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Declassified record · U.S. Department of Energy

Statement and Certificate of Award - Contract No. at-(40-1)-1088

Dated
Mar 1, 1951
Document type
Legal document
Length
19 pages
Open the original scanArchive record OSTI ID 16296390 · public domain

Document text

Machine-read from the scan, so expect some errors. Lines that couldn’t be read are left out.

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METHOD OF OR ABSENCE OF ADVERTISING 1. After advertising in newspapers. FOR USE BY 0. A. 0. ONZY Indexed Card Reviewed

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ATOMIC ENERGY COMMISSION STATES OF AMERICA (hereinafter called the “Government”), acting through the UNITED STATES ATOMIC ENERGY COMMISSION (hereinafter called the “Commission”) and OF VIRGINIA (hereinafter called the ARTICLE I - PURPOSE AND SCOPE 1. The Commission, in furtherance of i t s policy of assisting and fostering private research, desires to support the Contractor’s fundamental research in the field of atomic energy. 2. The work shall consist of a Study Of the effect of bI liz hg Mi ation QL ~ The plan of approach to the problem and the agreed upon program and budget for the project are described in Appendix “A”, which i s hereby made a part of this contract. The Contractor shall be guided by, but not bound to conform to the details of the budget described in Appendix “A”. 3. The Contractor shall furnish all services, facilities, equipment, supplies and materials (except such services, equipment, supplies and materials as the Government has agreed to furnish herein) required for the performance of the research program described in Section 2 above. 4. The work will be c m i e d out by the Contractor under the direction of Ikas Project Leader The initial eriod of performance for the research project covered b this contr ct will commence on March 1, 1951 and will end on FJ’NBrg 28, 19% It i s recognized that completion of the research work under this contract may involve a period of several years and that the term of this contract may be extended by mutual agreement. 1. Consideration. In consideration of the performance of the research activities described in Article I, the Government shall pay to the Contractor the sum of Twent4r-Three ThOUSad, TWO Hrrndred a d Dollars ($ 23,220.00 ) for the initial period of performance.

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a. On or before the date of commencement of work on the project described in Appendix “A”, the Government shall pay to the Contractor, upon submission by the Contractor of a properly certified voucher, one-half the amount of the agreed consideration. b. On or before the expiration of six months from the date of commencement of the project, the Government shall pay to the Contractor, upon submission by the Contractor of a properly certified voucher, the remaining one-half of the agreed consideration. c. In the event that the term of the contract i s extended, the Government shall pay to the Contractor, upon submission by the Contractor of properly certified vouchers, each s i x months in advance an amount equal to one-half the annual agreed consideration for the project as mutually agreed upon by the parties hereto. 3. Program and Budget for Subsequent Periods. At least three months before the end of the initial period of performance of the project, the Contractor will submit to the Commission a current statement of its expenditures for the project, an estimate of expenses to be incurred during the remainder of the period, and a proposed program and budget for the succeeding year, showing the proposed work to be financed by the Commission and the Contractor. The Contractor and the Commission shall then negotiate a s to the amount to be paid by the Commission to the Contractor for the services to be performed during the ensuing period, taking into consideration any portion of payments theretofore made which will remain unexpended a t the end of the initial period. The extended program, budget and the additional amount to be paid to the Contractor shall be incorporated into a formal modification to this contract. ARTICLE I V - ADMINISTRATION OF CONTRACT BY COMMISSION The Commission h a s assigned the responsibility for administering the technical and scientific aspects for the project to the Washington organizational unit s e t forth below, to be addressed as Division of Biology and Medicine Responsibility for administering the business aspects of this contract, including contract negotiations, budget, payment, audit, etc., has been assigned by the Commission to: Office of Research & Medicine Oak Ridge Operations Office Post Office Box E Oak Ridge, Tennessee The Contractor may, a s necessary, communicate directly with the appropriate office, as indicated above. The Contractor shall furnish information copies of communications, memoranda of telephone conversations, or other contacts to Oak Ridge Operations Office on all direct dealinge with the ARTICLE V - REPORTS, RECORDS AND INSPECTION 1. T h e Commission shall have & e right to inspect in such manner and at such times as i t deems appropriate all activities of the Contractor arising in the course of the work under this contract.

