ML20032A502
| ML20032A502 | |
| Person / Time | |
|---|---|
| Issue date: | 09/23/1981 |
| From: | Morton K, Thomas T NRC OFFICE OF ADMINISTRATION (ADM), SHEFFIELD, UNIV. OF, SHEFFIELD, UNITED KINGDOM |
| To: | |
| Shared Package | |
| ML20032A499 | List: |
| References | |
| CON-FIN-B-6320, CON-NRC-04-78-246, CON-NRC-4-78-246 NUDOCS 8110300211 | |
| Download: ML20032A502 (17) | |
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f (lodificationNo. 5 Supplemental Agreement to Contract No. NRC-04-78-246 CONTRACT BETWEEN THE UNIVERSITY OF SHEFFIELD AND THE U. S. NUCLEAR RLGULATORY COMMISSION THIS AGREEMENT, effective the 1st day of Jcnuary,1981, by and between the UNITED STATES OF AMERICA (hereinafter referred to as the " Government"), as represented by the U. S. NUCLEAR REGULATORY COMMISSION (hereinaf to as the " Commission"), and THE UNIVERSITY OF SHEFFIELD, a nonprofit educa-
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tional institution existing under the laws of the United Kingdom with its principal office in Sheffield, United Kingdom (hereinaf ter referred to as the "Contracto r"),
WITNESSETH THAT:
UHEPEAS, the Commission desires to have the Contractor perform certain resea work, as hereinafter provided; and WHEREAS, this agreement'is authorized by law, including the Energy Reorganiz Act of 1974, as amended, and the Atomic Energy Act of 1954, as amended.
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE I - THE RESEARCH TO BE PERFORMED _
The Contractor shall to the best of its ability, furnish personnel, facilities, equipment, materiais, supplies, and services except such as are furnishe (a) the Government, necessary for the performance of the research set forth in Appendix A hereto, and shall perform the research and report thereon pu to the provisions of this contract.
This work shall be conducted under the direction of D (b) to the parties.
ARTICLE II - THE PERIOD OF PERFORMANCE _
The period of performance under this contract shall commence on Janua and expire on December 31, 1981.
N ARTICLE III
_ CONSIDERATION
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In full consideration of the Contractor's performance hereunder, the Commis provided, however, that at the shall pay the Contractor the sum of $45,200.00 expiration of the contract period, the Contractor will refund to the Comm or will make such disposition as the Commission may, in writing, otherwise in any part of the Consideration, which has not been expended by the Contrac the performance of the work under this contract.
8110300211 810923 PDR CONTR NRC-04-78-246 PDR
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( Modification tio. 5 bu pplemental Agreement to Contract flo.14RC-04-78-246 Page 2 of 4 ARTICLE IV - GOVERttMEf4T PROPERTY The following items of property procureder fabricated by the Contractor are hereby listed as " Government property":
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ARTICLE V - STOP WORK ORDER 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 e period of ninety (90) days after the order is delivered to the Contractor, and for any further period to which the parties r:ay agree.
Any such order shall be specifically identified as a Stop Work O pursuant to this clause. forthwith comply with its terms and take all reasonable step incurrence of costs allocable to the work covered by(the order during the90) da Within a period of ninety Order is delivered to the Contractor, or within any extension of that period period of work stoppage.
to which the parties shall have agreed, the Contracting Officer shall either:
(i) Cancel the Stop Work Order, or Terminate the Work covered by such order as provided in the
-" Default" or the " Termination for Convenience" clause of this (ii) contract.
If a Stop Work Order issued under this clause is cancelled or the period of the An order or any extension thereof expires, the Contractor shall resume work.
equitable adjustment shall be made in the delivery schedule or contract price or both, and the contract shall be modified in writing accordingly, if:
The Stop Work Order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance (i) x of any part of this contract, and The Contractor asserts a claim for such adjustment within thirty (30) days after the end of the period of work stoppage provided that, if (ii) the Contracting Officer decides the facts justify such payment under this contract.
If a Stop Work Order is not cancelled and the work covered by such order is terminated for the convenience of the Government, the reasonable costs result from the Stop Work Order shall be allowed in arriving at the termination settle-ment.
If a Stop Work Order is not cancell'ed 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.
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r flodification ro. 5 Supplemental Agreement to Contract:No. NRC-04-78-246' Page 3 of 4 ARTICLE VI - WORK FOR OTHERS Notwithstanding any other provision of this contract, during the term of this
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contract, the Contractor agrees to forego entering into consulting or other con-tractual arrangements with any firm or-organization, the. result of which may give t
rise to an actual or apparent conflict of interest with respect to the work being
' performed under this contract.
