part ii - contract clauses

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I.157 970.5232-8 INTEGRATED ACCOUNTING. (DEC 2000) (DEVIATION) DE-AC05-00OR22725 Modification No. 341 Section I Integrated accounting procedures are required for use under this contract. The contractor's financial management system shall include an integrated accounting system that is linked to DOE's accounts through the use of reciprocal accounts and that has electronic capability to transmit monthly and year-end self-balancing trial balances to the Department's Primary Accounting System for reporting financial activity under this contract in accordance with requirements imposed by the contracting officer pursuant to the Laws, regulations, and DOE directives clause of this contract or as otherwise directed by the contracting officer. The Contractor’s financial management system shall include an integrated accounting system for product cost accounting, particularly for isotopes. I.158 970.5235-1 FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER SPONSORING AGREEMENT. (DEC 2000) (a) (b) (c) (d) Pursuant to 48 CFR 35.017-1, this contract constitutes the sponsoring agreement between the Department of Energy and the contractor, which establishes the relationship for the operation of a Department of Energy sponsored Federally Funded Research and Development Center (FFRDC). In the operation of this FFRDC, the contractor may be provided access beyond that which is common to the normal contractual relationship, to Government and supplier data, including sensitive and proprietary data, and to Government employees and facilities needed to discharge its responsibilities efficiently and effectively. Because of this special relationship, it is essential that the FFRDC be operated in the public interest with objectivity and independence, be free from organizational conflicts of interest, and have full disclosure of its affairs to the Department of Energy. Unless otherwise provided by the contract, the contractor may accept work from a nonsponsor (as defined in 48 CFR 35.017) in accordance with the requirements and limitations of DOE Order 481.1, Work for Others (Non-Department of Energy Funded Work) (see current version). As an FFRDC, the contractor shall not use its privileged information or access to government facilities to compete with the private sector. Specific guidance on restricted activities is contained in DOE Order 481.1. I.159 970.5236-1 GOVERNMENT FACILITY SUBCONTRACT APPROVAL. (DEC 2000) Upon request of the contracting officer and acceptance thereof by the contractor, the contractor shall procure, by subcontract, the construction of new facilities or the DE-AC05-00OR22725 Section I—Page 262 of 276
DE-AC05-00OR22725 Modification No. 341 Section I alteration or repair of Government-owned facilities at the plant. Any subcontract entered into under this paragraph shall be subject to the written approval of the contracting officer and shall contain the provisions relative to labor and wages required by law to be included in contracts for the construction, alteration, and/or repair, including painting and decorating, of a public building or public work. I.160 970.5242-1 PENALTIES FOR UNALLOWABLE COSTS. (AUG 2009) (a) (b) (c) Contractors which include unallowable cost in a submission for settlement for cost incurred, may be subject to penalties. If, during the review of a submission for settlement of cost incurred, the Contracting Officer determines that the submission contains an expressly unallowable cost or a cost determined to be unallowable prior to the submission, the Contracting Officer shall assess a penalty. Unallowable costs are either expressly unallowable or determined unallowable. (1) An expressly unallowable cost is a particular item or type of cost which, under the express provisions of an applicable law, regulation, or this contract, is specifically named and stated to be unallowable. (2) A cost determined unallowable is one which, for that Contractor— (i) (ii) Was subject to a Contracting Officer's final decision and not appealed; The Civilian Board of Contract Appeals or a court has previously ruled as unallowable; or (iii) Was mutually agreed to be unallowable. (d) If the Contracting Officer determines that a cost submitted by the Contractor in its submission for settlement of cost incurred is— (1) Expressly unallowable, then the Contracting Officer shall assess a penalty in an amount equal to the disallowed cost allocated to this contract plus interest on the paid portion of the disallowed cost. Interest shall be computed from the date of overpayment to the date of repayment using the interest rate specified by the Secretary of the Treasury pursuant to Pub. L. 92-41 (85 Stat. 97); or (2) Determined unallowable, then the Contracting Officer shall assess a penalty in an amount equal to two times the amount of the disallowed cost allocated to this contract. DE-AC05-00OR22725 Section I—Page 263 of 276
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