by DOE to the Contractor under this contract, through direct payment or under letter of credit, in excess of the cumulative Government cost incurred in performance under the contract. 2 The term cumulative Government cost refers to the cost of items under A-ll(a) of Appendix A, for the initial contract period plus any extension period that may be properly chargeable to DOE. If proportionate cost sharing is involved, the cost is DOE's share of such costs, and does not include the cost of items excluded from Article II-(a), such as items to be contributed solely by the Contractor or property to be furnished by the Government. Charges to DOE will be reported after the conclusion of each contract period set forth in Appendix A (generally an annual period); in addition to the limitations on charges to DOE provided for by this Article III, charges to DOE for a specified contract period may not exceed the 110 percent limitation mentioned above as well as to the provisions of this Article III. Article IV-Government Property The following items of property procured or fabricated by the Contractor are hereby listed as “Government Property." (List all property and equipment, title to which is to remain in the Government. Insert the word "none" if title to all of the property is to be vested in the Contractor. If title to property procured or fabricated by the Contractor is to remain in the Government, add appropriate provisions for payment for such property from plant and equipment funds. Such funds should be in addition to, and not a part of, the "Government Ceiling" funds provided under Article III). Article V-Appendices Appendix A, Appendix B – General Provisions, and Appendix C Statement of Costs, are hereby attached to and made a part of this contract. In witness whereof, the parties have executed this contract. Article A-I. Research to be performed by the Contractor. (Insert description of research activity and state the appropriate percentage of time or effort which the principal investigator(s) expects to devote to the work.) Article A-II. Ways and means of performance. The listing under (a), (b), and (c) below should be in a form to permit determination of which items of cost are to be chargeable to DOE or proportionately shared, and which items are to be contributed solely by the Contractor or solely by DOE. The listing should also permit application of the approval requirements of the contract. Excessive detail in listing should be avoided. (a) Items for which funding will be provided as indicated in A-III below. Do not include in this paragraph (a) any items which are to be contributed solely by the Contractor. See §9-4.5107–1(d). (1) Salaries and wages. State total dollar amount. If any stipulated salary support amounts for professional staff members are established in accordance with §9-4.5106-4, the stipulated amounts, along with any limitations or requirements on the use of such stipulated amounts (see §9-4.5106-4(c)} should be provided for in the contract. (2) Equipment to be purchased or fabricated by the Contractor. List equipment to be purchased or fabricated by the Contractor and for which title is to remain in the Contractor and state the total dollar amount budgeted for such equipment. Such equipment may be set forth in general classifications as specifically as possible, if it is not feasible to list them individually. However, any individual piece of equipment, the estimated cost of which is over $1,000 will be separately identified. Except where the contract may otherwise specifically provide, equipment for the purpose of this paragraph A-II shall mean an item of personal property having a useful life expectancy in excess of 1 year and an acquisition cost in excess of $300. (3) Travel. (Show amounts for both foreign and domestic. If none, state none). Domestic Foreign (4) Other direct costs. (5) Indirect costs based on a predetermined rate of percent based on contractor fiscal year(s). Show factor or factors of cost to which rate applies – generally direct salaries and wages. (b) Items, if any, significant to the performance of this contract, but excluded from computation of Government cost and from consideration in proportioning costs. (See §9-4.5107-2(c).) (1) Items to be contributed by the Contractor. In accordance with Article B-II(c), if a proposed Contractor contribution is included in this paragraph (b)(1), the Contractor shall maintain records adequate to permit DOE to determine the extent of the contribution. If the time or effort of the principal investigator(s) is to be contributed by the Contractor and excluded from A-ll(a) and A-ll(b), the contributed time or effort should be listed under A-II(c). (2) Items to be contributed by the Government. |