ML19345H147
| ML19345H147 | |
| Person / Time | |
|---|---|
| Issue date: | 04/16/1981 |
| From: | Babe K, Morton K NRC OFFICE OF ADMINISTRATION (ADM), PENNSYLVANIA STATE UNIV., UNIVERSITY PARK, PA |
| To: | |
| Shared Package | |
| ML19345H144 | List: |
| References | |
| CON-FIN-B-6724, CON-NRC-04-81-168, CON-NRC-4-81-168 NUDOCS 8105010041 | |
| Download: ML19345H147 (7) | |
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12 PA m ENT wiu SE M Cf SY CODE l U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Office of the Controller Attn:
Dr. Jerry Harbour Washington, D. C.
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. NORFOLK, VIRGINIA" PERIOD OF PERFORMANCE:
12 MONTHS FROM 3
EFFECTIVE DATE OF CONTRACT.
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Page 2 of 7 ARTICLE II - PERIOD OF PERF0FJ'ANCE is revised to read:
The performance of work described in ARTICLE I hereof shall commence as of the effective date of this contract and shall continue to completion thereof, estimated to occur within 12 months after said contract is effective.
ARTICLE III - C0flSIDERATION ANS PAYMENT, Paragraph A is revised to read:
A.
Estimated Cost and Oblication 1.
It is estimated that the total cost to the Government for full performance of this contract will be $17,102.00.
This amount shall be a ceiling amount the Contractor shall not exceed without prior written approval of the Contracting Officer.
2.
The amount presently obligated by the Government with respect to this contract is $17,102.00.
ARTICLE IV - OVERHEAD / GENERAL AND ACMINISTRATIVE RATES, Paragraphs A and B are revised to read:
A.
The contractor shall be reimbursed for allcwable indirect costs hereunder at the predetermined rates of 64.3% on campus and 37.2%
off campus applicable to salaries and wages for the period of performance up to twelve (12) months from effective date of contract.
B.
Deleted.
C.
Deleted.
Under ARTICLE VI - KEY PERSONNEL, the following name is added:
Louis Winkler Under ARTICLE VII - TECHNICAL DIRECTION, insert the following name:
Dr. Jerry Harbour Under ARTICLE VIII - PROJECT OFFICER, insert the following name:
Dr. Jerry Farbour Under AftTICLE X - TRAVEL REIMBURSEMENT, the solicitation Article is deleted and replaced by the following:
ARTICLE X - TRAVEL REIMBURSEMENT The contractor will be reimbursed for the following reasonable domestic travel costs incurred directly and specifically in the performance of this contract and accepted by the Contracting Officer:
1.
Per diem shall be reimbursed at a daily rate not to exceed $50.00.
The per diem amount is comprised of lodging expense plus $23.00 for meals and miscellaneous expense.
Pace 3 cf 7 l
2.
When travel is to one of the high-rate geographical areas listed below, actual subsistence cof ts shall be reimbursed at a daily rate not to exceed the rates indicated:
CONNECTICUT:
Hartford - $56.00 New Haven - $63.00 DISTRICT OF COLUMBIA:
Washington, DC - 575.00 MARYLANO:
Baltimore County - $59.00 Montgomery County - $75.00 Prince Georges County - 575.00 MASSACHUSETTS:
Soston (all locations within the counties of Middlesex, Norfolk, and Suffolk) - $66.00 Springfield - $58.00 Worcester - $58.00 HEW JERSEY:
Atlantic City (all locations within Atlantic County ) - $63.00 Eatontown (all locations within Monmouth County) - $56.00 Newark (all locations within Bergen, Essex, Hudson, Passaic, and Union Counties) - S67.00 NEW YORK:
Lake Placid - $56.00 New York (all locations within the Boroughs of the Bronx, Brooklyn, Manhattan, Queens, and Staten Island and the counties of Nassau and Suffolk) - S75.00 Rochester - 563.00 1
Syracuse - $59.00 f
i PENSYLVANIA:
Coatesville - $59.00 Harrisburg - $58.00 Monroeville - S64.00 Philadelphia /Bala Cynwyd - 575.00 l
Pittsburgh - 565.00 Valley Forge / King of Prussia - 558.00 VIRGIN!A:
XTexandria - $75.00 Fairfax - 575.00 Falls Church - S75.00 Arlington County - S75,00 Fairfax County - $75.00 Loudoun County - S75.00 3.
The cost of traval by privately owned automobile shall be reimbursed.
at the rate of 22.56 per mile.
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The cost of travel by rented automobile shall be reimbursed on a reasonable actual expense basis.
5.
All common carrier travel reimbursable hereunder shall be via economy class rates when available.
If not available, reimbursement vouchers will be annotated that economy class accommodations were not available.
First-class air travel is not authorized.
6.
Receipts are required for common carrier transportation, lodging and miscellaneous items in excess of $15.00.
Additional guidance is furnished by FPR l-i.323-3.
Under ARTICLE XI-GEtlERAL PROVISIO:lS/ALTERATI0 tis, the General Provisions, entitled, " Cost Type Research and Development Centracts with Co=arcial Organizations" dated 2/6/30 is her1by deleted and replaced by the General Provisions, entitled, " Cost Type Research and Development Contracts with Educational Institutions" dated 2/15/78.
The folicwing clauses are deleted in their entirety from the General Provisions:
1.