The Contractor shall insure that all employees who are empicjed full time under this contract and employees designated as key e
p:rsonnel, if any, under this contract abide by the provision of this clause.
If the Contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or-organization.
may involve a possible conflict of interest, the Contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.
ARTICLE VII - REPORTS (a)
Reporting of results will be accomplished as follows:
1.
Quarterly progress reports will provide summary information and data.
2.
Complete data reports will be issued on all measured quantities.
Data
. reporting will be as fundamental as possible although calibrated values should be presented with the calibration of equipment reported as topical.
reports.,
3 Topical Reports will be issued as significan't phases are completed.
A summary index of all issued reports will be included with each quarterly
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report.
Only a reproducible master and one copy of each report need to be air mailed to (b) the.NRC for reproduction and further distribution within the United States.
ARTit E VIII'- APPENDICES Appendix A - Research to be Performed by Contractor, Appendix B - General Provisions, Fixed Price Contracts With Foreign Educational Institutions, which are incorporated herein by reference and made a part hereof.
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Modif'ication No. 5
. St.oplemental Agreement to Contract flo. NRr 94-78-246
~ Page No. 4 of 4 IN WITNESS WHEREOF, the parties have executed this document.
UNITEDS}ATESOFAMEF.CA
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BY:
y cum t
t Kellogg Vjj Mor' ton, Chief Research C6ntracts Branch (title)
Nuclear Regulatory Comission THEUNIVERSITYOFSHEFFIID n
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' BY :'
- .a. na=u Director of Finance (title)
I, C.V. Eic! cad
, certify that I am tFe (attester) hat:crer. Accountent of the Contractor named (title) under this document; that T.A. Tiim (signatory) who signed this document on behalf of said Contractor was then i
Direciar of nn:nce of said Contractor; that N
this document was duly signed for and on behalf of said Contractor by l
authority of its governing body and is within the scope of its legal l
l powers.
IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said Contractor.
h
, Mhd G.U. Richnond I
(SEAL)
Eccar,c= enc Accountan L
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i, APPENDIX A-
. RESEARCH TO BE PERFORHED BY CONTP. ACTOR' The scope of the work under this contract is unclassified and shall be in accordance with the work set-forth~ in the Contractor's -proposal entitled.
" Damage and.Intergrity Aspects of; Safety _-in Nuclear Plant Subjected to. Creep i
and Fatigue," which proposal 'is incorporated. by reference and nade a part.
The work shall be funded ^ and performed on an annual: basis Lover the
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hereof.
. proposed six year _ life of the contract
.The Contractor shall: complete performan C of the work, initiated in the prior period of this contract.
Such unexpenceo funds as may remain from that-period may continue to be used in the completion of such work.
This contract involves the development, construction and. utilization of a biarial test facility for creep and fatigue studies at elevated tempera--
A compatible test specimen with an uniform biaxial strain region
'has been developed and is being used in the evaluation of the initiation tures.
and growth of cracks in various biaxial stress states. ' Qualification and quantification of strain measurement in the test region have been completed Suitable and a number of tes'ts have been completed at room temperature.
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heater and thermal controls have been-constructed, checked out and supplied Elevated temperature tests will be conducted in.this i
with extensometry.
Testing to date has been conducted on l
year segment of the contract. archival 316S5 (supplied by ORNL) which has a larg An additional commercial heat of 316SS is on hand.
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l obtained on DOE programs.
at Sheffield which was supplied by EPRI and will be compatible with licensing.
requirements.
The experimental program has provided crack propagation rates in uniaxial,.
Continua-L equibiaxial a'nd pure shear states of stress at room temperature. biaxial out-of-~ phase lo tion of the program will provide data for:
temperature effects, fatigue crack propagation interaction with creep, and l
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'The ana-comparison of the archival hest'of 316SS with a commercial heat.
lytical portion of the program will resolve the above data -into forms l
applicable to the definition'of design rules for the application of 316SS j
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et elevated temperatures.
