Subpart 952.0.General
Sec.
952.000 Scope of part.
952.001 General policy.
Subpart 952.2.Text of Provisions and Clauses
952.202 Clauses related to definitions.
952.202-1 Definitions.
952.204 Clauses related to administrative matters.
952.204-2 Security requirements.
952.204-70 Classification/Declassification.
952.204-71 Sensitive foreign nations controls.
952.204-72 Disclosure of information.
952.204-73 Foreign ownership, control, or influence over contractor
(Representation).
952.204-74 Foreign ownership, control, or influence over contractor.
952.208 Clauses related to required sources of supply.
952.208-7 Tagging of leased vehicles.
952.208-70 Printing.
952.209 Clauses related to contractor's qualifications.
952.209-8 Organizational Conflicts of Interest-
Disclosure
952.209-71 [Reserved]
952.209-72 Organizational conflicts of interest.
952.211 Clauses related to contract delivery or performance.
952.211-70 Priorities and allocations for energy programs (solicitations).
952.211-71 Priorities and allocations for energy programs (contracts).
952.211-72 [Reserved]
952.211-73 [Reserved]
952.216 Clauses related to types of contracts.
952.216-7 Allowable cost and payment.
952.216-15 Predetermined indirect cost rates.
952.217-70 Acquisition of real property.
952.222-70 Whistleblower protection for contractor employees.
952.223 Clauses related to environment, conservation, and occupational
safety.
952.223-71 Integration of environment, safety, and health into work planning and
execution
952.223-72 Radiation protection and nuclear criticality.
952.223-74 [Reserved].
952.223-75 Preservation of individual occupational radiation exposure
records.
952.224-70 Paperwork Reduction Act.
952.225-70 Subcontracting for nuclear hot cell services.
952.226-70 Subcontracting goals under section 3021(a) of the Energy Policy Act of
1992
952.226-71 Utilization of Energy Policy Act target entities.
952.226-72 Energy Policy Act subcontracting goals and reporting requirements.
952.226-73 Energy Policy Act target group representation
952.226-74 Displaced employee hiring preference.
952.227 Provisions and clauses related to patents, technical data and
copyrights.
952.227-9 Refund of royalties.
952.227-11 Patent rights-retention by the contractor (short form).
952.227-13 Patent rights-acquisition by the Government.
952.227-14 Rights in data-general.
952.227-82 Rights to proposal data.
952.227-84 Notice of right to request patent waiver.
952.231-70 Date of incurrence of cost.
952.233-2 Service of protest.
952.235-70 Key personnel.
952.236 Construction and architect-engineer contracts.
952.236-70 Administrative terms for architect-engineer contracts.
952.236-71 Inspection in Architect-Engineer contracts.
952.236-72 Nonrefundable fee for plans and specifications.
952.237-70 Collective bargaining agreements. protective services.
952.245 Clauses related to Government property.
952.245-2 Government property (fixed-price contracts).
952.245-5 Government property (cost-reimbursement,
time-and-materials, or labor-hour
contracts).
952.247-70 Foreign travel.
952.249 Clauses related to termination.
952.249-70 Termination clause for cost-reimbursement
architect-engineer contracts.
952.250 Clauses related to indemnification of contractors.
952.250-70 Nuclear hazards indemnity agreement.
952.251-70 Contractor employee travel discounts.
Authority: 42 U.S.C. 7254; 40 U.S.C. 486(c).
Source: 49 FR 12042, Mar. 28, 1984, unless otherwise
noted; 62 FR 2310, Jan. 16, 1997; 62 FR 34842, Jun.
27, 1997.
__________________________________________
Subpart 952.0.General
952.000 Scope of part.
This part implements FAR Part 52 which sets forth
contract clauses for use in connection with the
acquisition of personal property and nonpersonal
services (including construction), and supplements, as
well as modifies, FAR Part 52 by prescribing certain
modifications to be made to FAR clauses when used in
DOE contracts and specifying certain DOE contract
clauses to be used in addition to or in place of such
FAR clauses.
952.001 General policy.
It is DOE policy to use the prescribed FAR and DOE
contract clauses wherever practicable. Uniformity in
the use of contract clauses helps to ensure impartial
treatment of all contractors, expedites negotiation and
contract review, and facilitates contract administration.
[59 FR 24357, May 11, 1995]
Subpart 952.2.Text of Provisions and Clauses
952.202 Clauses related to definitions.
952.202-1 Definitions.
(a) As prescribed in 902.200, insert the clause at FAR
52.202-1 in all contracts. The contracting officer shall
substitute the following for paragraph (a) of the clause.
(a) Head of Agency means the Secretary, Deputy Secretary or Under Secretary of the Department of
Energy and the Chairman, Federal Energy Regulatory
Commission.
(b) The following shall be added as paragraph (h) except it will be designated paragraph (g) if Alternate I
of the FAR clause is used.
(h) The term DOE means the Department of Energy and FERC means the Federal Energy Regulatory Commission.
[49 FR 12042, Mar. 28, 1984, as amended at 50 FR 12185, Mar. 27, 1985; 62 FR 2310, Jan. 16, 1997]
952.204 Clauses related to administrative matters.
952.204-2 Security.
As prescribed in 904.404(d)(1), the following clause
shall be included in contracts entered into under section
31 (research assistance) or 41 (ownership and
operation of production facilities) of the Atomic Energy
Act of 1954, as amended, and in other contracts and
subcontracts, which involve or are likely to involve
classified information.
(a) Responsibility. It is the contractor's duty to safeguard all classified information, special nuclear material, and other DOE
property. The contractor shall, in accordance with DOE security
regulations and requirements, be responsible for safeguarding all
classified information and protecting against sabotage, espionage,
loss or theft of the classified documents and material in the
contractor's possession in connection with the performance of work
under this contract. Except as otherwise expressly provided in this
contract, the contractor shall, upon completion or termination of this
contract, transmit to DOE any classified matter in the possession of
the contractor or any person under the contractor's control in
connection with performance of this contract. If retention by the
contractor of any classified matter is required after the completion or
termination of the contract, the contractor shall identify the items and
types or categories of matter proposed for retention, the reasons for
the retention of the matter, and the proposed period of retention. If the
retention is approved by the contracting officer, the security
provisions of the contract shall continue to be applicable to the matter
retained. Special nuclear material shall not be retained after the
completion or termination of the contract.
(b) Regulations. The contractor agrees to comply with all security regulations and requirements of DOE in effect on the date of award.
(c) Definition of classified information. The term "classified information" means Restricted Data, Formerly Restricted Data, or
National Security Information.
(d) Definition of restricted data. The term "Restricted Data" means all data concerning (1) design, manufacture, or utilization of atomic
weapons; (2) the production of special nuclear material; or (3) the
use 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.
(e) Definition of formerly restricted data. The term "Formerly Restricted Data" means all data removed from the Restricted Data category under section 142 d. of the Atomic Energy Act of 1954, as
amended.
(f) Definition of National Security Information. The term "National Security Information" means any information or material, regardless
of its physical form or characteristics, that is owned by, produced for
or by, or is under the control of the United States Government, that
has been determined pursuant to Executive Order 12356 or prior
Orders to require protection against unauthorized disclosure, and
which is so designated.
(g) Definition of Special Nuclear Material (SNM). SNM means: (1) plutonium, uranium enriched in the isotope 233 or in the isotope 235,
and any other material which pursuant to the provisions of Section 51
of the Atomic Energy Act of 1954, as amended, has been determined
to be special nuclear material, but does not include source material;
or (2) any material artificially enriched by any of the foregoing, but
does not include source material.
(h) Security clearance of personnel. The contractor shall not permit any individual to have access to any classified information, except in
accordance with the Atomic Energy Act of 1954, as amended,
Executive Order 12356, and the DOE's regulations or requirements
applicable to the particular level and category of classified
information to which access is required.
(i) Criminal liability. It is understood that disclosure of any classified information relating to the work or services ordered
hereunder to any person not entitled to receive it, or failure to
safeguard any classified information that may come to the contractor
or any person under the contractor's control in connection with work
under this contract, may subject the contractor, its agents, employees,
or subcontractors to criminal liability under the laws of the United
States. (See the Atomic Energy Act of 1954, as amended, 42 U.S.C.
2011 et seq.; 18 U.S.C. 793 and 794; and E.O. 12356.)
(j) Subcontracts and purchase orders. Except as otherwise authorized in writing by the contracting officer, the contractor shall
insert provisions similar to the foregoing in all subcontracts and
purchase orders under this contract.
[49 FR 12042, Mar. 28, 1984; 49 FR 38951, Oct. 2, 1984, as amended at 52 FR 38425, Oct. 16, 1987; 62
FR 2310, Jan. 16, 1997; 62 FR 42072, Aug. 5, 1997]
952.204-70 Classification/Declassification.
As prescribed in 904.404(d)(2), the following clause
shall be included in all contracts which involve
classified information.
In the performance of work under this contract, the contractor or subcontractor shall comply with all provisions of the Department of
Energy's regulations and mandatory DOE directives which apply to
work involving the classification and declassification of
information, documents, or material. In this section, "information"
means facts, data, or knowledge itself; "document" means the
physical medium on or in which information is recorded; and
"material" means a product or substance which contains or reveals
information, regardless of its physical form or characteristics.
Classified information is "Restricted Data" and "Formerly Restricted
Data" (classified under the Atomic Energy Act of 1954, as
amended) and "National Security Information" (classified under
Executive Order 12958 or prior Executive Orders). The original
decision to classify or declassify information is considered an
inherently Governmental function. For this reason, only Government
personnel may serve as original classifiers, i.e., Federal Government
Original Classifiers. Other personnel (Government or contractor)
may serve as derivative classifiers which involves making
classification decisions based upon classification guidance which
reflect decisions made by Federal Government Original Classifiers.
The contractor or subcontractor shall ensure that any document or
material that may contain classified information is reviewed by either a Federal Government or a Contractor Derivative Classifier in
accordance with classification regulations including mandatory DOE
directives and classification/declassification guidance furnished to the
contractor by the Department of Energy to determine whether it
contains classified information prior to dissemination. For
information which is not addressed in classification/declassification
guidance, but whose sensitivity appears to warrant classification, the
contractor or subcontractor shall ensure that such information is
reviewed by a Federal Government Original Classifier.
In addition, the contractor or subcontractor shall ensure that existing
classified documents (containing either Restricted Data or Formerly
Restricted Data or National Security Information) which are in its
possession or under its control are periodically reviewed by a Federal
Government or Contractor Derivative Declassifier in accordance with
classification regulations, mandatory DOE directives and
classification/declassification guidance furnished to the contractor by
the Department of Energy to determine if the documents are no
longer appropriately classified. Priorities for declassification review
of classified documents shall be based on the degree of public and
researcher interest and the likelihood of declassification upon review.
Documents which no longer contain classified information are to be
declassified. Declassified documents then shall be reviewed to
determine if they are publicly releasable. Documents which are
declassified and determined to be publicly releasable are to be made
available to the public in order to maximize the public's access to as
much Government information as possible while minimizing security
costs.
The contractor or subcontractor shall insert this clause in any
subcontract which involves or may involve access to classified
information.
[62 FR 51800, Oct. 3, 1997]
952.204-71 Sensitive foreign nations controls.
As prescribed in 904.404(d)(3), the contracting officer
shall include the following clause.
(a) In connection with any activities in the performance of this
contract, the contractor agrees to comply with the "Sensitive Foreign
Nations Controls" requirements attached to this contract, relating to
those countries, which may from time to time, be identified to the
contractor by written notice as sensitive foreign nations. The
contractor shall have the right to terminate its performance under this
contract upon at least 60 days' prior written notice to the contracting
officer if the contractor determines that it is unable, without
substantially interfering with its polices or without adversely
impacting its performance to continue performance of the work under
this contract as a result of such notification. If the contractor elects to
terminate performance, the provisions of this contract regarding
termination for the convenience of the Government shall apply.
(b) The provisions of this clause shall be included in any
subcontracts.
[49 FR 12042, Mar. 28, 1984; 49 FR 38951, Oct. 2, 1984; 62 FR 2310, Jan. 16, 1997]
952.204-72 Disclosure of information.
As prescribed in 904.404(d)(4), this clause may be used in place of the clauses entitled "Security," 952.204-2, and "Classification," 952.204-70, in contracts with educational institutions for research involving nuclear technology which could but is not
expected to produce classified information or restricted
data.
(a) It is mutually expected that the activities under this contract will
not involve classified information. It is understood, however, that if
in the opinion of either party, this expectation changes prior to the
expiration or terminating 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 classified information in accordance
with applicable law and the requirements of DOE, and shall promptly
inform DOE in writing if and when classified information becomes
involved, or in the mutual judgment of the parties it appears likely
that classified information or material may become involved. The
contractor shall have the right to terminate performance of the work
under this contract and in such event the provisions of this contract
respecting termination for the convenience of the Government shall
apply.
(b) The contractor shall not permit any individual to have access to
classified information except in accordance with the Atomic Energy
Act 1954, as amended, Executive Order 12356, and DOE's
regulations or requirements.
(c) The term "Restricted Data" as used in this article means all data
concerning the design, manufacture, or utilization of atomic weapons,
the production of special nuclear material or the use 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.
[49 FR 12042, Mar. 28, 1984; 49 FR 38951, Oct. 2, 1984; 62 FR 2310, Jan. 16, 1997]
952.204-73 Foreign ownership, control, or influence over contractor (Representation).
As prescribed in 904.7005(a), insert the following
provision in all solicitations for contracts subject to the
provisions of 904.70.
(a) For purposes of this provision, a foreign interest is defined as any
of the following:
(1) A foreign government or foreign government agency;
(2) Any form of business enterprise organized under the laws of any
country other than the United States or its possessions;
(3) Any form of business enterprise organized or incorporated under
the laws of the U.S., or a State or other jurisdiction within the U.S.,
which is owned, controlled, or influenced by a foreign government,
agency, firm, corporation, or person; or
(4) Any person who is not a U.S. citizen.
(b) Foreign ownership, control, or influence (FOCI) means the
situation where the degree of ownership, control, or influence over a
contractor by a foreign interest is such that a reasonable basis exists
for concluding that compromise of classified information or
significant quantity of special nuclear material as defined in 10 CFR
Part 710 may result.
(c) If the offeror has not previously submitted responses to the
following questions to DOE as part of the facility security clearance
process, then it shall answer the following questions. Answer each
question in either the "yes" or "no" column. If the answer is yes,
furnish in detail on a separate sheet of paper all the information
requested in parentheses. Copies of information which responds to
these questions and which was submitted to other Government
agencies may be submitted as responses to these questions if the
earlier responses are accurate, complete, and current.
