09123-09 subcontract - University of North Dakota

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Research Partnership to Secure Energy for America If the Contractor or SUBCONTRACTOR leases ADPE equipment for use under this contract, the Contractor shall include a provision in the rental contract stating that the Government shall have the unilateral right to exercise any purchase option under the rental contract between the Contractor and the ADPE equipment vendor and to realize any other benefits earned through rental payments. The Contractor or SUBCONTRACTOR shall furnish a copy of the rental contract to the Contracting Officer under the terms of this provision. 3. CONTRACTOR PRESS RELEASES (APR 1998) The DOE policy and procedure on news releases requires that all Contractor and SUBCONTRACTOR press releases be reviewed and approved by DOE prior to issuance. Therefore, the Contractor shall, at least ten (10) days prior to the planned issue date, submit a draft copy to the Contracting Officer of any planned press releases related to work performed under this contract. The Contracting Officer will then obtain necessary reviews and clearances and provide the Contractor with the results of such reviews prior to the planned issue date. 4. PERMITS AND LICENSES (AUG 1999) Within sixty (60) days of award, the Contractor shall submit to the DOE Contracting Officer Representative (COR) a list of ES&H approvals that, in the Contractor’s opinion, shall be required to complete the work under this award. This list shall include the topic of the approval being sought, the approving authority, and the expected submit/approval schedule. The COR shall be notified as specific items are added or removed from the list and processed through their approval cycles. The Contractor agrees to include this clause in their first-tier subcontracts and agrees to enforce the terms of this clause. 5. SAFETY & HEALTH AND ENVIRONMENTAL PROTECTION (JAN 1999) (a) (b) The Contractor shall implement the DOE work in accordance with all applicable Federal, State and local law as, including codes, ordinances and regulations, covering safety, health and environmental protection. The Contractor agrees to include paragraph (a) of this clause in first-tier subcontracts and agrees to enforce the terms of this clause. 6. ORGANIZATIONAL CONFLICT OF INTEREST (NOV 2005) (a) Definitions/Clarifications: “Consortium Members” are entities named in the articles of collaboration (or incorporation) as contributing financial or human resources to the Program Consortium. “Covered Individual” is a board member, officer, or employee of the Program Consortium in a decision-making capacity with respect to awards and administration of research projects under this contract, including his or her close relatives (e.g., spouse, parent, child, sibling). 09123-09 - University of North Dakota (WANG) Schedule B – U.S. Government Terms and Conditions, Part Il DOE Supplements 18
Research Partnership to Secure Energy for America “Financial relationship” includes financial interests in the parent company, affiliates or subsidiaries of applicants for (or recipients of) research project awards. For Covered Individuals, “financial relationship” also includes current or pending employment (including discussions of possible employment) with applicants for (or recipients of) research project awards made in accordance with this contract’s statement of work (Appendix 1). “Conflicts of interest” includes any financial interests in, or financial relationships with, applicants for (or recipients of) project awards. (b) The Program Consortium shall immediately disclose to the Contracting Officer real or apparent conflicts of interest between applicants for (or recipients of) research project awards and the following entities: (1) The Program Consortium (i.e., the Contractor), (2) Consortium Members, and (3) Covered Individuals. Disclosure is not required where such relationships or interests would be considered to be “remote or inconsequential,” as defined by the U. S. Office of Government Ethics under 5 CFR Part 2640.201. (c) Upon making a disclosure of real or apparent conflict of interest, the Program Consortium shall provide to the DOE Contracting Officer a Recusal Plan addressing how the affected Covered Individual will be separated from all decision making, including, but not limited to, selection decisions and oversight of the research project award recipient. Recusal shall also include separation of the affected Covered Individual from supervisory authority, or any other influence, over the Program Consortium individuals who will administer the research project either before or after subcontract award. The DOE Contracting Officer will review the Recusal Plan and shall have the unilateral right to approve the plan, or reject it if in the Contracting Officer’s opinion the plan fails to avoid, neutralize or mitigate the real or apparent conflict of interest, or if the Contracting Officer reasonably believes that implementation of the plan will interfere with the efficient operation of work under the contract. The Contracting Officer may, for example, determine that recusal is not a viable option if the financial interests and relationships of Program Consortium Members and Covered Individuals are so intertwined that a real or apparent conflict of interest for one Covered Individual creates potential conflicts of interest for other Covered Individuals. In the event that the DOE Contracting Officer ultimately determines that the real or apparent conflict of interest cannot be avoided, mitigated or neutralized, the Government shall have the option to disqualify the affected research project application or terminate a research project award made under this contract. As a remedy, the DOE may also order the cancellation of a competitive solicitation for research projects made under this contract and reissue the solicitation as a financial assistance opportunity under NETL’s program of research and other activities complimentary to the research projects being supported under this contract. 09123-09 - University of North Dakota (WANG) Schedule B – U.S. Government Terms and Conditions, Part Il DOE Supplements 19
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09123-09 subcontract - University of North Dakota

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