Article fio. 41 " Key Personnel."
2.
ArticTe fio. 46 "Cor.sultant or Comparable Employment Services of Contractor Employees."
3.
Article rio. 51 " Contractor Procurement."
4.
Article tio. 56 " Dissemination of Contract Information."
The following clause is added to the above General Provisions:
Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Ofsadvantaged Individuals (FFP. Temp Reg. tio. 50)
(a)
It is the policy of the United States that small business concerns and small business concerns cwned and controlled by socially and economically disadvantaged individuals shall have the naximum practicable opportunity to participate in the performance of 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 the efficient The contractor further agrees to cooperate in performt.nce of this contract.
any studies or surveys that may be conducted by the Small Business Administra-tion or the contracting agency which may be necessary to determine the extent of the contractor's compliance with this clause.
The term "small business concern" shall mean a small business (c) (1) as defined pursuant to Section 3 of the Small Business Act and in relevant re;ulations promulgated pursuant thereto.
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a Page 5 of 7 The term "small business concern owned and controlled by socially (2) and economically disadvantaged individuals" shall mean a small business concern -
(i) which is at least 51 per centum cwned by one or nore socially and economically disadvantaged individuals; or in the case of any publicly cuned business, at least 51 per centum of the stock of which is cwned by one or more socially and econcaically disadvantaged individuals; and (ii) 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 Amaricans, Hispanic Americans, Native Americans, and other minorities, or any other individual found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business.Act.
Contractors acting in good faith cay rely on written representations by their subcontractors as either a small business concern or a small business concern owned and controlled by socially and economically disadvantaged individuals.
The title for Article No. 35 " Negotiated Overhead Rates - Predetermined (1-3.704-2(c)) is hereby changed to " Negotiated Overhead Rates -
Predetermined (1-3.704-2(b)).
Article No. 21 " Patents (1-9.107-5(a)) is deleted in its entirety from the General Provisions and the following clause is substituted in lieu thereof:
Article No. 21 " Patents (1-9.107-6(a))
(a) Definitions.
Subject, Invention" means any invention or discovery of the Contracter conceived or first actually reduced to practice in the course of or under this contract, and includes any art, method, process, machine, ;anufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant which is or may be patentable under the Patent Laws of the United States of Marica or any foreign country.
(b) invention dis' closures and reports.
(1) The Contractor shall furnish the Contracting Officer:
(i) A complete technical disclosure for each Subject Invention, within 6 months after conception or first actual reduction to practice, whichever occurs first in the course of or under the contract, but in any event prior to any on sale, public use, or publication of the invention known to the Contractor.
The disclosure shall identify the contract and inventor, and shall be sufficiently complete in technical detail and appropriately illustrated by sketch or diagram to convey to one skilled in the art to which the invention pertains a
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clear understanding of the nature, purpose, operation, and to the extent known, the physical, chemical, biological, or electrical characteristics of the invention; (ii) Interim reports at least every 12 months from the date of the contract listing Subject Inventions for the period and certifying that all Subject Inventions have been disclosed or that there are no such inventions and (iii) An acceptable final report within 3 months after completion of the contract work, listing all Subject Inventions or certi-fying that there were no such inventions.
(2) The Contractor agrees that the Government may duplicate and disclose Subject Invention disclosures and all other reports and papers furnished or required to be furnished pursuant to this clause, (c) Allocation of principal rights.
(1) The Contractor agrees to assign to the Governrent the entire right, title, and interest throughout the world in and to each Subject Invention, except to the extent that rights are retained by the Contractor under paragraphs (c)(2) and (d) of this clause.
(2) The Contractor or the employee-inventor with authorization of the Contractor may retain greater rights than the nonexclusive license provided in paragrapa (d) of this clause in accordance with the procedure and criteria of 41 CFR l-9.109-6.
A request for a determination of whether the Contractor or the employee-inventor is entitled to retain such greater rights must be submitted to the Contracting Officer at the time of the first disclosure of the invention pursuant to paragraph (b)(1) of this clause, or not later than 3 months thereafter or such longer period as may be authorized by the Contracting Officer for food cause shown in writing by the Contractor.
The information to be submitted for a greater rights determination is specified in 41 CFR l-9.109-6.
Each determination of greater rights under this contract shall be subject to the provisions of paragraph (c) " Minimum rights acquired by the Government" of the clause in 41 CFR 1-9.107-5(a), and to the reservations and conditions deemed appropriate by the agency.
(d) Minimum rights to the Contractor. The Contractor reserves a revocable, nonexclusive, royalty-free license in each patent application filed in any country on a Subject Invention and any resulting patent in which the Government acquires title.
Revo-cation shall be in accordance with the procedure of the clause in 41 CFR l-9.107-5(d) (2) and (3).
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u, s.a Page 7 of 7 St (e) Employee and Subcontractor agreements. Unless otherwise authorized in writing by the Contracting Officer, the Contractor shall:
(1)
Obtain patent agreements to effectuate the provisions of this clause from all persons who perform any part of the work under this contract except nontechnical personnel, such as clerical employees and manual' laborers; (2)
Insert in each subcontract having experimental, developmental, or research work as one of its purposes provisions making this clause applicable to the Subcontractor and his employees; and (3)
Promptly notify the Contracting Officer of the award of any such subcontract by providing him with a copy of the subcon-tract and any amendments thereto.
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