part ii - contract clauses

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DE-AC05-00OR22725 Modification No. 341 Section I (e) The Contracting Officer may waive the penalty provisions when— (1) The Contractor withdraws the submission before the formal initiation of an audit of the submission and submits a revised submission; (2) The amount of the unallowable costs allocated to covered contracts is $10,000 or less; or (3) The Contractor demonstrates to the Contracting Officer's satisfaction that— (i) (ii) It has established appropriate policies, personnel training, and an internal control and review system that provides assurances that unallowable costs subject to penalties are precluded from the Contractor's submission for settlement of costs; and The unallowable costs subject to the penalty were inadvertently incorporated into the submission. I.161 970.5243-1 CHANGES. (DEC 2000) (DEVIATION) (a) Changes and adjustment of fee. The contracting officer may at any time and without notice to the sureties, if any, issue written directions within the general scope of this contract requiring additional work or directing the omission of, or variation in, work covered by this contract. (1) (Deviation) If any such direction results in a material change in the level of the Contractor’s management effort, an equitable adjustment of the fee, if any, shall be made in accordance with the agreement of the parties and the contract shall be modified in writing accordingly. Any claim by the contractor for an adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the contractor of the notification of change; provided, however, that the contracting officer, if it is determined that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. A failure to agree on an equitable adjustment under this clause shall be deemed to be a dispute within the meaning of the clause entitled “Disputes.” (2) (Deviation) Services pursuant to mutual agreement under the provisions of paragraph (e)(4) of Section C-4, Statement of Work, of this contract shall be performed without additional fee unless DOE and the contractor shall mutually agree in writing that they will constitute a material increase in the level of the contractor’s management effort under this contract, in which event the parties hereto will negotiate in good faith to agree upon an equitable fee for such DE-AC05-00OR22725 Section I—Page 264 of 276
DE-AC05-00OR22725 Modification No. 341 Section I additional services. Failure of the parties so to agree shall constitute a dispute within the meaning of the clause entitled “Disputes.” (b) Work to continue. Nothing contained in this clause shall excuse the contractor from proceeding with the prosecution of the work in accordance with the requirements of any direction hereunder. I.162 970.5244-1 CONTRACTOR PURCHASING SYSTEM. (AUG 2009) (DEVIATION) (a) (b) General. The Contractor shall develop, implement, and maintain formal policies, practices, and procedures to be used in the award of subcontracts consistent with this clause and 48 CFR subpart 970.44. The Contractor's purchasing system and methods shall be fully documented, consistently applied, and acceptable to the Department of Energy (DOE) in accordance with 48 CFR 970.4401-1. The Contractor shall maintain file documentation which is appropriate to the value of the purchase and is adequate to establish the propriety of the transaction and the price paid. The Contractor's purchasing performance will be evaluated against such performance criteria and measures as may be set forth elsewhere in this contract. DOE reserves the right at any time to require that the Contractor submit for approval any or all purchases under this contract. The Contractor shall not purchase any item or service, the purchase of which is expressly prohibited by the written direction of DOE, and shall use such special and directed sources as may be expressly required by the DOE Contracting Officer. DOE will conduct periodic appraisals of the Contractor's management of all facets of the purchasing function, including the Contractor's compliance with its approved system and methods. Such appraisals will be performed through the conduct of Contractor Purchasing System Reviews in accordance with 48 CFR subpart 44.3, or, when approved by the Contracting Officer, through the Contractor's participation in the conduct of the Balanced Scorecard performance measurement and performance management system. The Contractor's approved purchasing system and methods shall include the requirements set forth in paragraphs (b) through (y) of this clause. Acquisition of utility services. Utility services shall be acquired in accordance with the requirements of subpart 970.41. (c) Acquisition of Real Property. Real property shall be acquired in accordance with 48 CFR subpart 917.74. (d) (e) Advance Notice of Proposed Subcontract Awards. Advance notice shall be provided in accordance with 48 CFR 970.4401-3. Audit of Subcontractors. (1) The Contractor shall provide for— DE-AC05-00OR22725 Section I—Page 265 of 276
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I.4 52.203-6 RESTRICTIONS ON SUBCON
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