Question | Yes | No |
1. Does a foreign interest own or have beneficial ownership in 5% of more of your organization's voting securities? (Identify the percentage of any class of shares or other securities issued which are owned by foreign interests, listed by country. If you answer "Yes" and have received from an investor a copy of Schedule 13D and/or Schedule 13G filed by the investors with the Securities and Exchange Commission, you are to attach a copy of Schedule 13D and/or Schedule 13G.) |
||
2. Does your organization own 10% or
more of any foreign interest? (Furnish the
name of the foreign interest, address by
country, and the percentage owned. Include name and title of officials of your organization who occupy positions with the foreign interest, if any.) |
||
3. Do any foreign interests have man- agement positions such as directors, officers, or executive personnel in your organization? (Furnish full information concerning the identity of the foreign interest and the position he/she holds in your organization.) | ||
4. Does any foreign interest control or influence, or is any foreign interest in a position to control or influence the election, appointment, or tenure of any of your directors, officers, or executive personnel? (Identify the foreign interest(s) and furnish full details concerning the control or influence.) |
|
|
5. Does your organization have any
contracts, binding agreements,
understandings, or arrangements with a
foreign interest(s) that cumulatively
represent 10% or more of your
organization's gross income? (Furnish the
name of the foreign interest, country,
nature of agreement or involvement. Agreements include licensing, sales, patent exchange, trade secrets, agency, cartel, partnership, joint venture, proxy etc. Give overall percentage by country as related to total income and type of services or products in general terms. If you answer "Yes" and have received from the foreign interest a copy of Schedule 13D and/or Schedule 13G filed by the foreign interest with the Securities and Exchange Commission, you are to attach a copy of Schedule 13D and/or Schedule 13G.) |
|
|
6. Is your organization indebted to foreign interests? (Furnish the amount of indebtness as related to the current assets of the organization and identify the creditor. Include specifics as to the type of indebtness and what, if any, collateral, including voting stock, has been furnished or pledged. If any, and what will be received after conversion are to be furnished.) | ||
7. Does your organization derive any income from Communist countries included in Country Groups Q, S, W, Y, and Z in Supplement No. 1 in 15 CFR part 770? (Discuss in detail any income derived from Communist countries, including percentage from each such country as related to total income, and the type of services or products involved.) |
||
8. Is 5% or more of any class of your organization's securities held in "nominee shares." in "street names" or in some other method which does not disclose beneficial owner of equitable title? (Identify each foreign institutional investor holding 5 percent or more of the voting stock. Identification should include the name and address of the investor and percentage of stock held. State whether the investor has attempted to, or has, exerted any management control or influence over the appointment of directors, officers, or other key management personnel, and whether such investors have attempted to influence the policies of the corporation. If you have received from the investor a copy of the Schedule 13D and/or Schedule 13G filed by the investor with the Securities and Exchange Commission, you are to attach a copy of Schedule 13D and/or Schedule 13G.) |
||
9. Does your organization have inter-
locking directors with foreign interests? (Include identifying data on all such directors. If they have a security clearance, so state. Also indicate the name and address of all other corporations with which they serve in any capacity.) |
||
10. Are there any citizens of foreign countries employed by, or who may visit, your offices or facilities in a capacity which may permit them to have access to classified information or a significant quantity of special nuclear material? (Provide complete information by identifying the individuals and the country of which they are citizens.) |
||
11. Does your organization have foreign involvement not otherwise covered in your answers to the above questions? (Describe the foreign involvement in detail, including why the involvement would not be reportable in the preceding questions.) |
(e) The offeror shall require any subcontractors having
access to classified information or a significant quantity
of special nuclear material to provide responses to the
questions in paragraph (c) of this provision directly to
the DOE contracting officer.
(f) Information submitted by the offeror in response to the
questions in (c) above is to be used solely for purposes of
evaluating foreign ownership, control, or influence and shall
be treated by DOE, to the extent permitted by law, as
business or financial information submitted in confidence.
Alternate I (December 1993)
If the solicitation is part of the national security
program and will require access to proscribed
information to enable performance, add the following
notice.
NOTICE
Statute prohibits the award of a
contract under a national security
program to a company owned by an
entity controlled by a foreign
government unless a waiver is
granted by the Secretary of Energy.
[49 FR 12042, Mar. 28, 1984; 49 FR 38951, Oct. 2,
1984, as amended at 56 FR 41965, Aug. 26, 1991, 59
FR 6221, Feb. 10, 1994; 62 FR 2310, Jan. 16, 1997;
62 FR 42072, Aug. 5, 1997]
952.204-74 Foreign ownership, control, or influence over contractor.
As prescribed in 904.7005(b), insert the following
contract clause in new contracts and contract
modifications to existing contracts subject to 904.70.
(a) For purposes of this clause, a foreign interest is defined as any of
the following:
(1) A foreign government or foreign government agency;
(2) Any form of business enterprise organized under the laws of any
country other than the United States or its possessions;
(3) Any form of business enterprise organized or incorporated under
the laws of the U.S., or a State or other jurisdiction within the U.S.,
which is owned, controlled, or influenced by a foreign government,
agency, firm, corporation or person; or
(4) Any person who is not a U.S. citizen.
(b) Foreign ownership, control, or influence (FOCI) means the
situation where the degree of ownership, control, or influence over a
contractor by a foreign interest is such that a reasonable basis exists for concluding that compromise of classified information, special
nuclear material as defined in 10 CFR Part 710, may result.
(c) For purposes of this clause, subcontractor means any
subcontractor at any tier and the term "contracting officer" shall
mean DOE contracting officer. When this clause is included in a
subcontract, the term "contractor" shall mean subcontractor and the
term "contract" shall mean subcontract.
(d) The contractor shall immediately provide the contracting officer
written notice of any changes in the extent and nature of FOCI over
the contractor which would affect the answers to the questions
presented in DEAR 952.204-73. Further, notice of changes in
ownership or control which are required to be reported to the
Securities and Exchange Commission, the Federal Trade
Commission, or the Department of Justice shall also be furnished
concurrently to the contracting officer.
(e) In those cases where a contractor has changes involving FOCI, the
DOE must determine whether the changes will pose an undue risk to
the common defense and security. In making this determination, the
contracting officer shall consider proposals made by the contractor to
avoid or mitigate foreign influences.
(f) If the contracting officer at any time determines that the contractor
is, or is potentially, subject to FOCI, the contractor shall comply with
such instructions as the contracting officer shall provide in writing to
safeguard any classified information or significant quantity of special
nuclear material.
(g) The contractor agrees to insert terms that conform substantially to
the language of this clause including this paragraph (g) in all
subcontracts under this contract that will require access to classified
information or a significant quantity of special nuclear material.
Additionally, the contractor shall require such subcontractors to
submit a completed certification required in DEAR 952.204-73 prior
to award of a subcontract. Information to be provided by a
subcontractor pursuant to this clause may be submitted directly to the
contracting officer.
(h) Information submitted by the contractor or any affected
subcontractor as required pursuant to this clause shall be treated by
DOE to the extent permitted by law, as business or financial
information submitted in confidence to be used solely for purposes of
evaluating FOCI.
(i) The requirements of this clause are in addition to the requirement
that a contractor obtain and retain the security clearances required by
the contract. This clause shall not operate as a limitation on DOE's
rights, including its rights to terminate this contract.
(j) The contracting officer may terminate this contract for default
either if the contractor fails to meet obligations imposed by this
clause, e.g., provide the information required by this clause, comply
with the contracting officer's instructions about safeguarding
classified information, or make this clause applicable to
subcontractors, or if, in the contracting officer's judgment, the
contractor creates an FOCI situation in order to avoid performance or
a termination for default. The contracting officer may terminate this
contract for convenience if the contractor becomes subject to FOCI
and for reasons other than avoidance of performance of the contract,
cannot, or chooses not to, avoid or mitigate the FOCI problem.
952.208 Clauses related to required sources of supply.
952.208-7 Tagging of leased vehicles.
As prescribed in 908.7101-7, insert the following
clause when leasing commercial vehicles for periods in
excess of 60 days.
(a) DOE intends to use U.S. Government license tags.
(b) While it is the intention that vehicles leased hereunder shall
operate on Federal tags, the DOE reserves the right to utilize State
tags if necessary to accomplish its mission. Should State tags be
required, the contractor shall furnish the DOE the documentation
required by the State to acquire such tags.
952.208-70 Printing.
As prescribed in 908.802, insert the following clause.
The contractor shall not engage in, nor subcontract for, any printing
(as that term is defined in Title I of the U.S. Government Printing and
Binding Regulations in effect on the effective date of this contract) in
connection with the performance of work under this contract.
Provided, however, that performance of a requirement under this
contract involving the duplication of less than 5,000 copies of a
single unit, or no more than 25,000 units in the aggregate of multiple
units, will not be deemed to be printing. A unit is defined as one
sheet, size 8½ by 11 inches one side only, one color. A requirement is
defined as a single publication document.
(1) The term "printing" includes the following processes:
composition, plate making, presswork, binding, microform
publishing, or the end items produced by such processes.
(2) If fulfillment of the contract will necessitate reproduction in
excess of the limits set forth above, the contractor shall notify the
contracting officer in writing and obtain the contracting officer's
approval prior to acquiring on DOE's behalf production, acquisition,
and dissemination of printed matter. Such printing must be obtained
from the Government Printing Office (GPO), a contract source
designated by GPO or a Joint Committee on Printing authorized
federal printing plant.
(3) Printing services not obtained in compliance with this guidance
will result in the cost of such printing being disallowed.
(4) The Contractor will include in each of his subcontracts hereunder
a provision substantially the same as this clause including this
paragraph (4).
[49 FR 12042, Mar. 28, 1984; 49 FR 38951, Oct. 2, 1984]
952.209 Clauses related to contractor's
qualifications.
952.209-8 Organizational Conflicts of Interest-Disclosure.
As prescribed in 48 CFR 909.507-1(e), insert the
following provision:
(b) An offeror notified that it is the apparent successful offeror shall
provide the statement described in paragraph (c) of this provision. For
purposes of this provision, "apparent successful offeror" means the
proposer selected for final negotiations or, where individual contracts
are negotiated with all firms in the competitive range, it means all
such firms.
(c) The statement must contain the following:
(1) A statement of any past (within the past twelve months), present,
or currently planned financial, contractual, organizational, or other
interests relating to the performance of the statement of work. For
contractual interests, such statement must include the name, address,
telephone number of the client or client(s), a description of the
services rendered to the previous client(s), and the name of a
responsible officer or employee of the offeror who is knowledgeable
about the services rendered to each client, if, in the 12 months
preceding the date of the statement, services were rendered to the
Government or any other client (including a foreign government or
person) respecting the same subject matter of the instant solicitation,
or directly relating to such subject matter. The agency and contract
number under which the services were rendered must also be
included, if applicable. For financial interests, the statement must
include the nature and extent of the interest and any entity or entities
involved in the financial relationship. For these and any other
interests enough such information must be provided to allow a
meaningful evaluation of the potential effect of the interest on the
performance of the statement of work.
(2) A statement that no actual or potential conflict of interest or
unfair competitive advantage exists with respect to the advisory and
assistance services to be provided in connection with the instant
contract or that any actual or potential conflict of interest or unfair
competitive advantage that does or may exist with respect to the
contract in question has been communicated as part of the statement
required by (b) of this provision.
(d) Failure of the offeror to provide the required statement may result
in the offeror being determined ineligible for award.
Misrepresentation or failure to report any fact may result in the
assessment of penalties associated with false statements or such other
provisions provided for by law or regulation.
[62 FR 40748, Jul. 30, 1997]
952.209-71 [Reserved].
[59 FR 66259, Dec. 23, 1994]
952.209-72 Organizational conflicts of interest.
As prescribed at 48 CFR 909.507-2, insert the
following clause:
(a) Purpose. The purpose of this clause is to ensure that the contractor (1) is not biased because of its financial, contractual,
organizational, or other interests which relate to the work under this
contract, and (2) does not obtain any unfair competitive advantage
over other parties by virtue of its performance of this contract.
(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor and any of its affiliates
or their successors in interest (hereinafter collectively referred to as
"contractor") in the activities covered by this clause as a prime
contractor, subcontractor, cosponsor, joint venturer, consultant, or in
any similar capacity. For the purpose of this clause, affiliation occurs
when a business concern is controlled by or has the power to control
another or when a third party has the power to control both.
(1) Use of Contractor's Work Product. (i) The contractor shall be ineligible to participate in any capacity in Department contracts,
subcontracts, or proposals therefor (solicited and unsolicited) which
stem directly from the contractor's performance of work under this
contract for a period of (Contracting Officer see DEAR 9.507-2 and
enter specific term) years after the completion of this contract.
Furthermore, unless so directed in writing by the contracting officer,
the Contractor shall not perform any advisory and assistance services
work under this contract on any of its products or services or the
products or services of another firm if the contractor is or has been
substantially involved in their development or marketing. Nothing in
this subparagraph shall preclude the contractor from competing for
follow-on contracts for advisory and assistance services.
(ii) If, under this contract, the contractor prepares a complete or
essentially complete statement of work or specifications to be used in
competitive acquisitions, the contractor shall be ineligible to perform
or participate in any capacity in any contractual effort which is based
on such statement of work or specifications. The contractor shall not
incorporate its products or services in such statement of work or
specifications unless so directed in writing by the contracting officer,
in which case the restriction in this subparagraph shall not apply.
(iii) Nothing in this paragraph shall preclude the contractor from
offering or selling its standard and commercial items to the
Government.
(2) Access to and use of information. (i) If the contractor, in the
performance of this contract, obtains access to information, such as
Department plans, policies, reports, studies, financial plans, internal
data protected by the Privacy Act of 1974 (5 U.S.C. 552a), or data
which has not been released or otherwise made available to the
public, the contractor agrees that without prior written approval of
the contracting officer it shall not:
(A) use such information for any private purpose unless the
information has been released or otherwise made available to the
public;
(B) compete for work for the Department based on such information
for a period of six (6) months after either the completion of this
contract or until such information is released or otherwise made
available to the public, whichever is first;
(C) submit an unsolicited proposal to the Government which is
based on such information until one year after such information is
released or otherwise made available to the public; and
(D) release such information unless such information has previously
been released or otherwise made available to the public by the
Department.
(ii) In addition, the contractor agrees that to the extent it receives or is
given access to proprietary data, data protected by the Privacy Act of
1974 (5 U.S.C. 552a), or other confidential or privileged technical,
business, or financial information under this contract, it shall treat
such information in accordance with any restrictions imposed on such
information.
(iii) The contractor may use technical data it first produces under this contract for its private purposes consistent with paragraphs (b)(2)(i) (A) and (D) of this clause and the patent, rights in data, and security provisions of this contract.
(2) In the event that the contractor was aware of facts required to be
disclosed or the existence of an actual or potential organizational
conflict of interest and did not disclose such facts or such conflict of
interest to the contracting officer, DOE may terminate this contract
for default.
(d) Remedies. For breach of any of the above restrictions or for nondisclosure or misrepresentation of any facts required to be
disclosed concerning this contract, including the existence of an
actual or potential organizational conflict of interest at the time of or
after award, the Government may terminate the contract for default,
disqualify the contractor from subsequent related contractual efforts,
and pursue such other remedies as may be permitted by law or this
contract.
(e) Waiver. Requests for waiver under this clause shall be directed in writing to the contracting officer and shall include a full description
of the requested waiver and the reasons in support thereof. If it is
determined to be in the best interests of the Government, the
contracting officer may grant such a waiver in writing.
In accordance with 909.507-2 and 970.0905, include
the following alternate in the specified types of
contracts.
(f) Subcontracts. (1) The contractor shall include a clause, substantially similar to this clause, including this paragraph (f), in
subcontracts expected to exceed the simplified acquisition threshold
determined in accordance with FAR Part 13 and involving the
performance of advisory and assistance services as that term is
defined at FAR 37.201. The terms ``contract,'' "contractor," and
"contracting officer" shall be appropriately modified to preserve the
Government's rights.
(2) Prior to the award under this contract of any such subcontracts for
advisory and assistance services, the contractor shall obtain from the
proposed subcontractor or consultant the disclosure required by
DEAR 909.507-1, and shall determine in writing whether the
interests disclosed present an actual or significant potential for an
organizational conflict of interest. Where an actual or significant
potential organizational conflict of interest is identified, the
contractor shall take actions to avoid, neutralize, or mitigate the
organizational conflict to the satisfaction of the contractor. If the
conflict cannot be avoided or neutralized, the contractor must obtain
the approval of the DOE contracting officer prior to entering into the
subcontract.
