Supplemental Agreement - Contract No. at-(40-1)-1631, University of Tennessee, Modification No. 11

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THIS SUPPLEMENTAL AGR-NT, entered into this 8th day o f Auast, 1963, effective as of the15th day of May, 1963, by and between the UNITED STATES OF AMERICA (here in after called the "Government" ),represented here in by the UNITED STATES ATOMIC ENERGY COMMISSION (here in after called the "Commission"), and the UNIVERSITY OF TENNESSEE (here in after called the "Contractor") ; WHEREAS, the parties here to have heretofore entered into Contract No, AT-(40-1)-1631 and modifications there to numbered 1 Contractor ' s performance of certain research ; and WHEREAS, the parties desire to amend the contract to provide for the continuance of this research without additional funds and t o provide for certain other changes; and WHEREAS, this Supplemental Agreement i s authorized by and executed under t h e Atauic Energy Act of 1954; HOW, TmEFOFtE, the parties do mutually agree that the contract is hereby further amended inthe following particulars,but in no 1. The following new section "12." i s added to Article XI: "12. The period during which the work under this contract may be conducted i s hereby extended t o 2, Clause 12. of Appendix "B" is revised to read as follows: "12 * Work Hours Act of 1962 - Overtime Compensation "This contract,to the extent that it i s of a character specified in the Work Hours Act of 1962 (Public Law 87-581,

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76 Stat. 357-360) and isnot covered by the Walrh-Healey Public Contracts Act (41 U.S.C. 35-45), is rub j ect to the following provisions and to all other provisions and exce pt ions of said Work Hours Act of 1962: "(a) No contractor or subcontractor contracting for any part of the contract work shall require or penn it any laborer or mechanic t o be employed on such work i n excess of eight hours i n any calendar day o r i n excess of forty hours i n any workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his bari crate of pay for all hours worked i n excess of eight hours i n any calendar day orin excess of forty hours i n such workweek, whichever is the greater number of "(b) Inthe event of any violation of the provisions of subparagraph (a), the Contractor and any subcontractor responsible for such violations hall be liable to any affected employee for his unpaid wages. In addition, such contractor or subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed, with respec t to each individual laborer or mechanic employed in violation of the provisions of Subparagraph (a), i n the sum o f $10 for each calendar day on which such employee was required or permitted t o work i n eXcers of eight hours or in excess of forty hours ina workweek without payment of the required overtime wager. "(c) The Contracting Officer may withhold, o r cause t o be withheld, from any moneys payable on account o f work performed by the Contractor o r subcontractor,the full amount of wages required by thir contract and such sums as may administratively be determined t o be necessary to satisfy any liabilities of such contractor or subcontractor for liquidated damages as provided i n subparagraph (b). "(d) The Contractor agrees to insert the fore-

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I N WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement the day and year f i r s t above written. UNITED STATES OF AHBRICA BY: UNITED STATES ATOMIC ENERGY _COMMISSION UNIVERS Y OF TENNE SE TITLH: Vice ? resident in pe ACCEPTANCE BY SENIOR INVBSTIGATOR I have read the foregoing Supplemental Agreement and agree t o be bound by the provisions of t h i s docment.