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.I APPENDIX B-GENERAL PROVISIONS FIXED PRICE CONTRACTS WITH FOREIGN
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EDUCATIONAL INSTITUTIONS e:
_ ARTICLE _
TITLE PAGE B-I DEFINITIONS l'
B-II I'.iSPECTION, REPORTS, RECORDS, AND ACCOUNTS 1
B-III PUBLICATION OF RESULTS 1
B-IV DISCLOSURE OF INFORMATION
.2 B-V-RESPONSIBILITY FOR THE WORK
-2 B-VI WRITTEN MAIERIAL 2
B-VII PATENTS 3
B-VIII PROPERTY ITEMS 4
B-IX TERMINATION FOR CONVENIENCE OF THE GOVERNMENT 5
B-X PAYMENTS 7
B-XI DISPUTES
.B B-XII OFFICIALS NOT TO BENEFIT 8
COVENANT AGAINST CONTINGEh7 FEES S
B-XIII EXAMINATION OF RECORDS 8
B-XIV B-XV ASSIGNMENT; SUBCONTRACTING-9-
I-XVI REPORTS AND RENEWAL PROPOSALS 9
A B-XVII PAYMENT OF INTEREST ON CONTRACTORS' CLADis 10 3-XVIII PREFERENCE FOR U. S. FLAG AIR CARRIERS 11 P
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APPENDIX B - GENERAL PROVISIONS FIXED PRICE CONTRACTS WITH FOREIGN EDUCATIONAL INSTITUTIONS U. S. Nuclear Regulatory Co==ission ART ~.CLE B-I.
DEFINITIONS (a) The term "Co==ission" or "NRC" means the U. S. Nucicar Regulatory Co==ission e any duly authorized representative thereof, including the Contracting Officer except for the purpose of deciding an appeal under the article entitled "Dispt (b)
The term " Contracting Officer" means the person executing this contract on behalf of the Covern=ent and includes his successors or any duly authorized representative of any such person.
(c)
Except as otherwise provided in this contract, the term " subcontracts"-includc purchase orders under this contract.
ARTICLE B-II INSPECTION, REPORTS, RECORDS, AND ACCOUNTS (a)
The Co==ission shall have the right to inspect, in such canner and at all resaonable times as it deens appropriate, all activities of the Contractor arising in the course of its undertakings under this contract.
(b)
The Contractor shall cake progress and other reports in such canner and at such ti=es as specified in Article B-XVI.
The Contractor shall also take such cther reports to the Co==ission, with respect to its activities under this contract, as the Co==ission may reasonably require from time to time.
(c)
The Contractor agrees to keep records and boo'ks of account, in accordance with generally accepted accounting principles and practices, covering its costs and expenditures for the research work under this contract.
(d)
The Co==ission shall at all reasonable tL s be afforded access to the premises, and to these books and records and to related correspondenec, receipts, vouchers, memoranda, and other data of the Contractor; and the Contractor shall preserve such books and papers, without additional co=pensation therefor, in accordance with the retention requirements referenced in Article B-XIV, Examination of Records, of this contract.
ARTICLE B-III PUBLICATION OF RESULTS (a)
Research results obtained under this contract shal3 be made available to all through nor=al and accepted channels without restriction except that no Restricted Data as defined in the Atomic Energy Act of 1954, as amended, or other classified infor=ation shall be disclosed to unauthorized persons.
Published results shall indicate that the research was supported by the Co==ission.
A copy of each article subettted by the Contractor for pub-lication shall be pro =ptly sent to the Co==ission.
The Contractor shall also infor= the Co==ission when the article is published and furnish six copies of the article as finally published.
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N.ndix B age No. 2 (b)
It is recognized that during the course of the vork hereunder er. subsequent thereto, the Contractor, its employees, or its subcontractors, may from time to, time desire to publish, within the limit of security requirements, informat.
regarding technical or scientific developments arising in the course of the contract. 'In order that public disclosure of such information will not advers affect'the patent interest of the Commission, such information shall be withheld from public disclosure if it discloses an-invention or discovery; sue
_4 invention or discovery shall be promptly. reported to the Co= mission for patent review'and possible filing of a patent application, and such infor=ation shall thereafter be withheld from public disclosure for a period of four months e
unless the Commission approves earlier release.
ARTICLE B-IV DISCLOSURE OF INFORMATION (a)
It is mutually expected that the activities under this contract Eill not involve Restricted Data or other classified information or material.
It is understood, however, that if in the opinion of either party.this expectation changes prior to the expiration or termination of all activities under this contract, said party shall notify the other party accordingly in writing without delay.
In any event, the Contractor shall classify, safeguard, and otherwise act with respect to all Restricted Data and other classified inforcation and material, in accordance with applicable law and the requiremen*
of the Co= mission, and shall pro =ptly inform the Co=rission in writing if and when Restricted Data or other classified infor=ation or naterial becones involv,cd.
If and when inv,olved, or in the mutual judgment of the parties it appears likely that Restricted Data or o*her classified information or
=aterial =ay become involved, the Contractor shall have the right to ter=inate perfor=ance of the work under this contract and in such event the provisions of this contract respecting ter=ination for the convenience of the Govern =ent shall apply.
