SUPPLEMENTAL AGREEMENT:
THIS SUPPLEMENTAL AGREEMENT is made and entered into this 20th day of November,1992, effective October 1, 1992, by and between the UNITED STATES OF AMERICA (hereinafter called the "Government"), represented by the UNITED STATES DEPARTMENT OF ENERGY (hereinafter called the "DOE"), and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (hereinafter called the "University"), a corporation of the State of California.
WHEREAS, The Department of Energy (DOE) is a component of the executive branch of the United States government and discharges its responsibilities for conducting research and development in a number of scientific and technological areas at highly specialized facilities owned by the United States and managed by contractors through Management and Operating (M&O) contracts. These responsibilities are executed pursuant to and this Supplemental Agreement is authorized by provisions of the Atomic Energy Act of 1954, as amended (42 U.S.C. Section 2100, et seq.), DOE Organization Act, as amended (42 U.S.C. Section 7101, et seq.), and other applicable laws. In discharging these duties, the DOE is responsible for the preparation of the budget and its support before Congress, and overall programmatic direction and guidance;
WHEREAS, The University of California (University), a state university in California, as a non-profit organization, has managed the Lawrence Berkeley Laboratory (Laboratory) as a public service to the nation, for no loss or gain, in recognition of which the federal government provides a general indemnification of the University against liability or losses associated with its role as contractor, pursuant to provisions of this contract;
WHEREAS, The Laboratory is a multi-program national laboratory which performs a research mission in the energy sciences, general sciences and life sciences, including support for DOE programs in Energy Research, Conservation and Renewable Energy, Fossil Energy, Environmental Restoration and Waste Management, Policy Planning and Analysis and support for other DOE contractors. The Laboratory's mission also includes the development and operation of unique experimental facilities; the education and training of future generations of scientists and engineers, and the transfer of knowledge and technological innovations to industry to improve the nation's ability to compete economically;
WHEREAS, The Laboratory also performs research sponsored by agencies and organizations other than DOE, provided that the work is complementary to its principal mission, not in competition with the private sector, results in an overall benefit to the nation, and is consistent with other criteria required by DOE;
WHEREAS, The University is responsible for performance of agreed-upon programs of the highest possible technical quality, maintenance of programs across the spectrum of science relevant to the DOE mission, fostering an environment at the Laboratory conducive to scientific inquiry and the development and pursuit of new knowledge and creative and innovative ideas related to important national interests, and the application of cost efficient management;
WHEREAS, The DOE and the University both desire to restructure the existing M&O contractual relationship to provide for significantly expanded and enhanced University management oversight of the Laboratory which will enable the DOE to lessen its oversight presence at the Laboratory;
WHEREAS, Both the DOE and the University recognize that the contractual relationship must strike an appropriate balance between the ability to conduct science and responsible management oversight;
WHEREAS, The University will establish a Council on National Laboratories to be advisory to the President of the University on all matters related to the management and operation of the DOE laboratories that it manages;
WHEREAS, Both the DOE and the University recognize the importance and mutual benefit to be derived from continued and enhanced complementary and beneficial programs between the University and the Laboratory;
WHEREAS, Both the University and DOE intend that this contract include provisions appropriate for application to not-for-profit contractors. This will be accomplished in part by the incorporation of justified modifications to those standard contract provisions which are not appropriate for application to not-for-profit contractors;
WHEREAS, Both the University and DOE intend that the standards as established in the contract against which the management performance of the University is to be evaluated will be reasonable, clear, and mutually understood;
WHEREAS, Both the DOE and the University recognize that the unique nature of work performed at DOE research facilities requires a particularly cooperative and professional relationship between the parties in performing the obligations arising under this agreement in order to achieve their common objectives and fulfilling obligations of public accountability; and
WHEREAS, the DOE and the University, by Modification M141, extended the performance of this agreement through November 29, 1992, and both parties intend that said extension be superseded by this modification, and be effective October 1, 1992.
NOW THEREFORE, the parties agree that the entire agreement of the parties under Contract No. DE-AC03-76SF00098 shall be as follows:
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