Supplemental Agreement - Contract No. at-(40-1)-1994, Oklahoma Medical Research Foundation, Modification No. 1

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Oklahoma Medical Research Foundation THIS SUPPLENENTAL, AGREEIENT, entered into this ,/7&y of 1956, effective as of May 1, 1956, by and between the UNITED STATES OF (here in after called the "Government"), represented herein by the UNITED STATES MEDICAL RESFARCH FOUNDATION (here in after called the "Contractor"); WHEREAS, the Government and the Contractor entered into Contract No. AT- (40-1)-1994, dated Hay 10, 1955, providing for performance of research into the characterization of changes i n t h e growth rate of human neoplasms using radioactive isotopes; and WHEREAS, the pr ties hereto desire t o extend the term of the contract in order t o continue the research activities previously undertaken, as such eatended program i s described i n TITLE 11 of Appndfx "A", and to effect certain other changes as are hereinafter more particularly described; and WHEREAS, this Supplemental Agreement i s authorized the Atomic Energy Act of 1954; and executed under NOW, THEREFORE, the pr ties hereto do mutually agree that said contract is hereby modified inthe following particulars, but in no others: 1. The following new section t12.11i s added t o Article 11: "2. The second period of performance for t h e research prodect covered by t h i s contract w i l l commence on May 1, 1956, ard will end on April 30, 1957,'l 2. Subsection 2.a. of Article I11 is deleted i n its entirety, and the following subsections nl.b.?l and n2.a.11 a r e added i n Article 111: Ilb. In consideration of the performance of the research activities described i n TITLE I1 of Appendix flAn, and the Contractor's agreemmt t o support that work inthe estimated amount of Twenty-three Thousand, One Hundred Seventynine Dollars ($23,l'R.GO), the Government will pay t o the Contractor f o r the second period of performance t h e sum of Eight Thousand, Seven Humired Thirty-two Dollars ($8,732.00) ($5,897.00 In new funds and $2,835.00 agreed t o be the ba3ance remaining unexpended from t h e previous period of performance). ject described i n Appendix the Gwenunent shall pay t o the Contractor upon sub is sion by the Contractor of a properly certified voucher, 45 per cent of the agreed consideration; provided, however, that this papen t shall be reduced by the amount of the balance, if any, agreed t o be remaining unexpended fnw On or before t h e d a t e of cornencement of the work on the pro-

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entirety and the following new Article " V I " is inserted in lieu thereof: "The Contractor shall canply with all licensing and other requirements of the Comnisdon with respect t o possession and use of byproduct material, source material, and special nuclear material (as these terms are defined inthe Atomic FnergV Act of 1954), and may plrchase or acquire such materials, irradiation services, other radioactive material, cyclotron time, etc. from the Ccmnission or Conmission facfflties in accordance with applicable procedures." 4. The following new Article V I - A " is added immediately following "If aw radioisotopes are budgeted inthe outline of cost estinmtes at the fb ll amount of the price as established by the Comnission, but are plrchased a t less than such established prices d e r rn AEC Mscount Certificate issued tothe Contractor (See: Title 10 C.F.R., Part 37), then any difference between the established price and tim price no paid shall be paid by the Contractor tothe Government or otherwise cr dl ted tothe Government's account as the Contracting Officer may direct or approve. The requirement for a report to be su hit ted to the Camnission indicating t h e purchases under the discount program is ouained i n Appendix "C"." 5 . In subsections a. and be of section l. Patents of Appendix "B", leted, and the words "in the course of, i n connection with, or under the terms of' this contract" are inserted in lieu thereof in both subsections. 6. In Appendix "B", section 7. Nondiscrimination i n Emplommnt isi deleted i n its entirety and the following new section "7," is inserted