[49 FR 12042, Mar. 28, 1984, as amended at 52 FR 38425, Oct. 16, 1987 and 59 FR 66259, Dec. 23,
1994; 62 FR 40748, Jul. 30, 1997]
952.211 Clauses related to contract delivery or
performance.
[61 FR 21975, May 13, 1996]
952.211-70 Priorities and allocations for energy programs (solicitations).
As prescribed in 911.604(a), insert the following
provision in solicitations that will result in the award of
a contract in support of DOE atomic energy programs.
Contracts or purchase orders awarded as a result of this solicitation
shall be assigned a [ ] DO-Rating; [ ] DX-Rating; and certified for national defense use in accordance with the Defense Priorities and
Allocations System (DPAS) regulation (15 CFR Part 700)
(Contracting officer check appropriate box.)
As prescribed in 911.604(d), insert the following
provision in solicitations in support of a program or
project which may be determined to maximize
domestic energy supplies:
Contracts or purchase orders awarded as a result of this solicitation
may be eligible for priorities and allocations support in accordance
with 10 CFR Part 216 and section 101(c) of the Defense Production
Act of 1950, as amended.
[52 FR 38425, Oct. 16, 1987; 61 FR 21975, May 13,
1996]
952.211-71 Priorities and allocations for energy programs (contracts).
As prescribed in 911.604(b), insert the following
clause in contracts and purchase orders that are placed
in support of authorized DOE atomic energy pursuant
to the Atomic Energy Act of 1954, as amended.
The Contractor shall follow the provisions of Defense Priorities and
Allocations System (DPAS) regulation (15 CFR Part 700) in
obtaining controlled materials and other products and materials
needed to fill this contract.
As prescribed in 911.604(e), insert the following
clause in contracts if they are placed in support of
programs or projects which may be determined to
maximize domestic energy supplies:
(a) This contract may be eligible for priorities and allocations
support, as provided for by section 101(c) of the Defense Production
Act of 1950, as amended by the Energy Policy and Conservation Act
(Pub. L. 94-163, 42 U.S.C. 6201 et seq.) if its purpose is determined to be to maximize domestic energy supplies. Eligibility is dependent
on an executive decision on a case-by-case basis with the decision
being jointly made by the Departments of Energy and Commerce.
(b) DOE regulations regarding material allocations and priority
performance under contracts or orders to maximize domestic energy
supplies can be found at Part 216 of Title 10 of the Code of Federal
Regulations (10 CFR Part 216).
(c) Additional guidance is provided by DOE Publication MA-0192,
"Priorities and Allocations Support for Energy: Keeping Energy
Programs on Schedule," dated August 1985, as it may from time to
time be revised. Copies may be obtained by written request to:
Department of Energy, Office of Scientific and Technical
Information (OSTI), Post Office Box 62, Oak Ridge, Tennessee
37830.
[52 FR 38426, Oct. 16, 1987; 61 FR 21975, May 13, 1996]
952.211-72 [Reserved].
[52 FR 28717, Aug. 3, 1987; 61 FR 21975, May 13,
1996; 62 FR 2310, Jan. 16, 1997]
952.211-73 [Reserved].
[49 FR 12042, Mar. 28, 1984, as amended at 56 FR
41965, Aug. 26, 1991; 61 FR 21975, May 13, 1996;
62 FR 2310, Jan. 16, 1997]
952.216 Clauses related to types of contracts.
952.216-7 Allowable cost and payment.
Alternate II
When contracting with a commercial organization
modify paragraph (a) of the clause at FAR 52.216-7 by
adding the phrase "as supplemented by Subpart 931.2
of the Department of Energy Acquisition Regulations
(DEAR)," after the acronym "(FAR)".
952.216-15 Predetermined indirect cost rates.
Alternate (APR 1994): As prescribed in 916.307(j), modify paragraph (c) of the clause at FAR 52.216-15,
Predetermined Indirect Cost Rates, by deleting the
words "Subpart 31.3" and substituting for them
"Subpart 31.6" and insert the clause in solicitations and
contracts when a cost-reimbursement research and
development contract with a State or local government
is contemplated and predetermined indirect cost rates
are to be used.
[62 FR 2310, Jan. 16, 1997]
952.217-70 Acquisition of real property.
Insert the following clause when required by
917.7403(c).
(a) Notwithstanding any other provision of the contract, the prior
approval of the contracting officer shall be obtained when, in
performance of this contract, the contractor acquires or proposes to
acquire use of real property by:
(1) Purchase, on the Government's behalf or in the contractor's own
name, with title eventually vesting in the Government.
(2) Lease, and the Government assumes liability for, or will
otherwise pay for the obligation under the lease as a reimbursable
contract cost.
(3) Acquisition of temporary interest through easement, license or
permit, and the Government funds the entire cost of the temporary
interest.
(b) Justification of and execution of any real property acquisitions
shall be in accordance and compliance with directions provided by
the contracting officer.
(c) The substance of this clause, including this paragraph (c), shall be
included in any subcontract occasioned by this contract under which
property described in paragraph (a) of this clause shall be acquired.
[49 FR 12042, Mar. 28, 1984, as amended at 52 FR 38426, Oct. 16, 1987; 56 FR 41965, Aug. 26, 1991]
952.222-70 Whistleblower protection for contractor employees.
As prescribed in 922.7101, insert the clause at
970.5204-59, in contracts other than management and
operating contracts and in purchase orders, that involve
work to be performed on-site at a DOE-owned or -
leased facility, after adding to the end of paragraph (a)
of that clause, the phrase "with respect to work
performed on-site at a DOE-owned or -leased facility,
as provided for at Part 708."
[57 FR 57638, Dec. 4, 1993]
952.223 Clauses related to environment, conservation, and occupational safety.
952.223-71 Integration of environment, safety, and health into work planning and execution.
As prescribed in 923.7002, the clause set forth at
970.5204-2 shall be included in all contracts and
subcontracts for, and be made applicable to, work to be
performed at a government-owned or leased facility
where DOE has elected to assert its statutory authority
to establish and enforce occupational safety and health
standards applicable to the work conditions of
contractor and subcontractor employees, and to the
protection of the public health and safety.
[62 FR 34842, Jun. 27, 1997]
952.223-72 Radiation protection and nuclear criticality.
As prescribed in 923.7002, the clause set forth herein
shall be included in those contracts or subcontracts for,
and be made applicable to, work to be performed at a
facility where DOE does not elect to assert its statutory
authority to enforce occupational safety and health
standards applicable to the working conditions of
contractor and subcontractor employees, but does need
to enforce radiological safety and health standards
pursuant to provisions of the contract or subcontract
rather than by reliance upon Nuclear Regulatory
Commission licensing requirements (including
agreements with states under section 274 of the Atomic
Energy Act).
The contractor shall take all reasonable precautions in the
performance of work under this contract to protect the safety and
health of employees and of members of the public against the hazards
of ionizing radiation and radioactive materials and shall comply with
all applicable radiation protection and nuclear criticality safety
standards and requirements (including reporting requirements) of
DOE. The contractor shall submit a management program and
implementation plan to the contracting officer for review and
approval within 30 days after the effective date of this contract or
modification. In the event that the contractor fails to comply with
said standards and requirements of DOE, the contracting officer may,
without prejudice to any other legal or contractual rights of DOE,
issue an order stopping all or any part of the work. Thereafter, a start
order for resumption of the work may be issued at the discretion of
the contracting officer. The contractor shall make no claim for an
extension of time or for compensation or damages by reason of or in
connection with such work stoppage.
[49 FR 12042, Mar. 28, 1984; 49 FR 38952, Oct. 2, 1984]
952.223-74 [Reserved]
[62 FR 34842, Jun. 27, 1997]
952.223-75 Preservation of individual occupational radiation exposure records.
The contracting officer shall insert this clause in contracts containing 952.223-71, Integration of
environment, safety, and health into work planning and
execution, or 952.223-72, Radiation protection and
nuclear criticality.
Individual occupational radiation exposure records generated in the
performance of work under this contract shall be subject to inspection
by DOE and shall be preserved by the contractor until disposal is
authorized by DOE or at the option of the contractor delivered to
DOE upon completion or termination of the contract. If the
contractor exercises the foregoing option, title to such records shall
vest in DOE upon delivery.
[49 FR 12042, Mar. 28, 1984; 49 FR 38952, Oct. 2, 1984; 62 FR 34842, Jun. 27, 1997]
952.224-70 Paperwork Reduction Act.
Insert the following clause if it is anticipated that
information collection from 10 or more persons will be
necessary under the contract.
(a) In the event that it subsequently becomes a contractual
requirement to collect or record information calling either for answer
to identical questions from 10 or more persons other than Federal
employees, or information from Federal employees which is to be
used for statistical compilations of general public interest, the
Paperwork Reduction Act will apply to this contract. No plan,
questionnaire, interview guide, or other similar device for collecting
information (whether repetitive or single-time) may be used without
first obtaining clearance from the Office of Management and Budget
(OMB).
(b) The contractor shall request the required OMB clearance from the
contracting officer before expending any funds or making public
contacts for the collection of data. The authority to expend funds and
to proceed with the collection of data shall be in writing by the
contracting officer. The contractor must plan at least 90 days for
OMB clearance. Excessive delay caused by the Government which
arises out of causes beyond the control and without the fault or
negligence of the contractor will be considered in accordance with the
clause entitled "Excusable Delays," if such clause is applicable. If
not, the period of performance may be extended pursuant to this
clause if approved by the contracting officer.
[62 FR 2310, Jan. 16, 1997]
952.225-70 Subcontracting for nuclear hot cell services.
As prescribed in 925.7004, insert the following clause
in solicitations and contracts.
(a) Definitions.
"Costs related to the decommissioning of nuclear facilities," as used
in this clause, means any cost associated with the compliance with
regulatory requirements governing the decommissioning of nuclear
facilities licensed by the Nuclear Regulatory Commission. Such
costs for foreign facilities and for Department of Energy facilities are
costs of decommissioning associated with the compliance with
foreign regulatory requirements or the Department's own
requirements.
"Costs related to the storage and disposal of nuclear waste," as used
in this clause, means any costs, whether required by regulation or
incurred as a matter of prudent business practice, associated with the
storage or disposal of nuclear waste.
"Foreign company," as used in this clause, means a company which
offers to perform nuclear hot cell services at a facility which is not
subject to the laws and regulations of the United States, its agencies,
and its political subdivisions.
"Nuclear hot cell services," as used in this clause, means services
related to the examination of, or performance of various operations
on, nuclear fuel rods, control assemblies, or other components that
are emitting large quantities of ionizing radiation, after discharge
from nuclear reactors, which are performed in specialized facilities
located away from commercial nuclear power plants, generally
referred to in the industry as "hot cells."
"Nuclear waste," as used in this clause, means any radioactive waste
material subject to regulation by the Nuclear Regulatory
Commission or the Department of Energy, or in the case of foreign
offers, by comparable foreign organizations.
"United States company," as used in this clause, means a company
which offers to perform nuclear hot cell services at a facility subject
to the laws and regulations of the United States, its agencies, and its
political subdivisions.
(b) In selecting a competitive offer for a first-tier subcontract
acquisition of nuclear hot cell services, the contractor shall (1)
consider neither costs related to the decommissioning of nuclear
waste facilities nor costs related to the storage and disposal of nuclear
waste, or (2) add these costs to offers of foreign companies, if--
(i) one or more of the offers is submitted by a United States company
and includes costs related to the decommissioning of nuclear facilities
and costs related to the storage and disposal of nuclear waste because
it is subject to such cost; and
(ii) one or more of the offers is submitted by a foreign company and
does not include these types of costs. (A foreign company might not
be subject to such costs or might not have to include these types of
cost in its offer if the firm is subsidized in decommissioning activity
or storage and disposal of nuclear waste, or a foreign government is
performing the activities below the actual cost of the activity.).
(c) Upon determining that no offer from a foreign firm has a
reasonable chance of being selected for award, the requirements of
this clause will not apply.
[58 FR 8909, February 18, 1993 as corrected]
952.226-70 Subcontracting goals under section 3021(a) of the Energy Policy Act of 1992.
As prescribed in 926.7007(a), insert the following
provision:
(a) Definition.--Energy Policy Act target groups, as used in this
provision means:
(1) An institution of higher education that meets the criteria of 34
CFR 600.4(a) and has a student enrollment that consists of at least 20
percent:
(i) Hispanic Americans, i.e., students whose origins are in Mexico,
Puerto Rico, Cuba, or Central or South America, or any combination
thereof, or
(ii) Native Americans, i.e., American Indians, Eskimos, Aleuts, and
Native Hawaiians, or any combination thereof;
(2) Institutions of higher learning determined by the Secretary of
Education to be Historically Black Colleges and Universities
pursuant to 34 CFR 608.2; and
(3) Small business concerns, as defined under section 3 of the Small
Business Act (15 U.S.C. 632), that are owned and controlled by
individuals who are both socially and economically disadvantaged
within the meaning of section 8(d) of the Small Business Act (15
U.S.C. 637(d)) or by a woman or women.
(b) Section 3021 of the Energy Policy Act (Pub. L. 102-486)
establishes a goal of award of 10 percent of the contract dollar value
for prime and subcontract Energy Policy Act awards to Energy
Policy Act target groups.
(c) The offeror, if other than one of the three groups specified in
paragraph (a) of this clause, shall submit, as part of its business
management proposal or, if this solicitation requires the submission
of a Small, Small Disadvantaged and Women-Owned Subcontracting
Plan, then as part of that plan, unless otherwise stated in the proposal
preparation instructions, individual subcontracting goals for each of
the three Energy Policy Act target groups. Individual goals shall be
expressed in terms of a percentage of the offeror's proposed contract
dollar value. In addition, the offeror shall provide a description of the
nature of the effort to be performed by each of the three groups, and,
if possible, the identity of the contemplated subcontractor(s).
(d) Unless otherwise stated, such goals shall be considered in the
evaluation of the Business Management Proposal as discussed in
Section M of this solicitation or, if applicable, as part of the
evaluation of the Small, Small Disadvantaged and Women-Owned
Subcontracting Plan.
952.226-71 Utilization of Energy Policy Act target entities.
As prescribed in 926.7007(b), insert the following
clause:
(a) Definition.--Energy Policy Act target groups, as used in this
provision means:
(1) An institution of higher education that meets the requirements of
34 CFR 600.4(a) and has a student enrollment that consists of at least
20 percent:
(i) Hispanic Americans, i.e., students whose origins are in Mexico,
Puerto Rico, Cuba, or Central or South America, or any combination
thereof, or
(ii) Native Americans, i.e., American Indians, Eskimos, Aleuts, and
Native Hawaiians, or any combination thereof;
(2) Institutions of higher learning determined to be Historically Black
Colleges and Universities by the Secretary of Education pursuant to
34 CFR 608.2; and
(3) Small business concerns, as defined under section 3 of the Small
Business Act (15 U.S.C. 632), that are owned and controlled by
individuals who are both socially and economically disadvantaged
within the meaning of section 8(d) of the Small Business Act (15
U.S.C. 637(d)) or by a woman or women.
(b) Obligation. In addition to its obligations under the clause of this
contract entitled Utilization of Small, Small Disadvantaged and
Women-Owned Small Business Concerns, the contractor, in
performance of this contract, agrees to provide its best efforts to
competitively award subcontracts to entities from among the Energy
Policy Act target groups.