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2. The Contractor shall make progress and other reports in such manner and a t such times as specified in Appendix “C” which i s attached hereto and hereby made a part of this contract. Progress reports shall include alist of personnel working on the project. Names appearing for the first time should be accompanied by a brief statement of the individual’s background, training, and experience. 3. The Commission shall a t all times be afforded a c c e s s to the premises and to all technical recorda, correspondence, instructions, drawings, and memoranda of record value of the Contractor pertaining to ART ICE VI - TITLE TO PROPERTY PURCHASED BY CONTRACTOR I n consideration of the Contractor’s contribution to the research project described in Appendix “A” of this contract, title to all materials, tools, machinery, equipment and supplies, acquired from any source including the Government, or manufactured by the Contractor under this contract shall v e s t in the Contractor, except that title to items of property described in Section 2.c. of Appendix “A” shall vest in the Government. The Contractor shall purchase, to the extent available in appropriate form, all radioisotopes, irradiation services and cyclotron time required in the performance of the work hereunder, through the Commission’s Isotope Uivision, Post Office Box E, Oak Ridge, Tennessee. The provisions of Appendix “B”, nttached hereto, are hereby made a part of this contract. ARTICLE IX - AUTHORIZATION This contract is authorized by and has been executed under the Atomic Energy Act of 1946. The following alterations to this contract were made by mutual agreement of the parties prior to ita 1. The sentence in paragraph 3 of Appendix “Bn requiring eecurity clearance of the Project Lsader is hereby deleted. 2. Paragraph 10 of Appendix “Bn, referring to the Eight-Hour Law is hereby deleted. .

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iN WITNESS WHEREOF, thb parties hereto have executed this contract the d a y and year first above UNITED STATES OF AMERICA BY: UNITED STATES ATOMIC ENERGY COMMISSION UNIVERSITY OF VIRGINIA ACCEPTANCE BY PROJECT LEADER I have read the foregoing Contract and the Appendices attached hereto and made a part hereof, and I agree to be bound by the provisions of this document.

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(b) It is inportant to de tez zb irhether or not tho red 0011s 8em oc a cowwe of LIB- Iron and ferritin in tho irradiated mkal. It ia moposcd to injeet rod cells "tqypdn with xndioiran and to follow tho dlstribtim of this ircn in tho b b i ! ond tiscuos of the Mntral nnd irrndintcd rata,

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(c) TWO atlird caretakers, janitar, (g) Part r tim student help 600.00 (h) Resident Staff of X-my De pas b nt 700.00 2. Food f o r rat colony 3 , 0 0 ~ . ~ 3eC muni at ions 9.00 Total AEC Contribution 1720.00 c. It is recognized that t h e Cantractor now has in his custcdy Contract 1?70~1--3'72irith the 1:tlVy Departnect, Office of Naval Research, vhi& property IJXU be trdnsfemd frm t h e I?m;- Ce?.wtmnt t o the Coxmission. It is aped that yon the cq let ion of thv trcmsfer the Cds sion will furnish dl SIX& prcperty to the Contractor for use m8er this coxtract and that title to that property will vest in the Contmctor cllder the provisions of Article VI, It is further aped that title Lo IIO pr0prt.J acquired under this contract trill vest in the Govemmt. See h-%lcleVI.

