(2) The substance of the clause at FAR 52.215-25, Subcontractor Cost or Pricing Data-Modifications. 34. ADDITIONAL TECHNICAL DATA REQUIREMENTS 952.227-73 (a) In addition to the technical data specified elsewhere in this contract to be delivered, the contracting officer may at any time during the contract performance or within one year after final payment call for the contractor to deliver any technical data first produced or specifically used in the performance of this contract, except technical data pertaining to items of standard commercial design. (b) The provisions of the Rights in Technical Data clause included in this contract are applicable to all technical data called for under this Additional Technical Data Requirements clause. Accordingly, nothing contained in this clause shall require the contractor to actually deliver any technical data, the delivery of which is excused by paragraph (e) of the Rights in Technical Data clause. (c) When technical data are to be delivered under this clause, the contractor will be compensated for appropriate costs for converting such data into the prescribed form for reproduction, and for delivery. 34. UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS (a) It is the policy of the United States that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency. (b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause. (c) As used in this contract, the term "small business concern" shall mean a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. The term "small business concern owned and controlled by socially and economically disadvantaged individuals" shall mean a small business concern (1) Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and (2) Whose management and daily business operations are controlled by one or more of such individuals. The Contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans and other minorities, or any other individual found to be disadvantaged by the Administration pursuant to section 8(a) of the Small Business Act. (d) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as either a small business concern or a small business concern owned and controlled by socially and economically disadvantaged individuals. 35. UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES 52.219-13 (a) "Women-owned small business," as used in this clause, means businesses that are at least 51 percent owned by women who are United States citizens and who also control and operate the business. "Control," as used in this clause, means exercising the power to make policy decisions. "Operate," as used in this clause, means being actively involved in the day-to-day management of the business. (b) It is the policy of the United States that women-owned small businesses shall have the maximum practicable opportunity to participate in performing contracts awarded by any Federal agency. (c) The Contractor agrees to use its best efforts to give women-owned small businesses the maximum practicable opportunity to participate in the subcontracts it awards to the fullest extent consistent with the efficient performance of its contract. 36. SMALL AND DISADVANTAGED SUBCONTRACTING PLAN 52.219-9 (a) The contractor agrees to comply in good faith with the Small and Disadvantaged Business Subcontracting Plan which is hereby incorporated in and made a part of this contract. In this connection, the contractor shall: (1) Use his best efforts to attain such percentage goals as may be set forth in the plan. (2) Designate an individual who will: (i) Maintain liaison with the Government on matters relating to small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals; (ii) Monitor compliance with the clause entitled "Utilization of Small Business Concerns and Small Disadvantaged Business Concerns", and (iii) Administer the contractor's plan. (3) Provide adequate and timely consideration of the potentialities of small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals in all "make-or-buy" decisions. (4) Assure that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals will, consistent with efficient performance of the contract, have the maximum practicable opportunity to compete for subcontracts, particularly by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation of such concerns. Where the Contractor's lists of potential subcontractors which are small business and small business concerns owned and controlled by socially and economically disadvantaged individuals are excessively long, reasonable effort shall be made to give all such concerns an opportunity to compete over a period of time. (5) Maintain records showing: (i) Whether each subcontractor is a small business concern or a small business concern owned and controlled by socially and economically disadvantaged individuals; and (ii) Procedures which have been adopted to comply with the plan and the policies set forth in this clause. (6) Notify the Contracting Officer before soliciting bids, quotations, or proposals on any subcontract (including purchase orders) in excess of $100,000 if: (i) No small business concern or small business concern owned and controlled by socially and economically disadvantaged individuals is to be solicited, and (ii) The Contracting Officer's consent to the subcontract is required by a "Subcontracts" clause in this contract. Such notification will state contractor's reasons for non solicitation of small business and small business concerns owned and controlled by socially and economically disadvantaged individuals and will be given as early in the procurement cycle as possible so that the Contracting Officer may suggest potentially qualified small business concerns or small business concerns owned and controlled by socially and economically disadvantaged individuals. In no case will the procurement action be held up when to do so would, in the Contractor's judgment, delay performance under the contract and the Contractor's notification shall specify that he is proceeding with the solicitation. (7) Include the clause "Utilization of Small Business Concerns and Small Disadvantaged Business Concerns" in all subcontracts over $10,000 which offer further subcontracting opportunities. (8) Cooperate in any studies or surveys of the Contractor's subcontracting procedures and practices as may be required by the DOE or the Small Business Administration. (9) Submit reports of subcontracts to small and disadvantaged business concerns on such forms as may be specified elsewhere in this contract. (b) The Contractor agrees that failure to comply in good faith with the clause entitled "Utilization of Small Business Concerns and Small Disadvantaged Business Concerns" or the terms of the subcontracting plan incorporated into the contract will be a material breach of the contract and the contract may be terminated in whole or, in part, for default. (c) The contractor further agrees to insert in all subcontracts hereunder (except those with small business concerns) which contain the clause entitled "Utilization of Small Business Concerns and Small Disadvantaged Business Concerns" which offer further subcontracting opportunities, and which may exceed $1,000,000 in the case of a subcontract for the construction of any public facility or in excess of $500,000 in the case of all other subcontracts, provisions which shall conform substantially to the language of this clause, including this paragraph (c), and to notify the Contracting Officer of the names of such subcontractors. (d) The provisions of this clause shall not apply to small business concerns. 37. KEY PERSONNEL 952.235-70 The personnel specified in the schedule clauses of this contract are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the Contracting Officer: Provided, that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The Key Personnel may be amended from time to time during the course of the contract, as appropriate. 38. RECORD RETENTION REQUIREMENTS Participants and subrecipients shall retain records as specified in the General Provisions clause "Access to Records" for a three-year period. This three-year period shall be calculated as follows: (a) If DOE financial assistance support is continued or renewed at annual or other intervals, the retention period for the records of each budget period shall commence on the date the participant submits its Financial Status Report (or equivalent) to DOE, or if the requirement for such an expenditure report has been waived, the retention period shall start 90 days after the completion date of the Cooperative Agreement. (b) Equipment records. The record retention period for the equipment records required by 10 CFR 600.117 starts from the date of disposition or transfer of the property by or at the direction of the awarding party. (c) Program income records. The record retention period for program income earned after the project period shall start on the last day of the participant's fiscal year in which such income was earned or received. All other program income records shall be retained in accordance with paragraph (a) of this clause. (d) Indirect cost computation records. The retention period for supporting records for indirect cost rate computations or proposals submitted to the awarding party or other Federal agency for negotiation starts from date of submission of the proposal or computation. (e) If any litigation, claim, negotiation, audit or other disputed action involving the records has been started before the expiration of the three-year period, the records shall be retained until such actions and all related issues are resolved, or until the end of the regular retention period, whichever is later. (f) DOE may request that records be transferred to its custody. After the records are transferred to DOE, the three-year retention requirement does not apply to the transferred records. (g) Microfilm copies or computer disk may be substituted for original records. (h) The retention requirements for contractor and subcontractor records are as follows: (1) In negotiated contracts whose value is more than $10,000, the participant shall include a clause requiring the contractor to retain |