[60 FR 22302, May 5, 1995; 61 FR 21975, May 13, 1996]
952.226-72 Energy Policy Act subcontracting goals and reporting requirements.
As prescribed in 926.7007(c), insert the following
clause:
(a) Definition.--Energy Policy Act target groups, as used in this
provision means:
(1) An institution of higher education that meets the requirements of
34 CFR 600.4(a), and has a student enrollment that consists of at
least 20 percent:
(i) Hispanic Americans, i.e., students whose origins are in Mexico,
Puerto Rico, Cuba, or Central or South America, or any combination
thereof, or
(ii) Native Americans, i.e., American Indians, Eskimos, Aleuts, and
Native Hawaiians, or any combination thereof;
(2) Institutions of higher learning determined to be Historically Black
Colleges and Universities by the Secretary of education pursuant to
34 CFR 608.2; and
(3) Small business concerns, as defined under section 3 of the Small
Business Act (15 U.S.C. 632), that are owned and controlled by
individuals who are both socially and economically disadvantaged
within the meaning of section 8(d) of the Small Business Act (15
U.S.C. 637(d)) or by a woman or women.
(b) Goals. The contractor, in performance of this contract, agrees to
provide its best efforts to award subcontracts to the following classes
of entities:
(1) Small business concerns controlled by socially and economically
disadvantaged individuals or by women: * * * percent;
(2) Historically Black colleges and universities: * * * percent;
(3) Colleges or universities having a student body in which more than
20 percent of the students are Hispanic Americans or Native
Americans: * * * percent.
[* * * These goals are stated in a percentage reflecting the
relationship of estimated award value of subcontracts to the value of
this contract and appear elsewhere in this contract.]
(c) Reporting requirements. (1) The contractor agrees to report, on an
annual Federal Government fiscal year basis, its progress against the
goals by providing the actual annual dollar value of subcontract
payments for the preceding 12-month period, and the relationship of
those payments to the incurred contract costs for the same period.
Reports submitted pursuant to this clause must be received by the
contracting officer (or designee) not later than 45 days after the end
of the reporting period.
(2) If the contract includes reporting requirements under FAR
52.219-9, Small, Small Disadvantaged and Women-Owned
Subcontracting Plan, the contractor's progress against the goals stated
in paragraph (b) of this clause shall be included as an addendum to
Standard Form (SF) 294, Subcontracting Report for Individual
Contracts, and/or SF 295, Summary Subcontract Report, as
applicable, for the period that corresponds to the end of the Federal
Government fiscal year.
[60 FR 22302, May 5, 1995; 61 FR 21975, May 13, 1996]
952.226-73 Energy Policy Act target group representation.
As prescribed in 926.7007(d), insert the following
provision:
(a) The offeror is:
(1) ____An institution of higher education that meets the
requirements of 34 CFR 600.4(a), and has a student enrollment that
consists of at least 20 percent:
(i) Hispanic Americans, i.e., students whose origins are in Mexico,
Puerto Rico, Cuba, or Central or South America, or any combination
thereof, or
(ii) Native Americans, i.e., American Indians, Eskimos, Aleuts, and
Native Hawaiians, or any combination thereof;
(2) ____An institution of higher learning determined to be a
Historically Black College and University by the Secretary of
Education pursuant to 34 CFR 608.2; or
(3) ____A small business concern, as defined under section 3 of the
Small Business Act (15 U.S.C. 632), that is owned and controlled by
individuals who are both socially and economically disadvantaged
within the meaning of section 8(d) of the Small Business Act (15
U.S.C. 637(d)) or by a woman or women.
(b) By submission of an offer, the offeror agrees to provide to the
Contracting Officer, upon request, evidence satisfactory to the
contracting officer that the offeror is an entity from the Energy Policy
Act target group identified.
[60 FR 22302, May 5, 1995; 62 FR 42072, Aug. 5,
1997]
952.226-74 Displaced employee hiring preference.
As prescribed in 48 CFR (DEAR) 926.7104, insert the
following clause.
(a) Definition.
Eligible employee means a current or former employee of a
contractor or subcontractor employed at a Department of Energy
Defense Nuclear Facility (1) whose position of employment has been,
or will be, involuntarily terminated (except if terminated for cause),
(2) who has also met the eligibility criteria contained in the
Department of Energy guidance for contractor work force
restructuring, as may be amended or supplemented from time to time,
and (3) who is qualified for a particular job vacancy with the
Department or one of its contractors with respect to work under its
contract with the Department at the time the particular position is
available.
(b) Consistent with Department of Energy guidance for contractor
work force restructuring, as may be amended or supplemented from
time to time, the contractor agrees that it will provide a preference in
hiring to an eligible employee to the extent practicable for work
performed under this contract.
(c) The requirements of this clause shall be included in subcontracts
at any tier (except for subcontracts for commercial items pursuant to
41 U.S.C. 403) expected to exceed $500,000.
[62 FR 34842, Jun. 27, 1997]
952.227 Provisions and clauses related to patents, technical data and copyrights.
952.227-9 Refund of royalties.
As prescribed in 927.206-2, insert the following
clause:
(b) The term "royalties" as used in this clause refers to any costs or
charges in the nature of royalties, license fees, patent or license
amortization costs, or the like, for the use of or for rights in patents
and patent applications in connection with performing this contract or
any subcontract here-under. The term also includes any costs or
charges associated with the access to, use of, or other right pertaining
to data that is represented to be proprietary and is related to the
performance of this contract or the copying of such data or data that
is copyrighted.
(c) The Contractor shall furnish to the Contracting Officer, before
final payment under this contract, a statement of royalties paid or
required to be paid in connection with performing this contract and
subcontracts hereunder together with the reasons.
(d) The Contractor will be compensated for royalties reported under
paragraph (c) of this clause, only to the extent that such royalties
were included in the contract price and are determined by the
Contracting Officer to be properly chargeable to the Government and
allocable to the contract. To the extent that any royalties that are
included in the contract price are not, in fact, paid by the Contractor
or are determined by the Contracting Officer not to be properly
chargeable to the government and allocable to the contract, the
contract price shall be reduced. Repayment or credit to the
Government shall be made as the Contracting Officer directs. The
approval by DOE of any individual payments or royalties shall not
prevent the Government from contesting at any time the
enforceability, validity, scope of, or title to, any patent or the
proprietary nature of data pursuant to which a royalty or other
payment is to be or has been made.
(e) If, at any time within 3 years after final payment under this
contract, the Contractor for any reason is relieved in whole or in part
from the payment of the royalties included in the final contract price
as adjusted pursuant to paragraph (d) of this clause, the Contractor
shall promptly notify the Contracting Officer of that fact and shall
reimburse the Government in a corresponding amount.
(f) The substance of this clause, including this paragraph (f), shall be
included in any subcontract in which the amount of royalties reported
during negotiation of the subcontract exceeds $250.
[60 FR 11812, Mar. 2, 1995]
952.227-11 Patent rights-retention by the contractor (short form).
As prescribed in 927.303(a), insert the following
clause:
PATENT RIGHTS-RETENTION BY THE CONTRACTOR
(1) "Invention" means any invention or discovery which is or may be
patentable or otherwise protectable under title 35 of the United States
Code, or any novel variety of plant which is or may be protected
under the Plant Variety Protection Act (7 U.S.C. 2321, et seq.).
(2) "Made" when used in relation to any invention means the
conception of first actual reduction to practice of such invention.
(3) "Nonprofit organization" means a university or other institution
of higher education or an organization of the type described in section
501(c)(3) of the Internal Revenue Code of l954 (26 U.S.C. 501(c))
and exempt from taxation under section 501(a) of the Internal
Revenue Code (26 U.S.C. 501(a)) or any nonprofit scientific or
educational organization qualified under a state nonprofit
organization statute.
(4) "Practical application" means to manufacture, in the case of a
composition or product; to practice, in the case of a process or
method; or to operate, in the case of a machine or system; and, in
each case, under such conditions as to establish that the invention is
being utilized and that is benefits are, to the extent permitted by law
or Government regulations, available to the public on reasonable
terms.
(5) "Small business firm" means a small business concern as defined
at section 2 of Pub. L. 85-536 (15 U.S.C. 632) and implementing
regulations of the Administrator of the Small Business
Administration. For the purpose of this clause, the size standards for
small business concerns involved in Government procurement and subcontracting at 13 CFR 121.3-8 and 13 CFR 121.3-12,
respectively, will be used.
(6) "Subject invention" means any invention of the contractor
conceived or first actually reduced to practice in the performance of
work under this contract, provided that in the case of a variety of
plant, the date of determination (as defined in section 41(d) of the
Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur
during the period of contract performance.
(7) "Agency licensing regulations" and "agency regulations
concerning the licensing of Government-owned inventions" mean the
Department of Energy patent licensing regulations at 10 CFR Part
781.
(b) Allocation of principal rights. The Contractor may retain the
entire right, title, and interest throughout the world to each subject
invention subject to the provisions of this clause and 35 U.S.C. 203.
With respect to any subject invention in which the Contractor retains
title, the Federal Government shall have a nonexclusive,
nontransferable, irrevocable, paid-up license to practice or have
practiced for or on behalf of the United States the subject invention
throughout the world.
(c) Invention disclosure, election of title, and filing of patent
application by Contractor. (1) The Contractor will disclose each
subject invention to the Department of Energy (DOE) within 2
months after the inventor discloses it in writing to Contractor
personnel responsible for patent matters. The disclosure to DOE shall
be in the form of a written report and shall identify the contract under
which the invention was made and the inventor(s). It shall be
sufficiently complete in technical detail to convey a clear
understanding to the extent known at the time of the disclosure, of the
nature, purpose, operation, and the physical, chemical, biological or
electrical characteristics of the invention. The disclosure shall also
identify any publication, on sale or public use of the invention and
whether a manuscript describing the invention has been submitted for
publication and, if so, whether it has been accepted for publication at
the time of disclosure. In addition, after disclosure to the DOE, the
Contractor will promptly notify that agency of the acceptance of any
manuscript describing the invention for publication or of any on sale
or public use planned by the Contractor. (2) The Contractor will
elect in writing whether or not to retain title to any such invention by
notifying DOE within 2 years of disclosure to DOE. However, in
any case where publication, on sale or public use has initiated the
l-year statutory period wherein valid patent protection can still be
obtained in the United States, the period for election of title may be
shortened by DOE to a date that is no more than 60 days prior to the
end of the statutory period. (3) The Contractor will file its initial
patent application on a subject invention to which it elects to retain
title within 1 year after election of title or, if earlier, prior to the end
of any statutory period wherein valid patent protection can be
obtained in the United States after a publication, on sale, or public
use. The Contractor will file patent applications in additional
countries or international patent offices within either 10 months of
the corresponding initial patent application or 6 months from the date
permission is granted by the Commissioner of Patents and
Trademarks to file foreign patent applications where such filing has
been prohibited by a Secrecy Order.
(4) Requests for extension of the time for disclosure, election, and
filing under subparagraphs (c)(l), (2), and (3) of this clause may, at
the discretion of the agency, be granted.
(d) Conditions when the Government may obtain title. The
Contractor will convey to the Federal agency, upon written request,
title to any subject invention--
(1) If the Contractor fails to disclose or elect title to the subject
invention within the times specified in paragraph (c) of this clause, or
elects not to retain title; provided, that DOE may only request title
within 60 days after learning of the failure of the Contractor to
disclose or elect within the specified times. (2) In those countries in
which the Contractor fails to file patent applications within the times
specified in paragraph (c) of this clause; provided, however, that if
the Contractor has filed a patent application in a country after the
times specified in paragraph (c) of this clause, but prior to its receipt
of the written request of the Federal agency, the Contractor shall
continue to retain title in that country. (3) In any country in which the
Contractor decides not to continue the prosecution of any application
for, to pay the maintenance fees on, or defend in reexamination or
opposition proceeding on, a patent on a subject invention.
(e) Minimum rights to Contractor and protection of the Contractor
right to file. (1) The Contractor will retain a nonexclusive
royalty-free license throughout the world in each subject invention to
which the Government obtains title, except if the Contractor fails to
disclose the invention within the times specified in paragraph (c) of
this clause. The Contractor's license extends to its domestic
subsidiary and affiliates, if any, within the corporate structure of
which the Contractor is a party and includes the right to grant
sublicenses of the same scope to the extent the Contractor was legally
obligated to do so at the time the contract was awarded. The license
is transferable only with the approval of the Federal agency, except
when transferred to the successor of that part of the Contractor's
business to which the invention pertains.
(2) The Contractor's domestic license may be revoked or modified by
DOE to the extent necessary to achieve expeditious practical
application of subject invention pursuant to an application for an
exclusive license submitted in accordance with applicable provisions
at 37 CFR Part 404 and agency licensing regulations. This license
will not be revoked in that field of use or the geographical areas in
which the Contractor has achieved practical application and
continues to make the benefits of the invention reasonably accessible
to the public. The license in any foreign country may be revoked or
modified at the discretion of DOE to the extent the Contractor, its
licensees, or the domestic subsidiaries or affiliates have failed to
achieve practical application in that foreign country. (3) Before
revocation or modification of the license, DOE will furnish the
Contractor a written notice of its intention to revoke or modify the
license, and the Contractor will be allowed 30 days (or such other
time as may be authorized by DOE for good cause shown by the
Contractor) after the notice to show cause why the license should not
be revoked or modified. The Contractor has the right to appeal, in
accordance with applicable regulations in 37 CFR Part 404 and
agency regulations concerning the licensing of Government owned
inventions, any decision concerning the revocation or modification of
the license.
(f) Contractor action to protect the Government's interest. (1) The
Contractor agrees to execute or to have executed and promptly
deliver to DOE all instruments necessary to (i) establish or confirm
the rights the Government has throughout the world in those subject
inventions to which the Contractor elects to retain title, and (ii)
convey title to DOE when requested under paragraph (d) of this
clause and to enable the government to obtain patent protection
throughout the world in that subject invention. (2) The Contractor
agrees to require, by written agreement, its employees, other than
clerical and nontechnical employees, to disclose promptly in writing
to personnel identified as responsible for the administration of patent
matters and in a format suggested by the Contractor each subject
invention made under contract in order that the Contractor can
comply with the disclosure provisions of paragraph (c) of this clause,
and to execute all papers necessary to file patent applications on
subject inventions and to establish the Government's rights in the
subject inventions. This disclosure format should require, as a
minimum, the information required by subparagraph (c)(1) of this
clause. The Contractor shall instruct such employees, through
employee agreements or other suitable educational programs, on the
importance of reporting inventions in sufficient time to permit the
filing of patent applications prior to U.S. or foreign statutory bars. (3)
The Contractor will notify DOE of any decision not to continue the
prosecution of a patent application, pay maintenance fees, or defend
in a reexamination or opposition proceeding on a patent, in any
country, not less than 30 days before the expiration of the response
period required by the relevant patent office. (4) The Contractor agrees to include, within the specification of any United States patent
application and any patent issuing thereon covering a subject
invention, the following statement, "This invention was made with
Government support under (identify the contract) awarded by the
United States Department of Energy. The Government has certain
rights in the invention."