(b)
Ihe Contractor shall not per=it any individual to have access to Restricted Data, or other classified infor=ation, except in accordance with the Atreic Energy Act of 1954, as amended, and the Cc= mission's regulations or requirement (c) The term " Restricted Data" as used in this article ceans all data concerning the design, manufacture or utilization of atomic veapons, the production of special nuclear material, or the -se of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section 142 of the Atomic Energy Act of 1954, as amended.
ARTICLE B-V P.ESPONSIBILITY FOR THu WORK (a)
The Contractor is solely responsible for the conduct of the work.
(b)
In instances wb are the carrying out of the contract work involves a'Nucicar Regulatory Co= mission license; the provisions of the pertinent license shall prevail over any inconsistent provisions of this contract.
ARTICLE B-VI WRITTEN MATERIAL (a)
The Contractor hereby grants to the Government a royalty-free, nonexclusive, irrevocable license to reproduce, translate, publish, use and dispose of,
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.ppendix B Page No. 3 and to authorize others to do so, all copyrightable noterial produced or co= posed or delivered to the Government or its designees under this contract, including work not first produced or composed by' the Contractor in the course
' of performance under this contract but incorporated in the caterial produced or composed or delivered under this contract -(but only to the extent, that the Contractor now has, or prior,to final settlement of the contract may have, tne right to grant such license to such previously produced or composed work without beco=ing liable to pay co=pensation to others solely because of
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such grant).
(b) The Contractor agrees that, except as the Co==ission cay otherwise specifica1.
authorize in writing, the Cantractor will not include in any report or other caterial delivered under this contract, or in any published caterial relating to the work under this contract, any copyrighted material owned by others whis such owners have not consented to have so included.
(c) The Co==ission will not publish in advance of. the Centractor's publication without prior consultation with th'e Contractor.
ARTICLE B-VII PATENTS' (a) Whenever any invention, discovery, improvement, or innovation is =ade or conceived by the Contractor or its e=ployees in the course of or under this contract, the Contractor shall pro =ptly furnish the Co==ission a written report containing full and ce=pleta technical information thereon; and the Co= mission shall have the sole power to determine whether or not and where a patent application shall be filed, and to deter =ine the disposition of the title to and the rights in and to any invention or discovery and any patent application or patent that may result.
Provided, however, that the Contracte:
in any event, shall retain at least a non-exclusive, revocable, royalty-free license under said inventio, discovery, improvement, innovation, patent application, cr patent.. Subject to the license retained by the Contractor, at provided in this paragraph, the judgment of the Co= mission on these catters shall be accepted as final; and the Contractor, for itself and for its e= ploys agrees that the inventor or inventors will execule all docu=ents and do all things necessary or propar to carry out the judgment of the Co= mission.
(b) No clai= for pecuniary award or compensation under the provisions of the Atomic Energy Act of 1954, as amended, shall be asserted by the Contractor or l
its e=ployees with respect to any invention or discovery made or conceived in the course of or under this contract.
(c) Except es otherwise authorized in writing by the Cocsission, the contractor will obtain patent agreements to effectuate the purposes of paragraphs (a).
and (b) of this article from all persons who perform any part of the work undt i
this contract, except such clerical and canual labor personnel as will not has access to technical data.
(d) Except as otherwise authorized in writing by the Cocsission, the Contractor will insert in all subcot.cracts and purchase orders other than purchase orders j
for stand.ard commercial items, provisions making this article applicable to the subcontract or the purchase order.
Except as otherwise authorized in writ j
by the Co==ission, the Contractor will insert in purchase orders for standard j
commercial items a provision indemnifying the Government against liability for L
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,,endix B
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Page No. 4 the use of any invention or discovery and for the infringement of any Letters Patent arising by reason of the purchase, or disposal by or for the account of the Government of items manufactured or supplied under the purchase order.
(e) With respect to any U. S. Patent Application filed by the Contractor on any contract invention or discovery made or conceived in the course of the contrai the Contractor will incorporate 'in the firs,t paragraph of the U. S. Patent Applicaticn the following statement:
"The invention described herein was made in the course of, or under, a contract (if desired, may substitute contract with identifying nu=ber) with the U. S. Nuclear Regulatory Co= mission."
ARTICLE B-VIII PROPERTY 1TEMS (a)
Except as otherwise provided in this paragraph (a) and paragraph (b) of this Article B-VIII, title to all materials, supplies, and equipment purchased or othu_ ise acquired by the Contractor in the performance of its research activi shall be and remain in the Contractor.
Said materials, supplies, and equip =er shall be used for the benefit of research under this contract and any extensic or successor contracts hereto and, provided there is no interference with saic' research, shall be =ade available for use by investigators working on any Federal research agreement at the same location.
Subject to these priori *;ies, the materials, supplies, and equipment may be used as the Contractor wishes.