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"a. In connection with the performance of work imder this contract, the Comractor agrees not t o discriminate against any employee or applicamt for elliplopent because of race, religion, colQr or national origin. vision shall hcllPle but not be limited to, L!e following: employment, upgrading, demotior;, or transfer ; recruitment or recruitment advertising, layoff or tend nation ; rates of pay o r other _tom of compensation; and selection f o r training, inchiding apprenticeship. The Contractor agrees t o post hereafter i n conspicucus places, available for employees and applicants for enployment, notices t o be provided by the Contrscthg Officer setting forth the provisions of t h e nondiscrimimtion clause. "b. The Contractor further agrees t o insert the foregoing provision in sll subcontracts hereunder, except (i)subcontracts f m standard ccmnercial supplies o r raw materials, (ii) subcontracts t o be performed outside the United States where no recrui*asnt. of workers within t h e limits of the United States is involved, (1113 prrchoae orders cn pocket-size tracts to meet other spedsl requirements o r emergencies, i f recommended by the Cmmittcs on Government Contracts. In the case of purchase ordsrs hereurder which do not ex7. In Appendix I'Bnl t h e following :%w section "15. BUY American Act" is "15. Bug American Act "In the event this contract provides POT the acquisition of articles, materials, OF supplies by the Govemment, the following pmvision shall apply nlth respect t o such items: The Contractor agrees that there tdll bc delivered under this contract only such unmanufactured articles, materials and supplies (which tern t articles, mteriala and supplies' is hereinafter referred t o In this clause as 'supplies') as have been mined or produced in t h e United States, and only such United States substantrally a l l fmn! supplies Icined, prduced, o r manufactured, as the case MY be, is the United States. The foregoing provisions shall not apply (i) with respect as have been manufac.tured fn t h e

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t o supplies exempted by the Comnission from the applicat i o n of the Buy American Act (W U.S.C. load), (U) with respect t o supplies for use outside the United States, or (iii) with respect tothe supplies t o be delivered under this contract which are of a class or kind detewlned by the Commission not t o be mined, produced, or manufactured, as the case may be, i n the United States in suf fic imt and reasonably available co mercia l quantities and of a satisfactory quality, o r (iv) with respect t o such supplies, from which the supplies t o be delivered under this contract are manufactured, asare of a class or kind determined by the Commission not t o be mined, produced, or manufactured, asthe case may be, i n the United States in sufficient and reasonably available commercial quantities and of as at is - factory qualityp provided that this exception (lv)shall not permit delivery of supplies manufactured outside the United States if such supplies are manufactured inthe United States insufficient and reasonably available conmercial quantities and of a satisfactory quality," 8. I n t h e list of reports on the first page of Appndix "C", the designation nS.n is revised t o read "6en,a n i t h e following new report is provided for as " S o n of the Ust: uRsdioisotope Purchase Report With renewal proposal i f Three" proposal is sutmitted, otherwise on contract telminatian 9. In Appendix " C n , t h e fallowing new paragraph is added impediately The radioisotopes purchase report shall list all radioisotopes incluied in the budget f o r the current period at the regular price established by the Commission, tmt which are purchssed, or will be purchased during the current pefiod, ata price less than the established price by u tUd ng the discount authorized by an AEC Discount Certificate issued tothe Contractor. each such purchase, the report shall state the price as established by the Commission, the price paid orto be paid using the discount, and the savings reused or t o be real.lsed. The report due on contract termitlation s h a l l cover all such plrchases actually made during the final period." 10. In Appendix "C", d e l e t e the words "Research and Medicine Division", and insert t h e wards nResearch and Developnent Divisionn in lieu thereof.

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11. The fellawing new "TITLE 11" i s added i n Appendix "A": 'This TITLE If describes the research program and cost estimates agreed upan between the Commission and t h e Contractor for t h e second period of perfomlance. "a. Scope and Plan of Approach: "The Contractor shall continue on studies designed t o detennine i f there is a correlation between uptake of various radioisotopes by tumors anl the tumor growth rate With view of obtaining indices of growth useful in evaluation of chemotherapeutic agents. It is planned t o obtain additional pre- and post-therapy observations by scanning techni ues, biopsy da a, and proceed with use of suitable isotopes like Pj2, KQ, or Rb8i. Tumor analyses in relation to growth and d i e t will be made, and concentration of isotopes in neoplasms will be determirred. I n addition, it i s hoped t o study synthe tic pathways i n certain types of tumars in relation to diet, especially i n terms of possible bearing on chemotherapeutic sped- "a. Outline of Cost Estimates for t h e Secmd Period: 1) Salaries and Wanes : Research Assistant, Technicians, (5) Overhead (5l$ of t h e fmds contributed by the Conmission for direct costs) : 2.785.00