(g) Subcontracts. (1) The Contractor will include this clause,
suitably modified to identify the parties, in all subcontracts,
regardless of tier, for experimental, developmental, or research work
to be performed by a small business firm or domestic nonprofit
organization. The subcontractor will retain all rights provided for the
Contractor in this clause, and the Contractor will not, as part of the
consideration for awarding the subcontract, obtain rights in the
subcontractor's subject inventions. (2) The contractor shall include
in all other subcontracts, regardless of tier, for experimental,
developmental, demonstration, or research work the patent rights
clause at 952.227-13. (3) In the case of subcontracts, at any tier,
DOE, subcontractor, and the Contractor agree that the mutual
obligations of the parties created by this clause constitute a contract
between the subcontractor and DOE with respect to the matters
covered by the clause; provided, however, that nothing in this
paragraph is intended to confer any jurisdiction under the Contract
Disputes Act in connection with proceedings under paragraph (j) of
this clause.
(h) Reporting on utilization of subject inventions. The Contractor
agrees to submit, on request, periodic reports no more frequently than
annually on the utilization of a subject invention or on efforts at
obtaining such utilization that are being made by the Contractor or its
licensees or assignees. Such reports shall include information
regarding the status of development, date of first commercial sale or
use, gross royalties received, by the Contractor, and such other data
and information as DOE may reasonably specify. The Contractor
also agrees to provide additional reports as may be requested by DOE
in connection with any march-in proceeding undertaken by that
agency in accordance with paragraph (j) of this clause. As required
by 35 U.S.C. 202(c)(5), DOE agrees it will not disclose such
information to persons outside the Government without permission of
the Contractor.
(i) Preference for United States industry. Notwithstanding any other
provision of this clause, the Contractor agrees that neither it nor any
assignee will grant to any person the exclusive right to use or sell any
subject invention in the United States unless such person agrees that
any product embodying the subject invention or produced through the
use of the subject invention will be manufactured substantially in the
United States. However, in individual cases, the requirement for
such an agreement may be waived by DOE upon a showing by the
Contractor or its assignee that reasonable but unsuccessful efforts
have been made to grant licenses on similar terms to potential
licensees that would be likely to manufacture substantially in the
United States or that under the circumstances domestic manufacture
is not commercially feasible.
(j) March-in rights. The Contractor agrees that, with respect to any subject invention in which it has acquired title, DOE has the right in accordance with the procedures in 37 CFR 401.6 and any supplemental regulations of the agency to require the Contractor, an assignee or exclusive licensee of a subject invention to grant a nonexclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant or applicants, upon terms that are reasonable under the circumstances, and, if the Contractor, assignee, or exclusive licensee refuses such a request, DOE has the right to grant such a license itself if DOE determines that-- (1) Such action is necessary because the Contractor or assignee has not taken, or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in such field of use; (2) Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the Contractor, assignee, or their licensees; (3) Such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the Contractor, assignee, or licensees; or
(4) Such action is necessary because the agreement required by
paragraph (i) of this clause has not been obtained or waived or
because a licensee of the exclusive right to use or sell any subject
invention in the United States is in breach of such agreement.
(k) Special provisions for contracts with nonprofit organizations. If
the Contractor is a nonprofit organization, it agrees that-- (1) Rights
to a subject invention in the United States may not be assigned
without the approval of the Federal agency, except where such
assignment is made to an organization which has as one of its
primary functions the management of inventions; provided, that such
assignee will be subject to the same provisions as the Contractor; (2)
The Contractor will share royalties collected on a subject invention
with the inventor, including Federal employee co-inventors (when
DOE deems it appropriate) when the subject invention is assigned in
accordance with 35 U.S.C. 202(e) and 37 CFR 401.10; (3) The
balance of any royalties or income earned by the Contractor with
respect to subject inventions, after payment of expenses (including
payments to inventors) incidental to the administration of subject
inventions will be utilized for the support of scientific research or
education; and (4) It will make efforts that are reasonable under the
circumstances to attract licensees of subject inventions that are small
business firms, and that it will give a preference to a small business
firm when licensing a subject invention if the Contractor determines
that the small business firm has a plan or proposal for marketing the
invention which, if executed, is equally as likely to bring the
invention to practical application as any plans or proposals from
applicants that are not small business firms; provided, that the
Contractor is also satisfied that the small business firm has the
capability and resources to carry out its plan or proposal. The
decision whether to give a preference in any specific case will be at
the discretion of the contractor. However, the Contractor agrees that
the Secretary of Commerce may review the Contractor's licensing
program and decisions regarding small business applicants, and the
Contractor will negotiate changes to its licensing policies, procedures,
or practices with the Secretary of Commerce when that Secretary's
review discloses that the Contractor could take reasonable steps to
more effectively implement the requirements of this subparagraph
(k)(4).
(l) Communications.
(1) The contractor shall direct any notification, disclosure, or request
to DOE provided for in this clause to the DOE patent counsel
assisting the DOE contracting activity, with a copy of the
communication to the Contracting Officer. (2) Each exercise of
discretion or decision provided for in this clause, except
subparagraph (k)(4), is reserved for the DOE Patent Counsel and is
not a claim or dispute and is not subject to the Contract Disputes Act
of 1978. (3) Upon request of the DOE Patent Counsel or the
contracting officer, the contractor shall provide any or all of the
following:
(i) a copy of the patent application, filing date, serial number and
title, patent number, and issue date for any subject invention in any
country in which the contractor has applied for a patent;
(ii) a report, not more often than annually, summarizing all subject
inventions which were disclosed to DOE individually during the
reporting period specified; or
(iii) a report, prior to closeout of the contract, listing all subject
inventions or stating that there were none.
(End of clause)
952.227-13 Patent rights-acquisition by the Government.
As prescribed at 927.303(c), insert the following
clause:
(a) Definitions.
"Invention", as used in this clause, means any invention or discovery
which is or may be patentable or otherwise protectable under title 35
of the United States Code or any novel variety of plant that is or may
be protectable under the Plant Variety Protection Act (7 U.S.C. 2321,
et seq.).
"Practical application", as used in this clause, means to manufacture,
in the case of a composition or product; to practice, in the case of a
process or method; or to operate, in the case of a machine or system;
and, in each case, under such conditions as to establish that the
invention is being utilized and that its benefits are, to the extent
permitted by law or Government regulations, available to the public
on reasonable terms.
"Subject invention", as used in this clause, means any invention of
the Contractor conceived or first actually reduced to practice in the
course of or under this contract.
"Patent Counsel", as used in this clause, means the Department of
Energy Patent Counsel assisting the procuring activity.
"DOE patent waiver regulations", as used in this clause, means the
Department of Energy patent waiver regulations at 41 CFR 9-9.109-
6 or successor regulations. See 10 CFR part 784.
"Agency licensing regulations" and "applicable agency licensing
regulations", as used in this clause, mean the Department of Energy
patent licensing regulations at 10 CFR Part 781.
(b) Allocations of principal rights.
(1) Assignment to the Government. The Contractor agrees to assign
to the Government 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 subparagraph (b)(2) and
paragraph (d) of this clause. (2) Greater rights determinations. (i)
The contractor, or an employee-inventor after consultation with the
Contractor, may request greater rights than the nonexclusive license
and the foreign patent rights provided in paragraph (d) of this clause
on identified inventions in accordance with the DOE patent waiver
regulations. A request for a determination of whether the Contractor
or the employee-inventor is entitled to acquire such greater rights
must be submitted to the Patent Counsel with a copy to the
Contracting Officer at the time of the first disclosure of the invention
pursuant to subparagraph (e)(2) of this clause, or not later than 8
months thereafter, unless a longer period is authorized in writing by
the Contracting Officer for good cause shown in writing by the
Contractor. Each determination of greater rights under this contract
shall be subject to paragraph (c) of this clause, unless otherwise
provided in the greater rights determination, and to the reservations
and conditions deemed to be appropriate by the Secretary of Energy
or designee.
(ii) Within two (2) months after the filing of a patent application, the
Contractor shall provide the filing date, serial number and title, a
copy of the patent application (including an English-language version
if filed in a language other than English), and, promptly upon
issuance of a patent, provide the patent number and issue date for any
subject invention in any country for which the Contractor has been
granted title or the right to file and prosecute on behalf of the United
States by the Department of Energy.
(iii) Not less than thirty (30) days before the expiration of the
response period for any action required by the Patent and Trademark
Office, notify the Patent Counsel of any decision not to continue
prosecution of the application.
(iv) Upon request, the Contractor shall furnish the Government an
irrevocable power to inspect and make copies of the patent
application file.
(c) Minimum rights acquired by the Government. (1) With respect to
each subject invention to which the Department of Energy grants the
Contractor principal or exclusive rights, the Contractor agrees as
follows:
(i) The Contractor hereby grants to the Government a nonexclusive,
nontransferable, irrevocable, paid-up license to practice or have
practiced each subject invention throughout the world by or on behalf
of the Government of the United States (including any Government
agency).
(ii) The Contractor agrees that with respect to any subject invention
in which DOE has granted it title, DOE has the right in accordance
with the procedures in the DOE patent waiver regulations (10 CFR
part 784) to require the Contractor, an assignee, or exclusive licensee
of a subject invention to grant a nonexclusive, partially exclusive, or
exclusive license in any field of use to a responsible applicant or
applicants, upon terms that are reasonable under the circumstances,
and if the Contractor, assignee, or exclusive licensee refuses such a
request, DOE has the right to grant such a license itself if it
determines that-- (A) Such action is necessary because the Contractor
or assignee has not taken, or is not expected to take within a
reasonable time, effective steps to achieve practical application of the
subject invention in such field of use; (B) Such action is necessary to
alleviate health or safety needs which are not reasonably satisfied by
the Contractor, assignee, or their licensees; (C) Such action is
necessary to meet requirements for public use specified by Federal
regulations and such requirements are not reasonably satisfied by the
Contractor, assignee, or licensees; or (D) Such action is necessary
because the agreement required by paragraph (i) of this clause has
neither been obtained nor waived or because a licensee of the
exclusive right to use or sell any subject invention in the United
States is in breach of such agreement.
(iii) The Contractor agrees to submit on request periodic reports no
more frequently than annually on the utilization of a subject
invention or on efforts at obtaining such utilization of a subject
invention or on efforts at obtaining such utilization that are being
made by the Contractor or its licensees or assignees. Such reports
shall include information regarding the status of development, date of
first commercial sale or use, gross royalties received by the
Contractor, and such other data and information as DOE may
reasonably specify. The Contractor also agrees to provide additional
reports as may be requested by DOE in connection with any march-in
proceedings undertaken by that agency in accordance with
subparagraph (c)(1)(ii) of this clause. To the extent data or
information supplied under this section is considered by the
Contractor, its licensee, or assignee to be privileged and confidential
and is so marked, the Department of Energy agrees that, to the extent
permitted by law, it will not disclose such information to persons
outside the Government.
(iv) The Contractor agrees, when licensing a subject invention, to
arrange to avoid royalty charges on acquisitions involving
Government funds, including funds derived through a Military
Assistance Program of the Government or otherwise derived through
the Government, to refund any amounts received as royalty charges
on a subject invention in acquisitions for, or on behalf of, the
Government, and to provide for such refund in any instrument
transferring rights in the invention to any party.
(v) The Contractor agrees to provide for the Government's paid-up
license pursuant to subparagraph (c)(1)(i) of this clause in any
instrument transferring rights in a subject invention and to provide for
the granting of licenses as required by subparagraph (c)(1)(ii) of this
clause, and for the reporting of utilization information as required by
subparagraph (c)(1)(iii) of this clause, whenever the instrument
transfers principal or exclusive rights in a subject invention. (2)
Nothing contained in this paragraph (c) shall be deemed to grant to the Government any rights with respect to any invention other than a
subject invention.
(d) Minimum rights to the Contractor. (1) The Contractor is hereby
granted 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 obtains title, unless the
Contractor fails to disclose the subject invention within the times
specified in subparagraph (e)(2) of this clause. The Contractor's
license extends to its domestic subsidiaries and affiliates, if any,
within the corporate structure of which the Contractor is a part and
includes the right to grant sublicenses of the same scope to the extent
the Contractor was legally obligated to do so at the time the contract
was awarded. The license is transferable only with the approval of
DOE except when transferred to the successor of that part of the
Contractor's business to which the invention pertains. (2) The
Contractor's domestic license may be revoked or modified by DOE to
the extent necessary to achieve expeditious practical application of
the subject invention pursuant to an application for an exclusive
license submitted in accordance with applicable provisions in 37
CFR Part 404 and agency licensing regulations. This license will not
be revoked in that field of use or the geographical areas in which the
Contractor has achieved practical applications and continues to make
the benefits of the invention reasonably accessible to the public. The
license in any foreign country may be revoked or modified at the
discretion of DOE to the extent the Contractor, its licensees, or its
domestic subsidiaries or affiliates have failed to achieve practical
application in that foreign country. (3) Before revocation or
modification of the license, DOE will furnish the Contractor a written
notice of its intention to revoke or modify the license, and the
Contractor will be allowed 30 days (or such other time as may be
authorized by DOE for good cause shown by the Contractor) after the
notice to show cause why the license should not be revoked or
modified. The Contractor has the right to appeal, in accordance with
applicable agency licensing regulations and 37 CFR Part 404
concerning the licensing of Government-owned inventions, any
decision concerning the revocation or modification of its license. (4)
The Contractor may request the right to acquire patent rights to a
subject invention in any foreign country where the Government has
elected not to secure such rights, subject to the conditions in
subparagraphs (d)(4)(i) through (d)(4)(vii) of this clause. Such
request must be made in writing to the Patent Counsel as part of the
disclosure required by subparagraph (e)(2) of this clause, with a copy
to the DOE Contracting Officer. DOE approval, if given, will be
based on a determination that this would best serve the national
interest.
(i) The recipient of such rights, when specifically requested by DOE,
and three years after issuance of a foreign patent disclosing the
subject invention, shall furnish DOE a report stating:
(A) The commercial use that is being made, or is intended to be
made, of said invention, and
(B) The steps taken to bring the invention to the point of practical
application or to make the invention available for licensing.
(ii) The Government shall retain at least an irrevocable,
nonexclusive, paid-up license to make, use, and sell the invention
throughout the world by or on behalf of the Government (including
any Government agency) and States and domestic municipal
governments, unless the Secretary of Energy or designee determines
that it would not be in the public interest to acquire the license for the
States and domestic municipal governments.
(iii) If noted elsewhere in this contract as a condition of the grant of an advance waiver of the Government's title to inventions under this contract, or, if no advance waiver was granted but a waiver of the Government's title to an identified invention is granted pursuant to subparagraph (b)(2) of this clause upon a determination by the Secretary of Energy that it is in the Government's best interest, this license shall include the right of the Government to sublicense foreign
governments pursuant to any existing or future treaty or agreement
with such foreign governments.
(iv) Subject to the rights granted in subparagraphs (d)(1), (2), and
(3) of this clause, the Secretary of Energy or designee shall have the
right to terminate the foreign patent rights granted in this
subparagraph (d)(4) in whole or in part unless the recipient of such
rights demonstrates to the satisfaction of the Secretary of Energy or
designee that effective steps necessary to accomplish substantial
utilization of the invention have been taken or within a reasonable
time will be taken.
(v) Subject to the rights granted in subparagraphs (d)(1), (2), and (3)
of this clause, the Secretary of Energy or designee shall have the
right, commencing four years after foreign patent rights are accorded
under this subparagraph (d)(4), to require the granting of a
nonexclusive or partially exclusive license to a responsible applicant
or applicants, upon terms reasonable under the circumstances, and in
appropriate circumstances to terminate said foreign patent rights in
whole or in part, following a hearing upon notice thereof to the
public, upon a petition by an interested person justifying such
hearing:
(A) If the Secretary of Energy or designee determines, upon review
of such material as he deems relevant, and after the recipient of such
rights or other interested person has had the opportunity to provide
such relevant and material information as the Secretary or designee
may require, that such foreign patent rights have tended substantially
to lessen competition or to result in undue market concentration in
any section of the United States in any line of commerce to which the
technology relates; or
(B) Unless the recipient of such rights demonstrates to the
satisfaction of the Secretary of Energy or designee at such hearing
that the recipient has taken effective steps, or within a reasonable
time thereafter is expected to take such steps, necessary to accomplish
substantial utilization of the invention.