Except as otherwise agreed in writing, title to any ite=s of property listed as 'Gover==ent property" shall pass directly to the Govern =cnt; such property sball be subject to paragraphs (b), (c), (d), (e), and (f) of this Article I -VIII.
(b)
Subject to the mutual agreement of the Co= mission and the Contractor, the Government may furnish the Contractor items of equipment, materials, supplies, or facilities for use by the Centractor in the performance of the contract work; title to these items shall remain in the Govern =ent unless otherwise agreed in writing. Such items of property and'the items of property listed elsewhere in this contract as Government property, are hereinafter referred to as " Government property".
Title to Govern =ent property shall not be affect l
by the incorporation or attachment theteof to any property not owned by the Govern =ent nor shall any such property, or any part thereof, be or become a fixture or lose its identity as personalty by reason of affixation to any realty.
l (c)
To the extent practicable, the Contractor shall cause all items of Government property to be suitably marked with an identifying mark or sy=bol indicating that the items are the property of the Government.
The Contractor shall maint at all times and in a manner satisfactory to the Co= mission records showing the use and disposition of Government property.
Such records shall be subject to Co= mission inspection at all reasonable times and the Co==ission shall at all reasonable times have access to the premises wherein any ite=s of Governme property are located. Unless otherwise authorized in writing by the Co=missio the Contractor shall use Government property only for the purposes of this contract: Provided, hewever, That the Contractor is hereby authori:cd to use items of equipment constituting Government property for other Federal research agrec=ents to the extent such use (1) does not interfere with its work under
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(. I andix B Page No. 5 this contract, (2) is not prohibited by provisions of the other Federal agree =ents, und.(3) is pro =ptly reported by the Contractor to the Co==ission undet this contract.
1 (d) The Contractor shall promptly notify the Co= mission of any loss or destructic of or damage to Government property.
It is understoed that the Contractor st not be liable for any such loss, destruction, or damage, unless same results from wilful misconduct or lack of good faith on the part of the Contractor's repres'entatives having supervision o:: direction of all or substantially all of the activities under this contract.
If the Contractor is liable for any such loss, destruction, or damage, it shall promptly account therefor to the satisfaction of the Co==ission; if the Con:ractor is not liable therefor, and is inde=nified, rei=bursed, or otherwise co=pensated for such loss, destructi or da= age, it shall pro =ptly account therefor to the satisfaction of the Co==ission.
(e) With the written approval of the Co= mission, the Contractor may sell, transfe or otherwise dispose of items of Government property to such parties and upon such terms as so approved, or itself acquire title to items of Govern =ent pre upon such terms as =ay be mutually agreed upon in writing by the Contractor a the Co==ission.
The proceeds of any such disposition, and any agreed price o any such Contractor acquisition, shall be paid by the Contractor to the Gover or credited on account of Co= mission payments to be made under this contract, as the Co= mission may direct.
Subject to the other provisions of this contra the Contractor chall deliver Government property to the Co= mission upon reque (suit ~ ably packed and shipped at the Government's expense).
(f)
The Contractor shall utilize for the benefit of the work under this contract items of property available to the Contractor by reason of its activitier und other Federal research agreements as are appropriate for utilization under th contract pursuant to the provisions of the pertinent Federal agree =ents.
ARTICLE B-IX TEPMINATION VOR CONVENIENCE OF TEE GOVERNMENT (a) The performance of work under this contract =ay be terminated, in whole or fr time to time in part, by the Government whenever for any reason the Contracti Officer shall determine that such ter=ination is in the best interest of the Govern = ant.
Termination of work hereunder shall be effected by delivery to l.
the Contractor of a Notice of Termination specifying the extent to which per-formance of work under the contract is tcrninated and the date upon which suc' ter=ination beco=es effective.
l (b) Af ter receipt of the Notice of Termination, the Centractor shall cancel his l
outstanding co==itments hereunder covering the procurer.ent of materials, supp.
equipment, and miscellaneous items.
In addition, the Contractor shall exerci all reasonable diligence to acco=plish the cancellation or diversion of his outstanding co==itments covering personal services and extending beyond the date of such termination tc the excent that they relate to the perfor=ance of any work terminated by the notice.