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Modif icat ion No. 1 0 THIS SUPPL,EMENTAL AGREEMENT, entered into thb 1- dry of I - 0 s 1962, effective a8 of the15th day of May, 1962, by and be#een the UNITED STATES OF AMERICA (here in after called the "Government"), re prc rc nts d here in by the UNITED STATES ATOMIC ENERGY COMSSION (here in after called the "Commisr~on"), WHEREAS, the put i ee here to have heretofore entered into Oontract No. AT-(40-1)-1631 and Modif i cations there to numbered 1 through 9(here in after called the "contract") providing for the Contractor'r performance of certain ree e arch ; and WHEREAS, the parties der irc to amend the contract to provido for : (a) the continuance of thir ree e arch and/or the performance of additional research ; (b) the revisions and/or additions of certain provision8 thereof in accordance with current applicable rules and regulations of the ComrAbrion; and (c) as a rcwlt there of, rertata the provision8 of this contract ar of the effective date of thin Supplemental Agreement; and WHEREAS, t h i s Supplanental Agreement i 8 authorized by and executed under t h e Atomic Energy Act of 1954; NOW, THEREFORE, the partie8 do mutually agree that the contract (including its Appendicer) i r hereby revised to read ar followr: 1. The work rhall consist of a study of the effect8 of cobalt-60 garmu irradiation on infection and immunity. The plan of approach tothe problem and the agreed upon program and budget for the project are described in Appendix "A", which is hereby -de apart of this contract. The Contractor shall be guided by, but not bound t o conform to the detail8 of, the budget described 2. The Contractor shall furnish all services,fac il it ier , equipawnt , as the Government ha6 agreed to fur nh h here in) required forth a performance of there ssr r ch program der cri bedin rsc tion 1, above. 3. ' The work will be carried out by the Contractor under the direction of Dr.Willi a a M. Ralr as Senior Investigator. Any change fn Senior Invert i gator ehall be made only with the written concurrence of the Commfrrbn, but without the necessity of a formal modification of the contract.

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4. The Contractor shall commence the work as ecor, as feasible, prosecute it with due diligence and submit the reports required i n Appendix "C", attached here to and made a part hereof, as early as practicable but not later than the dates specified in Appendix "C". 11. The period during which the work under the contract may be conducted shall end on May 14, 1963. 1. Con8 ider at ion k. In consideration of the performance of the research activities described in TITLE X of Appendix "A", and the Contractor's agreement t o support that work in the estimated amount of Seven Thousand, Five Hundred Thirty-one Dollars.($7,531.00), the Government shall pav tothe Contractor Nine Thousand, Seven Hundred Twelve Dollars ($9,712.00). a. On or before the date of conmencement of work on the project described i n Appendix "A", the Government shall pay tothe Contractor, upon submission by the Contractor of a proper voucher, 45 per cent of b. On or before the expiration of six months from the date of commencement of the project,the Government shall pay tothe Contractor, upon submission by the Contractor of a proper voucher, 4 5 per c e n t of the agreed consideration. c . Upon receipt and acceptance of a satisfactory progress report, i n cases where the contract is t o be renewed, o r the final report i f the contract is not to be renewed, the Government shall pay tothe Contractor, upon submission by the Contract cr of a proper voucher, the remaining 10 per cent of the agreed consideration. An extension of the contract work without additional funds shall not be considered a renewal of the contract and in such cases the retained 10 per cent of the agreed consideration will be paid upon submission and acceptance of a satisfactory final report. d. Inthe event the contract is renewed, payments tothe Contractor of any additional amount t o be paid by the Government shall be made for the extended work i n accordance with the schedule out-

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When renewal of the contract is desired,the Contractors hall submit a renewal proposal,a progress report and a 200-word summary i n such manner and a t such times as specified in Appendix "C". The Contractor and the Commission shall then negotiate as to the amounts each will contribute for the additional research activities to be conducted, taking into con- ' side ration the actual costs incurred for the,current work i n comparison with the cost estimates in the contract, and, upon agreement, shall execute a formal modification of the contract. ARTICLE I V - REPORTS, RECORDS AND INSPECTION 1. The Co missions hall have the right to inspect in such manner a t such times asit deems appropriate all activities of the Contractor arising in the course of the work under this contract. 2. The Comnission shall at all times be afforded access to the premises and to all technical records, correspondence, instructions, drawings and memoranda of record value of the Contractor pertaining to 3 . The Contractor shall submit a complete scientific report and such other reports as may be required in Appendix ''C" in such manner and a t such times as specified in Appendix "C" and shall submit such other reports a8 required by this coritract in such manner and a t such times a s requested by 4. Examination of Records a . The Contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment under thi8 contract. have access to and the right to examine any directly pertinent books documents papers and records of the Contractor involving transactions related to this contract. b. The Contractor further agrees to include in all his subcontracts hereunder a provision tothe effect that the subcontractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall,until the expiration of three years.after final payment under the subcontract, have acceea t o and the right to examine any directly pertinent books, document8, papers, and records of such subcontractor,' involving transactions related to the subcontract. The term "SubcontrBct" a8 used in thir clause excludes (i>purchase orders not exceeding $2500 and (it) subcontracts or purchase orders for public utility services at rate r established for uniform applicability to the general public.

