Page images
PDF
EPUB
[blocks in formation]

8. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT 41 CFR 9-9. 104

5

[blocks in formation]

18. RIGHTS IN TECHNICAL DATA (LONG FORM) 952.227-75

11

19. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 52.222-4

15

20. PATENT RIGHTS (LONG FORM)

41 CFR 9-9.107-5(a)

15

21. PATENT RIGHTS - SMALL BUSINESS FIRMS OR NONPROFIT

ORGANIZATIONS 10 CFR 600.118(b)(1) ..

26

22. MANDATORY PURCHASE OF FLOOD INSURANCE

32

[blocks in formation]

26. SUBCONTRACTS UNDER COST-REIMBURSEMENT AND LETTER

CONTRACTS 52.244-2

35

[blocks in formation]

31. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA 52.215-22 .

49

32. SUBCONTRACTOR COST OR PRICING DATA 52.215-24

49

33. ADDITIONAL TECHNICAL DATA REQUIREMENTS 952.227-73

50

34. UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED

BUSINESS CONCERNS 52.219-8 ...

50

[blocks in formation]

Note to Participant: In these general provisions, the term "Contract or Grant" means Cooperative Agreement, and the term "Contractor or Grantee" means Participant, unless the content of the clause clearly indicates otherwise. The use of the term "subcontractor or subgrantee" in any of the provisions means contractor to the Participant and all tiers of Subcontractor thereunder unless the conditions for use of a provision as set forth in the FAR or DEAR provide otherwise.

1. ORDER OF PRECEDENCE 952.215-18

In the event of an inconsistency between provisions of this agreement, the inconsistency shall be resolved by giving precedence as follows: (a) the Schedule Articles; (b) the General Provisions; (c) the Statement of Work; (d) other provisions of the agreement, whether incorporated by reference or otherwise; (e) the DOE Assistance Rules as they may relate to this agreement.

2. DEFINITIONS 952.202-1

(a) The term "Head of Agency" means the Secretary, Deputy Secretary or Under Secretary of the Department of Energy.

(b) "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

(c) Except as otherwise provided in this contract, the term "subcontracts" includes, but is not limited to, purchase orders and changes and modifications to purchase orders under this contract.

(d). The term "DOE" means the Department of Energy.

3.

INSPECTION OF RESEARCH AND DEVELOPMENT (SHORT FORM) 52.246-9

The Government has the right to inspect and evaluate the work performed or being performed under the contract, and the premises where the work is being performed, at all reasonable times and in a manner that will not unduly delay the work. If the Government performs inspection or evaluation on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

4. ACCESS TO RECORDS 10 CFR 600.25

(a) Recipient records. DOE and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any books, documents, papers, or other records of a recipient that are directly pertinent to the DOE financial assistance award, in order to make audit, examination, excerpts and transcripts.

(b) Subrecipient records. DOE, the Comptroller General of the United States, and the recipient, or any of their authorized representatives, shall have the right of access to any books, documents, papers, or other records of a subrecipient which are directly pertinent to the financial assistance subaward, in order to make audit, examination, excerpts, and transcripts.

contract or subcontract in excess of $10,000 under a grant or cooperative agreement, DOE, the Comptroller General of the United States, the recipient and (if the contract was awarded under a financial assistance subaward) the subrecipient, or any of their authorized representatives shall have the right of access to any books, documents, papers, or other records of the contractor or subcontractor which are directly pertinent to that contract or subcontract, in order to make audit, examination, excerpts, and transcripts.

(d) Duration of access right. The right of access may be exercised for as long as the applicable records are retained by the recipient, subrecipient, contractor, or subcontractor. (See the Record Retentions Clause contained in these General Provisions)

5. CONVICT LABOR 52.222-3

The Contractor agrees not to employ any person undergoing sentence of imprisonment in performing this contract except as provided by 18 U.S.C. 4082(c)(2) and Executive Order 11755, December 29, 1973.

6. OFFICIALS NOT TO BENEFIT 52.203-1

No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit.

7. COVENANT AGAINST CONT I NGENT FEES 52.203-5

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annual this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

« PreviousContinue »