With respect to such canceled co==it=ents the Contractor agrees to (1). settle all outstanding liabilities and all clai=
t arising out of such cancellation of co=mitments, with the approval or ratific:
of the Contracting Officer, to the extent he may require, which approval or ratification shall be final for all purposes of this article, and (2) assign to the Government, in the manner, at the time, and to the extent directed by L
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the Contracting Officer, all of the right, title, and interest of the Contract under the orders and subcontracts so terminated, in which case the Government shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such-orders and subcontracts.
i (c) The Contractor shall submit his termination claim to the Contracting Officer
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promptly after receipt of a Notice of Termination, but in'no event later than one year from the effect.ive date thereof, unless one or more extensions in eriting are granted by tne Contracting Officer upon written request nf the Contractor within such one-year period or authorized extension thereof. Upon failure of the Contractor to submit his termination claim within the time allo the Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this-contract, determine, on the basis of information available to him the amount, if any, due to the Contractor by reason of the ter=ination and shall thereupon pay to the Contractor the amount so determined.
(d) Any deter =ination of costs under paragraph (c) shall be governed'by the cost principles set forth in Subpart 1-15.3 of the Federal Procurement Regulations (41 CFR l-15.3), as in effect on the date of this contract.
(e)
Subject to the provisions of paragraph (c) above, a. I subject 'to any reviev required by the contracting agency's procedures in effect as of the date of execution of this contract, the Contractor and the Contracting Officer =ay agree upon the Vhole or any part of the amount or a=ounts to be paid to the Contractor by reason of the termination under this article, which a=ount or amounts may include any reasonable cancellation charges thereby incurred by the Contractor and any reasonable loss upon outstanding co=mitments fot personal serv 1ces which he is unable to canec1: Provided, however, That in connection with any outstanding co==itments for personal services which the Contractor is unable to cancel, the Contractor shall hava exercised reasonable diligence to divert such co==itments to his other activities and operations.
Any such agreement shall be echodied in an amendment to this contract and the Contractor shall be paid the agreed amount.
(f)
The Government may from time to tize, under such terms and conditions as it ma, prescribe, make partial payments against costs incurred by the Contractor in connection with the terminated portion of this contract, whenever, in the opinion of the Contracting Officer, the aggregate of such payments is within the amount to which the contractor vill be entitled hereunder.
If the total of such payments is in excess of the enount finally agreed or determined to be due under this article such excess ; hall be payable by the Contractor to the Government upon demand: Provided, That if such excess is not so paid upon demand, interest thereon shall be payable by the Contractor to the Government at the rate of 6 percent per annum, beginning 30 days from the date of such demand.
(g)
The Contractor agrees to tran'sfer title to the Government and deliver in the manner, at the times, and to the extent, if any, directed by the Contracting Officer, such information and items which, if the contract had been ccepleted, would have been required to be furnished to the Government, including:'
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.idix B sge No. 7 (1)
Co=pleted or parcially completed plans, drawings, and information; and (2), P.aterials or equipment produced or in process or acgaired in connection with the perfermance of the work terminated by the notice.
Other than the above, any ter=ination inventory resulting from the termination of the contract may, with the written approval of the Contracting Officer, be t
sold or acquired by the Contractor under the conditions prescribed by and at a price or prices approved by the Contracting Officer. The proceeds of any such disposition shall be applied in reduction of any pay =ents to be made by the Government to the Contractor under this contract or shall otherwise be credites to the price or cost of work covered by this contract or paid in such other manner as the Contracting Officer may direct.
Pending final disposition of property arising from the termination, the Contractor agrees to tuke such actie as may be necessary, or as the Contracting Officer may direct, for the protect; and preservation of the property related to this contract which is in the possession of the Contractor and in which the Govern =ent has' or may acquire an interest.
(h)
Any disputes as to questions of fact which may arise hereunder shall be subject to the " Disputes" article'of this contract.
ARTICLE B-X PAYMENTS (e)
The Copsission shall cake payments to the Contractor with respect to the a=ount of consideration prescribed in Article III of this contract as follows:
(1) 45% - following execution of this contract.
(2) 45% - upon subsequent receipt of written request from the contractor when the Contractor determines the amount requested is then required in connection with work t-ier the contract.
(3) 10% - following sub=ission by the Contractor of the annual progress report or final report provided for in Article B-XVI, in form and content satisfactory to the Co==ission, within a reasonable period of time following the expiration of an annual contract period.
(b)
The pa =cnts cade pursuant to paragraph (a) above shall not preiudice or otherwise affect adversely any of the Government's rights under the contract.
For purposes of settlement in the event of termination pursuant to Artic;-
B-IX hereof, these payments shall not be construed as evidentiary or othels -;c indicative of the amount or proportion of the work accually performed by the Contractor, and any excess payment in the light of Article B-IX shall be promptly returned to the Crcaission.
(c)
All pay =ents under this contract, except the payment provided for in paragraph (a)(1) above, vill be subject to the submission by the Contractor to the C'o==ission of such invoice or vouchers as are satisfactory to the Co==ission.