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llb. Items of pmperty t o be procured o r manufactured by the Contractor during this period, title to which will vest inthe Government (see Article I N WITNESS WHLERE)3F, the parties hereto have executed this Supplemental Agreement t h e day and year first above written. UNITED STATES OF AMERICA BY: UNITED STATES ATOMIC ENERGY COMMISSION 1228 SW 26, Oklahoana City, Okla. ACCEPTANCE BY SENIOR INVESTIGATOR I have read t h e foregoing Supplemental Agreement ani agree t o be bound by the provisions of this document.

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THIS CONTRACT, entered into this / D-day of , 1955, effective a s of May 1, 1955, by ard between t h e UNITED STATES OF A called the " he nu pent " ) , acting th rou a the UNITED STATES AMMIC ENERGY ARTICLE I - PURPCGE AND SCOPE 1. The Commission, i n furtherance of i t s policy of assisting and foetering private research, desires t o support t h e Contractor's fundamental research i n the field of atomic energy. 2. The work s h a l l consist of research by the Contractor into the characThe plan of approach t o t h e problem and the agreed upon program and teri z ation of changes In the growth rate of human neoplasms using radioactive budget f o r t h e project are described in Apperdix I1AR, which is hereby made a part of this contract. form to the details of, the budget described i n Appendix "A". The Contractor shall be guided by, but nd bund to con3 . The Contractor shall furnish all services, facilities, equipent, supp l i e s and materials (except such services, equipnent, supplies and materials as the Government has agreed t o furnish herein) required for the prformance of t h e research program described in Section 2. above. 4. The work will be carried out by t h e Contractor under the direction of ET. L. P. Eliel as Senior Investigator. 1. The initial period of performance f o r t h e research project covered by t h i s contract w i l l commence on May 1, 1955, and will e& on April 30, 1956. It i s recognized t h a t completion of the research work under this contract may invalve a period of several years and that the term of this contract may be extended by a. In cansideration o f the performance of the research activities described in Title I of Appendix "A", ard the Contractor's agreement t o support

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& 19/lOO Dollars ($8,637.19), the Government Kill pay tothe Contractor for the first p r i d of performance the sun of Nine Thoiisand, FortySeven Dollars a. On o r befom the date of cmencement of work on the project described i n Appendix “ A * , the Guvernment shall pay tothe Contractor upon submissLon-by the Contractor of a properly certified voucher, 45 per cent of the b. On or before t h e expiration of six months from t h e date of canmencement of the project, the Government shall pay tothe Corrtractor, upon submission by t h e Contractor of a properly certified voucher, 45 per cent of the C . Upon receipt axd acce$ance of a satisfactory progress report, i n cases where the contract is t o be renewed, or the final report if the contract is not to be renewed, the Gavenrment shall pay t o the Contractor, upcn submission by the Contractor of aF oper ly certified voucher, the remaining 10 per cent of t h e agreed consideration. An extension of t h e contract term without additional funds s h a l l not be considered a renewal of the contract and in such cases the retained 10 per cent of t h e agreed consideratian w i l l be paid upon submission and acceptance of a satisfactory final repart. d. In t h e event t h e contract is renewed, payments to the Contractor of any additional amount t o be paid by the Government s h a l l be made for the extended term i n accordance with the schedule outlined i n Paragraphs a., b., 3. Promam a d Budget for Subseauent Periods When renewal of the contract i s desired the Contractor shall submit t o the Comnission’s Oak Ridge Operations Office a renewal proposal as outlined i n Appendix “C”, attached hereto. the? negotiate as tothe amounts each will contribute for the services t o t e performed during the ensuing period, taking into consideratA.cn the actual costs incurree during the current period i n comparison with t h e cost estimates inthe contract, and, upon agreement, shall execute a formal mcdific6tica of The Contractor and the Comnission shall

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ARTICLE IV - REPORTS, RECCRDS AND INSPECTION 1. The Commission shall have the right t o inspct I n such manner and a t such times a s it deems appropriate all activities of the Contractor arising in the course of the work under t h i s contract. 2. The Cds sion shall at all th s be …