(vi) If the contractor is to file a foreign patent application on a
subject invention, the Government agrees, upon written request, to
use its best efforts to withhold publication of such invention
disclosures for such period of time as specified by Patent Counsel,
but in no event shall the Government or its employees be liable for
any publication thereof.
(vii) Subject to the license specified in subparagraphs (d)(1), (2), and
(3) of this clause, the contractor or inventor agrees to convey to the
Government, upon request, the entire right, title, and interest in any
foreign country in which the contractor or inventor fails to have a
patent application filed in a timely manner or decides not to continue
prosecution or to pay any maintenance fees covering the invention.
To avoid forfeiture of the patent application or patent, the contractor
or inventor shall, not less than 60 days before the expiration period
for any action required by any patent office, notify the Patent Counsel
of such failure or decision, and deliver to the Patent Counsel, the
executed instruments necessary for the conveyance specified in this
paragraph.
(e) Invention identification, disclosures, and reports. (1) The
Contractor shall establish and maintain active and effective
procedures to assure that subject inventions are promptly identified
and disclosed o Contractor personnel responsible for patent matters
within 6 months of conception and/or first actual reduction to
practice, whichever occurs first in the performance of work under this
contract. These procedures shall include the maintenance of
laboratory notebooks or equivalent records and other records as are
reasonably necessary to document the conception and/or the first
actual reduction to practice of subject inventions, and records that
show that the procedures for identifying and disclosing the inventions
are followed. Upon request, the Contractor shall furnish the
Contracting Officer a description of such procedures for evaluation
and for determination as to their effectiveness.
(2) The Contractor shall disclose each subject invention to the DOE
Patent Counsel with a copy to the Contracting Officer within 2
months after the inventor discloses it in writing to Contractor
personnel responsible for patent matters or, if earlier, within 6 months
after the Contractor becomes aware that a subject invention has been
made, but in any event before any on sale, public use, or publication
of such invention known to the Contractor. The disclosure to DOE
shall be in the form of a written report and shall identify the contract
under which the invention was made and the inventor(s). It shall be
sufficiently complete in technical detail to convey a clear
understanding, to the extent known at the time of the disclosure, of
the nature, purpose, operation, and physical, chemical, biological, or
electrical characteristics of the invention. The disclosure shall also
identify any publication, on sale, or public use of the invention and
whether a manuscript describing the invention has been submitted for
publication and, if so, whether it has been accepted for publication at
the time of disclosure. In addition, after disclosure to DOE, the
Contractor shall promptly notify Patent Counsel of the acceptance of
any manuscript describing the invention for publication or of any on
sale or public use planned by the Contractor. The report should also
include any request for a greater rights determination in accordance
with subparagraph (b)(2) of this clause. When an invention is
disclosed to DOE under this paragraph, it shall be deemed to have
been made in the manner specified in Sections (a)(1) and (a)(2) of 42
U.S.C. 5908, unless the Contractor contends in writing at the time the
invention is disclosed that is was not so made.
(3)
The Contractor shall furnish the Contracting Officer the following:
(i) Interim reports every 12 months (or such longer period as may be
specified by the Contracting Officer) from the date of the contract,
listing all subject inventions during that period, and including a
statement that all subject inventions have been disclosed (or that there
are not such inventions), and that such disclosure has been made in
accordance with the procedures required by paragraph (e)(1) of this
clause.
(ii) A final report, within 3 months after completion of the contracted
work listing all subject inventions or containing a statement that there
were no such inventions, and listing all subcontracts at any tier
containing a patent rights clause or containing a statement that there
were no such subcontracts.
(4) The Contractor agrees to require, by written agreement, its employees, other than clerical and nontechnical employees, to
disclose promptly in writing to personnel identified as responsible for
the administration of patent matters and in a format suggested by the
Contractor each subject invention made under contract in order that
the Contractor can comply with the disclosure provisions of
paragraph (c) of this clause, and to execute all papers necessary to
file patent applications on subject inventions and to establish the
Government's rights in the subject inventions. This disclosure format
should require, as a minimum, the information required by
subparagraph (e)(2) of this clause. (5) The Contractor agrees, subject
to FAR 27.302(j), 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.
(f) Examination of records relating to inventions.
(1) The Contracting Officer or any authorized representative shall,
until 3 years after final payment under this contract, have the right to
examine any books (including laboratory notebooks), records, and
documents of the Contractor relating to the conception or first actual
reduction to practice of inventions in the same field of technology as
the work under this contract to determine whether--
(i) Any such inventions are subject inventions;
(ii) The Contractor has established and maintains the procedures
required by subparagraphs (e)(1) and (4) of this clause;
(iii) The Contractor and its inventors have complied with the
procedures. (2) If the Contracting Officer learns of an unreported
Contractor invention which the Contracting Officer believes may be a
subject invention, the Contractor may be required to disclose the
invention to DOE for a determination of ownership rights.
(3) Any examination of records under this paragraph will be subject
to appropriate conditions to protect the confidentiality of the
information involved.
(g) Withholding of payment (NOTE: This paragraph does not apply
to subcontracts). (1) Any time before final payment under this
contract, the Contracting Officer may, in the Government's interest,
withhold payment until a reserve not exceeding $50,000 or 5 percent
of the amount of this contract, whichever is less, shall have been set
aside if, in the Contracting Officer's opinion, the Contractor fails to--
(i) Convey to the Government, using a DOE-approved form, the title
and/or rights of the Government in each subject invention as required
by this clause.
(ii) Establish, maintain, and follow effective procedures for
identifying and disclosing subject inventions pursuant to
subparagraph (e)(1) of this clause;
(iii) Disclose any subject invention pursuant to subparagraph (e)(2)
of this clause;
(iv) Deliver acceptable interim reports pursuant to subparagraph
(e)(3)(i) of this clause; or
(v) Provide the information regarding subcontracts pursuant to
subparagraph (h)(4) of this clause. (2) Such reserve or balance shall
be withheld until the Contracting Officer has determined that the
Contractor has rectified whatever deficiencies exist and has delivered
all reports, disclosures, and other information required by this clause.
(3) Final payment under this contract shall not be made before the
Contractor delivers to the Contracting Officer all disclosures of
subject inventions required by subparagraph (e)(2) of this clause, and
acceptable final report pursuant to subparagraph (e)(3)(ii) of this
clause, and the Patent Counsel has issued a patent clearance
certification to the Contracting Officer.
(4) The Contracting Officer may decrease or increase the sums
withheld up to the maximum authorized above. No amount shall be
withheld under this paragraph while the amount specified by this
paragraph is being withheld under other provisions of the contract.
The withholding of any amount or the subsequent payment thereof
shall not be construed as a waiver of any Government rights.
(h) Subcontracts.
(1) The contractor shall include the clause at 48 CFR 952.227-11
(suitably modified to identify the parties) in all subcontracts,
regardless of tier, for experimental, developmental, demonstration, or
research work to be performed by a small business firm or domestic
nonprofit organization, except where the work of the subcontract is
subject to an Exceptional Circumstances Determination by DOE. In
all other subcontracts, regardless of tier, for experimental,
developmental, demonstration, or research work, the contractor shall
include this clause (suitably modified to identify the parties). The
contractor shall not, as part of the consideration for awarding the
subcontract, obtain rights in the subcontractor's subject inventions.
(2) In the event of a refusal by a prospective subcontractor to accept
such a clause the Contractor--
(i) Shall promptly submit a written notice to the Contracting Officer
setting forth the subcontractor's reasons for such refusal and other
pertinent information that may expedite disposition of the matter; and
(ii) Shall not proceed with such subcontract without the written
authorization of the Contracting Officer. (3) In the case of subcontracts at any tier, DOE, the subcontractor, and Contractor
agree that the mutual obligations of the parties created by this clause
constitute a contract between the subcontractor and DOE with respect
to those matters covered by this clause. (4) The Contractor shall
promptly notify the Contracting Officer in writing upon the award of
any subcontract at any tier containing a patent rights clause by
identifying the subcontractor, the applicable patent rights clause, the
work to be performed under the subcontract, and the dates of award
and estimated completion. Upon request of the Contracting Officer,
the Contractor shall furnish a copy of such subcontract, and, no more
frequently than annually, a listing of the subcontracts that have been
awarded. (5) The contractor shall identify all subject inventions of
the subcontractor of which it acquires knowledge in the performance
of this contract and shall notify the Patent Counsel, with a copy to the
contracting officer, promptly upon identification of the inventions.
(i) Preference United States industry. Unless provided otherwise, no
Contractor that receives title to any subject invention and no assignee
of any such Contractor shall grant to any person the exclusive right to
use or sell any subject invention in the United States unless such
person agrees that any products embodying the subject invention will
be manufactured substantially in the United States. However, in
individual cases, the requirement may be waived by the Government
upon a showing by the Contractor or assignee that reasonable but
unsuccessful efforts have been made to grant licenses on similar
terms to potential licensees that would be likely to manufacture
substantially in the United States or that under the circumstances
domestic manufacture is not commercially feasible.
(j) Atomic energy.
(1) No claim for pecuniary award of compensation under the
provisions of the Atomic Energy Act of 1954, as amended, shall be
asserted with respect to any invention or discovery made or conceived
in the course of or under this contract.
(2) Except as otherwise authorized in writing by the Contracting
Officer, the Contractor will obtain patent agreements to effectuate the
provisions of subparagraph (e)(1) 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.
(k) Background Patents.
(1) Background Patent means a domestic patent covering an invention or discovery which is not a subject invention and which is
owned or controlled by the Contractor at any time through the
completion of this contract:
(i) Which the contractor, but not the Government, has the right to
license to others without obligation to pay royalties thereon, and
(ii) Infringement of which cannot reasonably be avoided upon the
practice of any specific process, method, machine, manufacture, or
composition of matter (including relatively minor modifications
thereof) which is a subject of the research, development, or
demonstration work performed under this contract. (2) The
Contractor agrees to and does hereby grant to the Government a
royalty-free, nonexclusive license under any background patent for
purposes of practicing a subject of this contract by or for the
Government in research, development, and demonstration work only.
(3) The Contractor also agrees that upon written application by
DOE, it will grant to responsible parties, for purposes of practicing a
subject of this contract, nonexclusive licenses under any background
patent on terms that are reasonable under the circumstances. If,
however, the Contractor believes that exclusive rights are necessary
to achieve expeditious commercial development or utilization, then a
request may be made to DOE for DOE approval of such licensing by
the Contractor.
(4) Notwithstanding subparagraph (k)(3) of this clause, the contractor shall not be obligated to license any background patent if
the Contractor demonstrates to the satisfaction of the Secretary of
Energy or designee that:
(i) a competitive alternative to the subject matter covered by said
background patent is commercially available or readily introducible
from one or more other sources; or
(ii) the Contractor or its licensees are supplying the subject matter
covered by said background patent in sufficient quantity and at
reasonable prices to satisfy market needs, or have taken effective
steps or within a reasonable time are expected to take effective steps
to so supply the subject matter. l) Publication. It is recognized that
during the course of the work under this contract, the Contractor or
its employees may from time to time desire to release or publish
information regarding scientific or technical developments conceived
or first actually reduced to practice in the course of or under this
contract. In order that public disclosure of such information will not
adversely affect the patent interests of DOE or the Contractor, patent
approval for release of publication shall be secured from Patent
Counsel prior to any such release or publication.
m) Forfeiture of rights in unreported subject inventions.
(1) The Contractor shall forfeit and assign to the Government, at the
request of the Secretary of Energy or designee, all rights in any
subject invention which the Contractor fails to report to Patent
Counsel within six months after the time the Contractor:
(i) Files or causes to be filed a United States or foreign patent
application thereon; or
(ii) Submits the final report required by subparagraph (e)(2)(ii) of
this clause, whichever is later. (2) However, the Contractor shall not
forfeit rights in a subject invention if, within the time specified in
subparagraph (m)(1) of this clause, the Contractor:
(i) Prepares a written decision based upon a review of the record that
the invention was neither conceived nor first actually reduced to
practice in the course of or under the contract and delivers the
decision to Patent Counsel, with a copy to the Contracting Officer; or
(ii) Contending that the invention is not a subject invention, the
Contractor nevertheless discloses the invention and all facts pertinent
to this contention to the Patent Counsel, with a copy to the
Contracting Officer; or
(iii) Establishes that the failure to disclose did not result from the
Contractor's fault or negligence. (3) Pending written assignment of
the patent application and patents on a subject invention determined
by the Secretary of Energy or designee to be forfeited (such
determination to be a final decision under the Disputes clause of this
contract), the Contractor shall be deemed to hold the invention and
the patent applications and patents pertaining thereto in trust for the
Government. The forfeiture provision of this paragraph (m) shall be
in addition to and shall not supersede other rights and remedies which
the Government may have with respect to subject inventions.
[60 FR 11812, Mar. 3, 1995; 62 FR 42072, Aug. 5, 1997; 63 FR 10499, Mar. 4, 1998]
952.227-14 Rights in data-general. (DOE coverage-alternates VI and VII)
(k) Contractor Licensing. Except as may be otherwise specified in this contract as data not subject to this paragraph, the contractor
agrees that upon written application by DOE, it will
grant to the Government and responsible third parties, for purposes of
practicing a subject of this contract, a nonexclusive license in any
limited rights data or restricted computer software on terms and
conditions reasonable under the circumstances including appropriate
provisions for confidentiality; provided, however, the contractor shall
not be obliged to license any such data if the contractor demonstrates
to the satisfaction of the Secretary of Energy or designee that:
(1) Such data are not essential to the manufacture or practice of
hardware designed or fabricated, or processes developed, under this
contract;
(2) Such data, in the form of results obtained by their use, have a
commercially competitive alternate available or readily introducible
from one or more other sources;
(3) Such data, in the form of results obtained by their use, are
being supplied by the contractor or its licensees in sufficient quantity
and at reasonable prices to satisfy market needs, or the
contractor or its licensees have taken effective steps or within a
reasonable time are expected to take effective steps to so supply such
data in the form of results obtained by their use; or
(4) Such data, in the form of results obtained by their use, can be
furnished by another firm skilled in the art of manufacturing items or
performing processes of the same general type and character
necessary to achieve the contract results.
Insert the parenthetical phrase " (except Restricted
Data in category C-24, 10 CFR part 725, in which
DOE has reserved the right to receive reasonable
compensation for the use of its inventions and
discoveries, including related data and technology)."
after the phrase "data first produced or specifically used
by the Contractor in the performance of this contract"
in paragraph (b)(2)(i) of the clause at FAR 52.227-14.
[63 FR 10499, Mar. 4, 1998]
952.227-82 Rights to proposal data.
Pursuant to 927.7002(d), include this clause in any
contract which the decision to make the award included
consideration of a technical proposal.
Except for technical data contained on pages .. of the contractor's
proposal dated .. which are asserted by the contractor as being
proprietary data, it is agreed that, as a condition of the award of this
contract, and notwithstanding the provisions of any notice appearing
on the proposal, the Government shall have the right to use,
duplicate, disclose and have others do so for any purpose whatsoever,
the technical data contained in the proposal upon which this contract
is based.