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- ,.ndix B Page No. 8 ARTICLE B-XI DISPUTES (c)
Except as otherwise provided in this contract, any dispute concerning a questi of fact arising under this contract which is not disposed of by agreement shal be decided by the Contracting Officer, who shall reduce his decision to writin and mail or otherwise furnish a copy thereof to the Contractor.
The decision of the Contracting Officer shall be final and co clusive unless within thirty
(
days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Co=miss The decision of the Co= mission or its duly authorized representative for the e
determination of such appeals shall be final and conclusive unless deter =ined by a court of competent jurisdiction to have been fraudulent, or capricious, o A-arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence.
In connection with any appeal proceeding under this article, the Contractor shall be afforded an opportunity to be hear and to offer evidence in support of its appeal.
Pending final decision of a dispute hereunder, the Contractor shall proceed with the Contracting Officer decision.
(b)
This " Disputes" ar'ticle does not preclude consideration of lav questions in connection with decisions provided for in paragraph (a) above; Provided, That nothing in this contract shall be construed as making final the decision of an, administrative official, representative, or board en a question of law.
ARTICLE B-XII OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident ce=missioner, shall be ad=itted t.
cny share or part of this contract or to any benefit that may arise therefrem; but provision shall not be construed to extend to this contract if made with s corporat:
for its general benefit.
ARTICLE B-XIII COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been e= ployed or retai:
to solicit or secure this contract upon an agreement or understoc31ng for a co==iss:
p:rcentage, brokerage, or contingent fee, excepting bona fide employees or bona tidt established co=mercial or selling agencies maintained by the Contractor for the pur; o,f securing business.
For breach or violation of this warranty the Government shal.'
hnve the right to annul this contract without liability or in its discretion to dedt from the contract price or consideration, or otherwise recover, the full amount of cuch co= mission, percentage, brokerage, or contingent fee.
ARTICLE B-XIV EXAMINATION OF RECORDS (c)
This article is applicable if the amount of this contract e:ceeds $2,500 and vi entered into by means of negotiation, including small business restricted advertising, but is not applicable if this contract was entered into by neans of formal advertising.
(b)
The Contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years af ter final payment under this contract or such lesser time sp'ecified in the Federal Procurement Regulations Part 1-20, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract.
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( indix B Page No. 9 (c) The Contractor further agrees to include in all_his subcontracts hereunder a provision to the c'ffect that the subcontractor agrees that the Comptroller General of the United States or any of his duly authorized representatives sh until the expiration of 3 years after final payment under the subcontract or such lesser time specified in the Federal Procurement Regulations Part 1-20, have access to and the right to examine any directly pertinent books, documen papers, and records of such subcontractor, involving transactions related to subcontract. The term " subcontract" as used in this clause excludes (1) pure orders not exceeding $?,500 and (2) subcontracts or purchase orders for publi utility services at rates established for uniform applicability to the genera e
public.
(d)
The periods of access and examination described in (b) and (c), above, for re which relate to (1) appeals under the " Disputes" clause of this. contract, (2) litigation or the settlement of claime arisin'g out of the performance of this contract, or (3) costs and expenses of this contract as to which exception ha been taken by the Co=ptroller General or any of his duly authorized represent shall continue until such appeals, litigation, claims, or exceptions have bee disposed of.
(e) Nothing in this contract shall be deemed to preclude an audit by the General Accounting Office of any transaction under this contract.
ARTICLE B-XV ASSIGNMENT; SUBCONTRACTING Neither this contract nor any' interest therein nor claim thereunder shall be assig, or transferred by the Contractor, except as expressly authorized in writing by the.
Co==ission. The Contractor shall not subcontract any.research and development vor under this contract, except as expressly authorized in writing by the Cc= mission.
ARTICLE B-IVI REPORTS AND RENEWAL PROPOSALS The Contractor shall furnish six (6) copics of the following reports and renewal proposals, if any, addressed to:
Director, Division of Contracts U. S. Nuclear Regulatory Co= mission i
Washington, D. C.
20555 l
(a)
PROGRESS REPORT i
The progress report shall briefly describe the scope of investigations undert j
and the significant results obtained.
It shall also explain any significant l
differences between the actual level of ef fort and that conte = plated in the contract.
It shall also indicate compliance with the contract requirements a l
any failures to comply. The report shall indicate the approximate percentage of time or effort which the principal investigator (s) has devoted to the proj since the beginning of the current term of the agreement and indicate the a=e l
of effort which is expected to be devoted during the re=ainder of the current l
term. Technical reports, preprints, and articles prepared for publication sh l
be listed with bibliographic references.
Reprints of all such caterial not previously submitted shall be appended and material contained therein need ne duplicated in the report.