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a. Whenever a n y patentable invention or discovery is made or conceived by the Contractor or its employees in the course of any of the work under this contract, the Contractor shall furnish the Commission with complete information thereon; and the Commission shall have the s o l e power to determine whether or not and where a patent application shall be filed, and to determine the disposition of the title to a n d rights under any application or patent that m a y result. The judgement of the Commission on these matters shall be accepted as final; and the Contractor, for itself and for i t s employees, agrees that the inventor or inventors will execute all documents and do all things necessary or proper to carry out the judgment of the Commission. b. No claim for pecuniary award under the provisions of the Atomic Energy Act of 1946 shall be asserted by the Contractor or its employees with respect to a n y invention or discovery made or conceived in the course of any of the work under this contract. c. 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 Article from all persons who perform any part of the work under this contract, except clerical and manual labor personnel who will not have access to technical data. d. Except as otherwise authorized in writing by the Commission, the Contractor will insert in all subcontracts provisions making paragraphs a., b., and c. of this Article applicable to the subcontractor and its empIoyees. 2. Publications. The Contractor shall have full freedom of publication of the results of the research under &,is contract and the Contractor is urged to disseminate the results of the work through customary scientific publication channels, except that “restricted data” as defined in the Atomic Energy Act of 1946 shall be governed by the provisions of Paragraph 3 of t h i s Appendix “B”. All publications shall include a reference that the results were developed under a Commission sponsored project. 3. Disclosure of Information. a. It is understood that the work under this contract will not involve restricted data and the Contractor will perform such work as unclassified work. However, if in the course of such work any discoveries are made or any data used or developed that constitute restricted data, the Contractor shall promptly inform the Cornmission and s h a l l classify and safeguard all discoveries and data in accordance with the requirements of the Commission.L- -. The Contractor agrees that i t will not permit any individual to have a c c e s s to restricted data until the Federal Bureau of Investigation shall have made an investigation and report to the Commission of the character, associations and loyalty of s u c h individual and the Commission shall have determined hat permitting such person to have a c c e s s to restricted data will not endanger the common defense or security. If doubt e x i s t s as to whether any discovery or data developed constitute restricted data, prior to the release of these data and before permitting any individual who has not received clearance from the Commission to have a c c e s s to such data, the Contractor s h a l l seek guidance from the Commission. Furthermore, the Commission reserves the right to require the classification of work whenever in i t s opinion restricted data are involved.

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b. T h e continuation by the Contractor of work found to involve restricted’data will be subject to mutual agreement of the Commission and the Contractor and shall be covered by a modification of t h i s agreement. The phrase “restricted data” as defined in the Atomic Energy Act of 1946 and employed in this section shall mean “all data concerning the manufacture or utilization of atomic weapons, the production of fissionable material, or the use of fissionable material in the production of power, but shall not include any data which the Commission from time to time determines may be published without adversely affecting the common defense and security”. 4. Disputes. Except as otherwise specifically provided in this contract, all disputes which may arise under this contract and which are not disposed of by mutual agreement shall be decided by a representative of the Commission duly authorized to supervise and administer performance under this contract, who shall reduce his decision to writing and cause a copy thereof to be mailed to the Contractor; said decision shall be final and conclusive, subject to the provisions of the sentence next writing to the Commission, whose written decision thereon, or that of i t s duly authorized representative, representatives, or board, not including the representative mentioned in the preceding sentence, shall be final and conclusive. Pending decision of a dispute hereunder, the Contractor s h a l l proceed with the performance of its undertakings under this contract. Within thirty (30) days from the date of such mailing, the Contractor may appeal in 5. Safety and Accident Prevention - Inspections. The Contractor will comply with health and safety regulations of the Commission required for work of this nature, and permit the Commission and i t s designees to inspect the work conducted uncler this agreement. 6. Officials not to Eenefit. ’40 member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for itsgeneral 7. Anti-iliscrimination. The Contractor, in performing the work re,pired by this contract, shall not discriminate against any employee or applicant for employment because of race, creed, color, or 8. Convict Labor. The Contractor shali not, in the performance of this contract, employ any person undergoing sentence or imprisonment a t hard labor. a. l h e Commission may at any time upon 120 days written notice terminate t h i s contract in whole or in part. b. In the event of termination pursuant to subsection a., the Contractor will be reimbursed for the c o s t of the contract work already performed, together with reasonable costs of termination less the amount of a l l payments theretofore made. If the total payments theretofore made to t h e Contractor exceed the amount to which it i s entitled hereunder, the Contractor shall promptly remit the amount of any sucli excess to the Government.

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DISTRIBUTION ,4ND SCHEDULING OF REPORTS FOR DIRECT AEC RESEARCH COATRACTS Date . Copies and Distribution Remarks On one of Foliowing: 1. On completion of contract ne got ia t ion As desired by (2) Oak Ridge …

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