[62 FR 2310, Jan. 16, 1997]
952.227-84 Notice of right to request patent waiver.
Include this provision in all appropriate solicitations in
accordance with 48 CFR 927.409(t).
952.231-70 Date of incurrence of cost.
In accordance with 931.205-32, insert the following
clause when advance understandings have been
negotiated regarding costs incurred prior to the contract
effective date:
The Contractor shall be entitled to reimbursement for
costs incurred in an amount not to exceed $ .. on or
after .. which, if incurred after this contract has been
entered into, would have been reimbursable under the
provisions of this contract.
[49 FR 12042, Mar. 28, 1984; 49 FR 38952, Oct. 2,
1984]
952.233-2 Service of protest.
As prescribed in 48 CFR 933.106(a), add the following
to the end of the clause at FAR 52.233-2:
(c) Another copy of a protest filed with the General Accounting Office shall be furnished to the following address within the time
periods described in paragraph (b) of this clause: U.S. Department of
Energy, Assistant General Counsel for Procurement and Financial
Assistance (GC-61), 1000 Independence Avenue, S.W., Washington,
DC 20585, Fax: (202) 586-4546.
[61 FR 41702, Aug. 9, 1996]
952.233-4 Notice of protest file availability.
As prescribed in 933.106(b), insert the following
provision:
(a) If a protest of this procurement is filed with the General
Accounting Office (GAO) in accordance with 4 CFR Part 21, any
actual or prospective offeror may request the Department of Energy
to provide it with reasonable access to the protest file pursuant to
FAR 33.104(a)(3)(ii), implementing section 1065 of Public Law
103- 355. Such request must be in writing and addressed to the
contracting officer for this procurement.
(b) Any offeror who submits information or documents to the
Department for the purpose of competing in this procurement is
hereby notified that information or documents it submits may be
included in the protest file that will be available to actual or
prospective offerors in accordance with the requirements of FAR
33.104(a)(3)(ii). The Department will be required to make such
documents available unless they are exempt from disclosure pursuant
to the Freedom of Information Act. Therefore, offerors should mark
any documents as to which they would assert that an exemption
applies. (See 10 CFR part 1004.)
[61 FR 41702, Aug. 9, 1996]
952.233-5 Agency protest review.
As prescribed in 48 CFR 933.106(c), insert the
following provision:
Protests to the Agency will be decided either at the level of the Head
of the Contracting Activity or at the Headquarters level. The
Department of Energy's agency protest procedures, set forth in
933.103, elaborate on these options and on the availability of a
suspension of a procurement that is protested to the agency. The
Department encourages potential protesters to discuss their concerns
with the contracting officer prior to filing a protest.
[61 FR 41702, Aug. 9, 1996
]
952.235-70 Key personnel.
In accordance with 935.070, insert the following
clause.
The personnel specified in an attachment to 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 contractor without
the written consent of 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 attachment to this contract may be
amended from time to time during the course of the contract to either
add or delete personnel, as appropriate.
[49 FR 12042, Mar. 28, 1984, as amended at 56 FR 41965, Aug. 26, 1991; 62 FR 2310, Jan. 16, 1997]
952.236 Construction and architect-engineer contracts.
952.236-70 Administrative terms for architect-engineer contracts.
As prescribed at 936.702(a) the following additional
terms shall be included in Standard Form 252, Item 6:
(a) Description of project. The contracting officer shall include. (As full a description as is feasible should be inserted. If the
architect-engineer services are to be furnished for a construction
project, describe the facilities involved, including any auxiliary
facilities that may be required.)
(b) Statement of architect-engineer services. The contractor shall, within the time specified in the contract, or if not specified therein, in
the shortest reasonable time, furnish for the construction project the
architect-engineer services described below, subject to such further
detailed requirements as may be appended to this contract by
agreement of the parties.
NOTE A: This form of contract provides for completion of the
architect-engineer services "within the shortest reasonable time." The
form may be modified to provide for completion of separable parts of
the work at different times.
NOTE B: When title I, II, or III services are to be furnished, the
following language may be used to describe such services.
Modifications in the text of the language may be made to omit
inappropriate items or, where necessary, to meet particular
circumstances.
(1) Conduct or arrange for, by subcontract or otherwise as approved
by the contracting officer, and supervise all necessary topographical
and other field surveys, the preparation of maps, and necessary test
boring and other surface investigations.
(2) Consult and collaborate with DOE to determine the requirements
which will govern the design of the project and to establish
architectural and engineering criteria for such design.
(3) Conduct preliminary studies, and prepare preliminary sketches,
drawings, layout plans, outline specifications, and reports showing
features and characteristics of the design proposed to meet DOE's
requirements. If more than three studies, including sketches,
drawings, plans, outline specifications, or documents are required
because of changes initiated by DOE, an equitable adjustment in the
lump-sum compensation will be made in accordance with provisions
of the Changes clause.
(4) The drawings, plans, and outline specifications and documents
shall be prepared in such form and furnished in such quantity as
directed by DOE.
NOTE: Specific quantities of the drawings, plans, outline
specifications, and documents should be indicated here or elsewhere
in the contract.
(5) Prepare preliminary estimates of cost and time schedule for (i)
completion of the design, working drawings, and specifications, and
(ii) construction.
(6) Prepare preliminary estimates of material quantities required for
construction.
(1) Upon approval by DOE of preliminary plans and estimates,
undertake the design of the construction project.
(2) Undertake restudy and redesign work due to minor deviations
from the approved preliminary work as may be required by DOE.
(3) Prepare and revise, for the approval of DOE, and furnish
complete sets of contract bidding documents, including working
drawings, details, and specifications for construction, in such form
and quantity and including such provisions as may be required by
law or the directions of DOE.
Note: Specific quantities of drawings and specifications should be
indicated here or elsewhere in the contract.
(4) Prepare, or when directed by DOE, participate with others in the
preparation of a detailed estimate of the cost of construction based on
the approved design and working drawings and specifications.
(5) Assist DOE in securing, analyzing, and evaluating construction
bids or proposals.
(6) When requested, consult with and advise DOE on any questions
which may arise in connection with the architect-engineer services
described in this contract.
(1) Furnish and maintain governing lines and benchmarks to provide
horizontal and vertical controls to which construction progress may
be referred.
(2) Check and approve or require revision of, all vendors' shop
drawings to assure conformity with the approved design and working
drawings and specifications.
(3) Inspect the execution of construction so as to assure adherence to
approved working drawings and specifications.
(4) Inspect construction workmanship and materials, and equipment,
and report to DOE as to their conformity or nonconformity to the
approved working drawings and specifications.
(5) Make or acquire such field or laboratory tests of construction
workmanship, materials, and equipment, as DOE may require or
approve.
(6) Prepare estimates of reasonable amounts of increase or decrease
in contract price and/or contract completion time for contract
modification, evaluate proposal submitted by the constructor for such
contract adjustment and make recommendations to the contracting
officer for use in negotiating.
(7) Prepare reports and make recommendations on status of
deliveries or materials and equipment as DOE may require or
approve.
(8) Prepare monthly and other reports of the progress of construction, as may be required, and partial, interim, and final estimates and
reports of quantities and values of construction work performed, for
payment or other purposes.
(9) Furnish ... set(s) of reproducible "as-built" record drawings of the
type specified by DOE and ... set(s) of marked-up specifications,
showing construction as actually accomplished.
[49 FR 12042, Mar. 28, 1984; 49 FR 38952, Oct. 2, 1984]
952.236-71 Inspection in Architect-Engineer contracts.
As prescribed at 936.609-3 insert the following clause.
The Government, through any authorized representatives, has the
right at all reasonable times, to inspect, or otherwise evaluate the
work performed or being performed hereunder and the premises in
which it is being performed. If any inspection, or evaluation is made
by the Government on the premises of the Contractor or a
subcontractor, the Contractor shall provide and shall require his
subcontractors to provide all reasonable facilities and assistance for
the safety and convenience of the Government representatives in the
performance of their duties. All inspections and evaluations shall be
performed in such a manner as will not unduly delay the work.
[62 FR 2310, Jan. 16, 1997]
952.236-72 Nonrefundable fee for plans and specifications.
In accordance with the requirement at 936.202(j),
include the following in solicitations for construction.
A fee of $... is required for the plans and specifications referenced in
this solicitation. Send check or money order to ...... The fee is not
refundable. Plans and specifications need not be returned.
[49 FR 12042, Mar. 28, 1984; 49 FR 38952, Oct. 2, 1984]
952.237-70 Collective bargaining agreements.protective services.
As prescribed in 937.7040, insert the following clause:
When negotiating collective bargaining agreements applicable to the
work force under this contract, the Contractor shall use its best efforts
to ensure such agreements contain provisions designed to assure
continuity of services. All such agreements entered into during the
contract period of performance should provide that grievances and
disputes involving the interpretation or application of the agreement
will be settled without resorting to strike, lockout, or other
interruption of normal operations. For this purpose, each collective
bargaining agreement should provide an effective grievance
procedure with arbitration as its final step, unless the parties mutually
agree upon some other method of assuring continuity of operations.
As part of such agreements, management and labor should agree to cooperate fully with the Federal Mediation and Conciliation Service.
The contractor shall include the substance of this clause in any
subcontracts for protective services.
[58 FR 36149, Jul. 6, 1993]
952.245 Clauses related to government property.
952.245-2 Government property (fixed-price contracts).
Modify FAR 52.245-2 by adding "and the DOE
Acquisition Regulation Subpart 945.5," after the
reference to FAR Subpart 45.5 in the first sentence of
paragraphs (e)(1) and (e)(2) of the clause.
952.245-5 Government property (cost reimbursement, time-and-materials, or labor-hour
contracts.)
Modify FAR 52.245-5 by adding "and DOE
Acquisition Regulation Subpart 945.5" after the
reference to FAR Subpart 45.5 in paragraphs (e)(1)
and (e)(2) of the clause.
952.247-70 Foreign travel.
When foreign travel may be required under the
contract, insert the following clause.
(a) Foreign travel, when charged directly, shall be subject to the prior
approval of the contracting officer for each separate trip regardless of
whether funds for such travel are contained in an approved budget.
Foreign travel is defined as any travel outside of Canada, Mexico and
the United States and its territories and possessions.
(b) Request for approval shall be submitted at least 45 days prior to
the planned departure date, be on a Request for Approval of Foreign
Travel form, and when applicable, include a notification of proposed
soviet-bloc travel.
[62 FR 2310, Jan. 16, 1997]
952.249 Clauses related to termination.
952.249-70 Termination clause for cost-reimbursement architect-engineer contracts.
In accordance with the provisions prescribed at
949.505 include the following clause in a
cost-reimbursement architect-engineer contract.
(a) Notice of termination for default or convenience. The contracting officer may at any time terminate performance of the work under this contract in whole or from time to time in part for the default of the architect-engineer or for the convenience of the Government by written notice to the architect-engineer stating the ground for termination. Such termination shall be effective in the manner and upon the date specified in said notice and shall be without prejudice
to any claims which the Government may have against the
architect-engineer. Upon receipt of such notice and except as
otherwise directed by the contracting officer, the architect-engineer
shall:
(1) Stop work under the contract on the date and to the extent
specified in the notice of termination;
(2) Place no further orders or subcontracts for materials, services, or
facilities, except as may be necessary for completion of such portion
of the work under the contract as is not terminated; and
(3) Terminate all orders and subcontracts to the extent they relate to
the performance of work terminated by the notice of termination.
(b) Termination for default.
(1) If the architect-engineer refuses or fails to prosecute the work, or
any separable part thereof, with such diligence as will ensure its
completion within the time specified in this contract, or any extension
thereof; or fails to complete said work within such time; or if the
architect-engineer fails to perform any of the other requirements of
this contract, and does not cure such failure within a period of 10
days (or such longer period as the contracting officer may authorize
in writing) after receipt of notice from the contracting officer
specifying such failure, the contracting officer may terminate for
default the architect-engineer's right to proceed with the work as to
which there has been delay, provided that the performance of the
work shall not be terminated for default because of any delays in the
completion of work due to unforeseeable causes beyond the control
and without the fault or negligence of the architect-engineer,
including, but not restricted to, acts of God, or the public enemy, acts
of the Government in either its sovereign or contractual capacity, acts
of another architect-engineer in the performance of a contract with
the Government, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, and unusually severe weather or delay of
subcontractors or suppliers arising from unforeseeable causes beyond
the control and without the fault or negligence of both the
architect-engineer and subarchitect-engineers or suppliers; and if the
architect-engineer within ten (10) days from the beginning of any
such delay (unless the contracting officer grants a further period of
time prior to the date of final settlement of the contract) notifies the
contracting officer in writing of the causes of delay. The contracting
officer shall ascertain the facts and the extent of the delay and extend
the time for completing the work when, in his judgment, the findings
of fact justify such an extension, and his findings of fact thereon shall
be final and conclusive on the parties hereto, subject only to appeal
by the architect-engineer to the head of the agency or his designee in
accordance with "Disputes" clause of this contract.
(2) If, after notice of termination of this contract for default under (1)
above, it is determined for any reason that the architect-engineer was
not in default pursuant to (1), or that the architect-engineer failure to
perform or to make progress in performance is due to causes beyond
the control and without the fault or negligence of the
architect-engineer pursuant to the provisions of this clause relating to
excusable delays, the notice of termination shall be deemed to have
been issued for the convenience of the Government under this clause,
and the rights and obligations to the parties hereto shall in such event
be governed accordingly.
(c) Liability for costs on default. If performance of the work under this contract is terminated for the default of the architect-engineer, the
Government may complete or employ any other person or persons to
complete the work, and the architect-engineer shall be liable to the
Government for increased costs occasioned the Government by the
default.
(d) Terms of settlement. Upon the termination of performance of work under this contract, full and complete settlement of all claims of
the architect-engineer with respect to the terminated work shall be
made as follows:
(1) Assumption of contractor's obligations. The Government shall have the right in its decision to assume all obligations, commitments,
and claims that the architect-engineer may have theretofore in good
faith undertaken or incurred in connection with the terminated work,
the cost of which would be allowable in accordance with the
provisions of this contract; and the architect-engineer shall, as a
condition of receiving the payments mentioned in this article, execute
and deliver all such papers and take all such steps as the contracting
officer may require for the purpose of fully vesting in the
Government all the rights and benefits of the architect-engineer,
related to such obligations, commitments, and claims.
(2) Payments for allowable costs. The Government shall treat as allowable costs all expenditures made in accordance with the clause
herein entitled "Allowable cost and Payment," not previously so
allowed or otherwise credited.
(3) Payment for termination expense. If performance of work under the contract is terminated for the convenience of the Government, the
Government shall reimburse the architect-engineer for such further
expenditures made after the date of termination for the protection of
Government property and for such legal and accounting services in
connection with settlement as are required or approved by the
contracting officer.
(4) Payments on account of fixed fee. If performance work under the contract is terminated for the convenience of the Government, the
architect-engineer shall be paid that portion of the fixed fee which the
work actually completed, so determined by the contracting officer,
bears to the entire work under this contract less payments previously
made on account of the fee. If performance of the work under the
contract is terminated for the default of the architect-engineer, no
further payment beyond that amount due on completed work with
appropriate fee payment, shall accrue on account of the fixed price.
(5) Computation of amount due. In arriving at the amount, if any, due the architect-engineer under this article, there shall be deducted
from what would otherwise be due (i) all unliquidated advances and
all other unliquidated payments on account theretofore made to the
contractor, (ii) any claims of the Government against the contractor
in connection with this contract, and (iii) all deductions due under the
terms of this contract and not otherwise recovered by or credited to
the Government.