Progress reports shall be submitted approximately
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. age No. 10 three months in advance of the expiration of the current contract term and sh give the Contractor's best estimate of the probable events and occurrences in regard to the remainder of the current contract term.
Except as the Co==issi ma'y otherwise request, no further progress report will be required for any co year unless there has been a significant change in scientific results or cent compliance between the latest progress report by the Contractor and its actua experience; this shall be reported promptly.
(b)
FINAL REPORT y
Upon termination or expiration of the total period of performance, the Contra shall submit, promptly, a summary of its activities for the entire period, in a list of publications issued during the total term of the contract and copic any reprints not previously submitted, as well as a co=prehensive evaluation.
progress in the area of research supported by the contract.
(c)
RENEWAL PROPOSALS A renewal proposal, if any, shall be submitted along with the technical progr.
report, and each of the two documents shall be separately bound.
(d)
REPORT OF EQUIPMENT PURCHASED OR FABRICATED The Contractor shall ite=ize equipment having a useful life expectancy in exes of on,e (1) year,and an acquisition cost in excess of $200 purchased or fabrics by the Contractor when title to such equipment is vested in the Contractor pu:
to the Grant Act (Public Law 85-934)--omit any items appearing in Article IV--
submit a report : hereof within 3 months af ter the expiration of the contract :
specified in Article II.
Where the cost of individual pieces of equipment ex<
$1,000, they will be listed individually.
Where individual items cost $200 tr
$1,000, they will also. be individually listed to the extent practical or grou; in general categories, such as " electronic equipment" or "six motors", with t1 total dollar amount of such category.
The cost of purchased items shall be determined by the actual invoice cost of such items, but the cost of fabricate ite=s may be established by engineering estimates.
(e)
FINANCIAL REPORT Within three months af ter the end of the contract period set forth in Article the Contractor shall furnish a certified statement, in a form satisaf actory tc Co= mission, showing the Contractor's cost, and evidencing its performance unda contract, during the contract term just completed. The statement shall show :
costs consistent with the itemization in the budget, changed as necessary to 2 costs actually incurred.
Said statement shall be cxecuted by an official of Contractor and also signed by the principa1' investigator.
ARTICLE B-XVII PAWENT OF INTEREST ON CONTRACTORS' CLADIS (a)
If an appeal is filed by the Contractor.from a final decision of the Contract:
Officer under the Disputes clause of tb4.s contract, denying a claim arising ut the contract, simple interest on the amount of the claim finally determined os by the Government shall be payable to the Contractor.
Such 1,nterest shall be the rate determined by the Secretary of the Treasury pursuant to Public Law 9'
'N, I '(.ndix B
. age No. 11 85 Stat. 97, from the date the Contractor furnishes to the Contracting Officer written appeal under the Disputes clause of this contract, to the date of (1) final judgment by a court of competent jurisdiction, or (2) mailing to the Cor.
tractor of a supple = ental agreement for execution either confirming completed negotiations between the parties or carrying out a decision of a board of cent appeals.
(b)
Notwithstanding (a), above. (1) interest shall be applied only from the date y was due, if such date is later than the filing of appeal, and (2) interest sht not be paid for any period of time that the Contracting Officer detercines the Contractor has unduly delayed in pursuing its remedies before a board of conti appeals or a court or co=petent jurisdiction.
ARTICLE B-XVIII PREFERENCE FOR U. S. FLAG AIR CARRIERS (a')
It is the policy of the United States at all Federal agencies and Government Contractors and subcontractors utilit. 3. S. flag air carriers for interna-tional air transportation of personnel and cargo.
(b)
The Contractor agrees to utilize U. S. flag air carriers to the eaximum extent practicable in connection with the performance of this contract in the transpo tation by air of any personnel and cargo between the United States and a forei country, or between foreign countries.
The. terms used in this article have the following meanings:
(c)
(1)
" International air transportation" means transportation by air of personn and caigo frca the United States to a foreign country, betecen two or =or foreign countries, and between a foreign country and the United States.
(2)
"U. S. flag air carrier" means one of a class of air carriers holding a certificate of public convenience and necessity issued by the Civil Aero-nautics Board, approved by the President, authorizing operations between United States and/or its territories and one or core foreign countries.
(3)
The term " United States" includes the fifty States, Co==onwealth of Puerti Rico, pcssessions of the United States and the District of Columbia.
s (4)
" Practicable" includes (i) satisfactory servicing of agency programs, and (ii) timely deliveries at f air and reasonable prices.
(d)
The Contractor shall include the substance of this article, including this paragraph (d), in each subcontract or purchase order hereunder which may invol-air transportation between the United States and a foreign country or between foreign countries.
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