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c , ~ othin gi n this contracts hall be deemed to preclude an audit by the General Accoilnting Office of any transaction under In consideration of the Contractor 's contribution to the research project described i n Appendix "A" of this contract,title to all material g, tools, machinery, equipment and supplies acquired from any source, including the Government, or manufactured by the Contractor under this contract, shall vest in the Contractor, except that title to items of property described i n subsection 2.b. of Appendix "A" shall vest or remain inthe Government, Additional items may be added t o such subsection 2.b. i n writing without the necessity for a formal modification of the contract. ARTICLE V I - PROCUREMENT OF MATERIAL AND SERVICES FROM COMMISSION FACILITIES; COMPLIANCE GIITll COMMISSION REGULATIONS The Contractor shall comply with all licensing and other requirements of the Commission with respect to possession and use of by-product material, source material, and special nuclear material(as these terms are defined inthe Atomic Energy Act of 19541, and may purchase or acquire such mateetc., from the Commission o r Commission facilities in accordance with The provisions of Appendix "B", dated Akril 1, 1967,attached here to,, are hereby made apart of this contract. The following alterations to this contract were made by mutual agreeof the parties prior to its execution: None.

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IN WITNESS WHEREOF, the parties here to have executed this Supplemental Agreement the day and year first above written. UNITED STATES OF AMERICA UNIVERSITY OF TENNESSEE TITLE : Vice President ACCEPTANCE BY SENIOR INVESTIGATOR I have read the foregoing Supplemental Agreement and the Appendices attached here to and made apart here of and agree to be bound by the provisions of this document.

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This TITLE X describes the research program and cost estimates agreed upon between the Commission and the Contractor. a. Scope and Plan of Approach: The Contractor will continue t o conduct research on the effects o f gannna irradiation from a Cobalt-60 aource on infection and immunity. This work w i l l include such approaches as ( 1 ) contin u ation of efforts to develop low antitoxins train8 by outcrossing,(2) continuation of efforts to determine whether the major part of antitoxin, appearing Inthe serum when radiation is given four days after antigenic stimulus, has been formed during the four day period and simply being released or Is being produced the same as in the controls,(3)continuation of work on organ specific antigen i n human prostate gland, and (4) contin u ation of the study of blocking effect of tetanus toxoid and botulinum toxoid on their respective toxins. a. Outline of Cost Estimates: (1) Salaries and Wages: $ 7,918.00 ( 2 ) Equipment and Supplies: 3,175.00 b. Items of property t o be procured o r manufactured by the Contractor, orto be furnished by the Government, title to which will vest or remain inthe Government (see Article V): None

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(FOR DIRECT AEC RESEARCH CONTRACTS) Whenever any invention or discovery is made o r conceived by t h e Contractor or its employees in the course of or under this contract,the Contractors hall furnish the Commission with complete information thereon; and the Commission shall have the sole power t o determine whether or not and where a patent applications hall be filed, and to determine the disposition of the title to and rights under any application or patent that may result. ment of the Commission on these matters shall be accepted as final ; and the Contractor,for itself and for its employees, agrees that the inventor or inventors will execute all documents and do all things necessary or proper to carryout the judgment of the No claim for pecuniary award or compensation under the provisions of the Atomic Energy Acts of 1946 and 1954 shall be asserted by the Contractor or its employees with respect to any invention or discovery made or conceived inthe course of or under this contract. Except as otherwise authorized in writing by the Commission, the Contractor will obtain patent agreements to effectuate the purposes of paragraphs a. and b. of this clause from all persons who perform any part of the work under this contract, except such clerical and manual labor personnel as will not have access to technical Except as otherwise authorized in writing by the Commission, the Contractor will insert in all subcontracts provisions making this clause applicable to the subcontractor and its employees. Except as otherwise authorized in writing by the Commission, the Contractor will insert in all purchase orders and supply subcontracts,for the procurement of any …