(6) Property accounting and release. The architect-engineer shall furnish the accounting for Government-owned property required by
the clause entitled "Property" and the assignment, closing financial
statement, and release required by the clause entitled "Allowable
Cost and Payments."
(e) Rights and remedies of the Government. The rights and remedies of the Government provided in this article are in addition to any other
rights and remedies provided by law or under this contract.
[49 FR 12042, Mar. 28, 1984; 49 FR 38952, Oct. 2, 1984; 62 FR 2310, Jan. 16, 1997]
952.250 Clauses related to indemnification of
contractors.
952.250-70 Nuclear hazards indemnity agreement.
Insert the following clause in accordance with section
950.7006.
(a) Authority. This clause is incorporated into this contract pursuant to the authority contained in subsection 170d. of the Atomic Energy
Act of 1954, as amended (hereinafter called the Act.)
(b) Definitions. The definitions set out in the Act shall apply to this clause.
(c) Financial protection. Except as hereafter permitted or required in writing by DOE, the contractor will not be required to provide or
maintain, and will not provide or maintain at Government expense,
any form of financial protection to cover public liability, as described
in paragraph (d)(2) below. DOE may, however, at any time require
in writing that the contractor provide and maintain financial
protection of such a type and in such amount as DOE shall determine
to be appropriate to cover such public liability, provided that the
costs of such financial protection are reimbursed to the contractor by
DOE.
(d)(1) Indemnification. To the extent that the contractor and other persons indemnified are not compensated by any financial protection
permitted or required by DOE, DOE will indemnify the contractor
and other persons indemnified against (i) claims for public liability as
described in subparagraph (d)(2) of this clause; and (ii) such legal
costs of the contractor and other persons indemnified as are approved
by DOE, provided that DOE's liability, including such legal costs,
shall not exceed the amount set forth in section 170e.(1)(B) of the
Act in the aggregate for each nuclear incident or precautionary
evacuation occurring within the United States or $100 million in the
aggregate for each nuclear incident occurring outside the United
States, irrespective of the number of persons indemnified in
connection with this contract.
(2) The public liability referred to in subparagraph (d)(1) of this
clause is public liability as defined in the Act which (i) arises out of
or in connection with the activities under this contract, including
transportation; and (ii) arises out of or results from a nuclear incident
or precautionary evacuation, as those terms are defined in the Act.
(e)(1) Waiver of Defenses. In the event of a nuclear incident, as defined in the Act, arising out of nuclear waste activities, as defined
in the Act, the contractor, on behalf of itself and other persons
indemnified, agrees to waive any issue or defense as to charitable or
governmental immunity.
(2) In the event of an extraordinary nuclear occurrence which:
(i) Arises out of, results from, or occurs in the course of the
construction, possession, or operation of a production or utilization
facility; or
(ii) Arises out of, results from, or occurs in the course of
transportation of source material, by-product material, or special
nuclear material to or from a production or utilization facility; or
(iii) Arises out of or results from the possession, operation, or use by
the contractor or a subcontractor of a device utilizing special nuclear
material or by-product material, during the course of the contract
activity; or
(iv) Arises out of, results from, or occurs in the course of nuclear
waste activities, the contractor, on behalf of itself and other persons
indemnified, agrees to waive:
(A) Any issue or defense as to the conduct of the claimant (including
the conduct of persons through whom the claimant derives its cause
of action) or fault of persons indemnified, including, but not limited
to:
1. Negligence;
2. Contributory negligence;
3. Assumption of risk; or
4. Unforeseeable intervening causes, whether involving the conduct
of a third person or an act of God;
(B) Any issue or defense as to charitable or governmental immunity;
and
(C) Any issue or defense based on any statute of limitations, if suit is
instituted within 3 years from the date on which the claimant first
knew, or reasonably could have known, of his injury or change and
the cause thereof. The waiver of any such issue or defense shall be
effective regardless of whether such issue or defense may otherwise
be deemed jurisdictional or relating to an element in the cause of
action. The waiver shall be judicially enforceable in accordance with
its terms by the claimant against the person indemnified.
(v) The term extraordinary nuclear occurrence means an event which DOE has determined to be an extraordinary nuclear
occurrence as defined in the Act. A determination of whether or not
there has been an extraordinary nuclear occurrence will be made in
accordance with the procedures in 10 CFR part 840.
(vi) For the purposes of that determination, "offsite" as that term is
used in 10 CFR part 840 means away from "the contract location"
which phrase means any DOE facility, installation, or site at which
contractual activity under this contract is being carried on, and any
contractor-owned or controlled facility, installation, or site at which
the contractor is engaged in the performance of contractual activity
under this contract.
(3) The waivers set forth above:
(i) Shall be effective regardless of whether such issue or defense may
otherwise be deemed jurisdictional or relating to an element in the
cause of action;
(ii) Shall be judicially enforceable in accordance with its terms by the
claimant against the person indemnified;
(iii) Shall not preclude a defense based upon a failure to take
reasonable steps to mitigate damages;
(iv) Shall not apply to injury or damage to a claimant or to a
claimant's property which is intentionally sustained by the claimant
or which results from a nuclear incident intentionally and wrongfully
caused by the claimant;
(v) Shall not apply to injury to a claimant who is employed at the site
of and in connection with the activity where the extraordinary nuclear
occurrence takes place, if benefits therefor are either payable or
required to be provided under any workmen's compensation or
occupational disease law;
(vi) Shall not apply to any claim resulting from a nuclear incident
occurring outside the United States;
(vii) Shall be effective only with respect to those obligations set forth
in this clause and in insurance policies, contracts or other proof of
financial protection; and
(viii) Shall not apply to, or prejudice the prosecution or defense of,
any claim or portion of claim which is not within the protection
afforded under (A) the limit of liability provisions under subsection
170e. of the Act, and (B) the terms of this agreement and the terms of
insurance policies, contracts, or other proof of financial protection.
(f) Notification and litigation of claims. The contractor shall give immediate written notice to DOE of any known action or claim filed or made against the contractor or other person indemnified for public liability as defined in paragraph (d)(2). Except as otherwise directed by DOE, the contractor shall furnish promptly to DOE, copies of all pertinent papers received by the contractor or filed with respect to such actions or claims. DOE shall have the right to, and may collaborate with, the contractor and any other person indemnified in the settlement or defense of any action or claim and shall have the right to (1) require the prior approval of DOE for the payment of any claim that DOE may be required to indemnify hereunder; and (2) appear through the Attorney General on behalf of the contractor or other person indemnified in any action brought upon any claim that DOE may be required to indemnify hereunder, take charge of such
action, and settle or defend any such action. If the settlement or
defense of any such action or claim is undertaken by DOE, the
contractor or other person indemnified shall furnish all reasonable
assistance in effecting a settlement or asserting a defense.
(g) Continuity of DOE obligations. The obligations of DOE under this clause shall not be affected by any failure on the part of the
contractor to fulfill its obligation under this contract and shall be
unaffected by the death, disability, or termination of existence of the
contractor, or by the completion, termination or expiration of this
contract.
(h) Effect of other clauses. The provisions of this clause shall not be limited in any way by, and shall be interpreted without reference to,
any other clause of this contract, including the clause entitled
Contract Disputes, provided, however, that this clause shall be
subject to the clauses entitled Covenant Against Contingent Fees, and
Audit and Records.Negotiation, and any provisions that are later added to this contract as required by applicable Federal law,
including statutes, executive orders and regulations, to be included in
Nuclear Hazards Indemnity Agreements.
(i) Civil penalties. The contractor and its subcontractors and suppliers who are indemnified under the provisions of this clause are
subject to civil penalties, pursuant to 234A of the Act, for violations
of applicable DOE nuclear-safety related rules, regulations, or orders.
(j) Criminal penalties. Any individual director, officer, or employee of the contractor or of its subcontractors and suppliers who are
indemnified under the provisions of this clause are subject to criminal
penalties, pursuant to 223(c) of the Act, for knowing and willful
violation of the Atomic Energy Act of 1954, as amended, and
applicable DOE nuclear safety-related rules, regulations or orders
which violation results in, or, if undetected, would have resulted in a
nuclear incident.
(k) Inclusion in subcontracts. The contractor shall insert this clause in any subcontract which may involve the risk of public liability, as
that term is defined in the Act and further described in paragraph
(d)(2) above. However, this clause shall not be included in
subcontracts in which the subcontractor is subject to Nuclear
Regulatory Commission (NRC) financial protection requirements
under section 170b. of the Act or NRC agreements of indemnification
under section 170c. or k. of the Act for the activities under the
subcontract.
( ) See Note II below for instructions related to this section on
Effective Date.
( ) See Note III below for instructions related to this section on
Relationship to General Indemnity.
NOTE I: Paragraph (i) of the clause will be replaced with "Reserved" in contracts specifically exempted
from civil penalties by section 234 of the Act. That
subsection provides that the following DOE contractors
are not subject to the assessment of civil penalties:
(1) The University of Chicago (and any subcontractors
or suppliers thereto) for activities associated with
Argonne National Laboratory;
(2) The University of California (and any
subcontractors or suppliers thereto) for activities associated with Los Alamos National Laboratory,
Lawrence Livermore National Laboratory, and
Lawrence Berkeley National Laboratory;
(3) American Telephone and Telegraph Company and
its subsidiaries (and any subcontractors or suppliers
thereto) for activities associated with Sandia National
Laboratories;
(4) Universities Research Association, Inc. (and any
subcontractors or suppliers thereto) for activities
associated with FERMI National Laboratory:
(5) Princeton University (and any subcontractor or
suppliers thereto) for activities associated with
Princeton Plasma Physics Laboratory;
(6) The Associated Universities, Inc. (and any
subcontractors or suppliers thereto) for activities
associated with the Brookhaven National Laboratory;
and
(7) Battelle Memorial Institute (and any subcontractors
or suppliers thereto) for activities associated with
Pacific Northwest Laboratory.
NOTE II: Contracts with an effective date after the date of (date to be that of the Final Rule resulting from
the proposed rule herein), do not require the effective
date provision in this clause. Delete the title.
Use the EFFECTIVE DATE title and the following
language, for those contracts:
"( ) This indemnity agreement shall be applicable with
respect to nuclear incidents occurring on or after .."
(1) Those that contained an indemnity pursuant to
Public Law 85-840 prior to August 20, 1988, include
the effective date provision above, inserting the
effective date of the contract modification that replaced
the Public Law 85-804 indemnity with an interim
Price-Anderson based indemnity. Pursuant to the
Price-Anderson Amendments Act, this substitution
must have taken place by February 20, 1989.
(2) Those that contained, and continue to contain,
either of the previous Nuclear Hazards Indemnity
clauses, include the effective date provision above,
inserting "August 20, 1988."
(3) Those with an effective date between August 20, 1988, and the date of the Final Rule, that (a) had "interim coverage" or (b) did not have "interim coverage" but have now been determined to be covered
under the PAAA, include the effective date provision
above, inserting the contract effective date.
NOTE III: The following alternate will be added to the above Nuclear Hazards Indemnity Agreement clause
for all contracts that contain a general authority
indemnity pursuant to 950.7101. Caution: Be aware
that for contracts that will have this provision added
which do not contain an effective date provision, this
paragraph shall be marked (1). In the event an
Effective Date provision has been included, it shall be
market (m).
"( ) To the extent that the contractor is compensated by
any financial protection, or is indemnified pursuant to
this clause, or is effectively relieved of pubic liability
by an order or orders limiting same, pursuant to 170e
of the Act, the provisions of the clause providing
general authority indemnity shall not apply."
[56 FR 57828, Nov. 14, 1991 as amended at 58 FR
32306, Jun. 9, 1993]
952.251-70 Contractor employee travel discounts.
As prescribed in Subpart 951.70, the following
provision/clause will be included in all
cost-reimbursable solicitations and resulting contracts,
or contract modifications, as applicable.
Consistent with contract-authorized travel requirements, contractor
employees shall make use of the travel discounts offered to Federal
travelers, through use of contracted airlines discount air fares, hotels
and motels lodging rates and car rental companies, when use of such
discounts would result in lower overall trip costs and the discounted
services are reasonably available to contractor employees performing
official Government contract business. Vendors providing these
services may require that the contractor employee traveling on
Government business be furnished with a letter of identification
signed by the authorized contracting officer.
(a) Contracted airlines. Airlines participating in travel discounts are listed in the Federal Travel Directory (FTD), published monthly by
the General Services Administration (GSA). Regulations governing
the use of contracted airlines are contained in the Federal Travel
Regulation (FTR), 41 CFR Part 301-15, Travel Management
Programs. It stipulates that cost-reimbursable contractor employees
may obtain discount air fares by use of a Government Transportation
Request (GTR), Standard Form 1169, cash or personal credit cards.
When the GTR is used, contracting officers may issue a blanket GTR
for a period of not less than two weeks nor more than one month. In
unusual circumstances, such as prolonged or international travel, the
contracting officer may extend the period for which a blanket GTR is
effective to a maximum of three months. Contractors will ensure that
their employees traveling under GTR provide the GTR number to the
contracted airlines for entry on individual tickets and on month-end
billings to the contractor.
(b) Hotels/motels. Participating hotels and motels which extend discounts are listed in the FTD, which shows rates, facilities, and
identifies by code those which offer reduced rates to
cost-reimbursable contractor employees while traveling on official
contract business.
(c) Car rentals. The Military Traffic Management Command (MTMC) Department of Defense, negotiates rate agreements with car
rental companies for special flat rates and unlimited mileage.
Participating car rental companies which offer these terms to
cost-reimbursable contractor employees while traveling on official
contract business are listed in the FTD.
(d) Procedures for obtaining service. (1) Identification and method of payment requirements for participating Federal contracted airlines
are listed in the FTR. Travel discount air fares may be ordered by the
issuance of a GTR either directly to the contractor, or to a Scheduled
Airline Travel Office (SATO) or Federal Travel Management Center
(FTMC), provided the letter of identification signed by the cognizant
contracting officer accompanies the order. In appropriate instances,
such as geographical proximity, contractors may obtain discount air
fares through a DOE office or a cooperating local travel agency when
neither a SATO or FTMC is available. Some airlines allow the
purchase of discounted air fares with cash or credit card.
(2) In the case of hotel and motel accommodations, reservations may
be made by the contractor employee directly with the hotel or motel
but the employee must display, on arrival, the letter of identification
and any other identification required by the hotel or motel
proprietorship.
(3) For car rentals, generally the same procedures as in (d)(2) above
will be followed in arranging reservations and obtaining discounts.
(e) Standard letter of identification. Contractors shall prepare for the authorizing contracting officer a letter of identification based on the
following format:
FORMAT FOR GOVERNMENT CONTRACTORS TO
QUALIFY FOR TRAVEL DISCOUNTS (TO BE TYPED ON
AGENCY OFFICIAL LETTERHEAD)
To: (Source of ticketing, accommodations or rental)
Subject: Official Travel of Government Contractor
(Full name of traveler), bearer of this letter, is an employee of (company name) which is under contract to this agency under the Government contract (contract number). During the period of the contract (give dates), the employee is eligible and authorized to use available discount rates for contract-related travel in accordance with
your contract and/or agreement with the Federal Government.
(Signature, title and telephone number of the contracting officer)
[54 FR 17737, Apr. 25, 1989; 54 FR 26045, June 21, 1989; 60 FR 30005, Jun. 7, 1995]