ARTICLE X: PERSONNEL AND BENEFITS

ARTICLE X, CL. 1 - PERSONNEL, APPENDIX A (SPECIAL)

The University shall abide by the policies governing expenditures in connection with Laboratory employee personnel, specified in Appendix A attached hereto.

ARTICLE X, CL. 2 - CONSULTANT OR OTHER COMPARABLE EMPLOYMENT SERVICES (JULY 1989) * - DEAR 970.5204-27

(a) The University shall require all Laboratory employees who are employed full-time (an individual who performs work under the cost-type contract on a full-time annual basis) or part-time (50 percent or more of regular annual compensation received under terms of a contract with DOE) on the contract work to disclose to the University all consultant or other comparable employment services which the Laboratory employees propose to undertake for others. The University shall transmit to the Contracting Officer all information obtained from such disclosures. The University will require any Laboratory employee who will be employed full-time on the contract work to agree, as a condition of his or her participation in such work, that he will not perform consultant or other comparable employment services for another DOE cost-type contractor or another organization in the same or related energy field except with the prior approval of the University. Services of Laboratory employees to DOE contractors and other organizations may be furnished on a cost reimbursable basis at the option of the University.

(b) If the University believes, with respect to any employee who is employed full-time on the contract work, that any proposed consultant or other comparable employment service for an organization in the atomic energy field, other than a DOE cost-type contractor, may involve a significant question concerning (1) possible conflict with the policies regarding conduct of employees as provided for in the introduction to Appendix A, (2) the University's responsibility to report fully and promptly to DOE all significant research and development information, or (3) the patent provision of the University's contract, the University shall obtain the prior approval of the Contracting Officer for such consultant or other comparable employment service.

ARTICLE X, CL. 3 - ANTI-KICKBACK ACT (OCT 1988) * - FAR 52.203-7

(a) Definitions. "Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment or services of any kind.

"Prime Contractor" as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract" as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The Anti-Kickback Act of 1986 (41 U.S.C. [[section]][[section]] 51-58) (the Act), prohibits any person from--

(c)(1) The University shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

ARTICLE X, CL. 4 - RESERVED

ARTICLE X, CL. 5 - DRUG FREE WORKPLACE (JUL 1990) - FAR 52.223-6

(a) Definitions. As used in this clause, "Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. [[section]] 812) and as further defined in regulation at 21 CFR 1308.11-1308.15.

"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.

"Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.

"Drug-free workplace" means the site(s) for the performance of work done by the University in connection with a specific contract at which employees of the University are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

"Employee" means an employee of the University directly engaged in the performance of work under a Government contract. "Directly engaged" is defined to include all direct cost employees and any other University employee who has other than a minimal impact or involvement in contract performance.

"Individual" means an offeror/contractor that has no more than one employee including the offeror/contractor.

(b) The University shall within 30 calendar days after award (unless a longer period is agreed to in writing for contracts of 30 calendar days or more performance duration), or as soon as possible for contracts of less than 30 calendar days performance duration--

(c) The University agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of this contract.

(d) In addition to other remedies available to the Government, the University's failure to comply with the requirements of paragraphs (b) or (c) of this clause may, pursuant to FAR 23.506, render the University subject to suspension of contract payments, termination of the contract for default, and suspension or debarment.

ARTICLE X, CL. 6 - SPECIAL HAZARDS (SPECIAL)

(a) Inasmuch as the performance of the University's operations hereunder may subject employees to serious and unusual hazards with respect to which it is impossible to provide adequate protection, the University shall have the right to make payments, in addition to those provided for by Workers' Compensation laws or other statutes or under the terms of University's employee welfare plan and policies, to or on account of employees who become disabled or die as a result of such hazards.

(b) Whenever the University shall determine that any employee has become disabled or has died as a result of any special hazard listed below and the approval of the Contracting Officer has been obtained in accordance with the appropriate procedure set forth below, the University shall have the right to pay to such employee, his or her spouse, one or more of his or her next of kin, his or her designee, or to his or her legal representative, as the University may determine, a sum not exceeding $10,000, provided that when any such payment or payments have been made to an employee who has become disabled, no further payment shall be made by reason of the death of such employee which shall bring the total sum paid to an amount in excess of $10,000. It is expressly understood and agreed that the University assumes no obligation hereunder to make any payment from the University's own funds. A release may be required from the payee if the Contracting Officer and the University deem it necessary or appropriate.

(c) The term "employee" as used in this clause shall mean any person who is or has been employed by the University or any subcontractor, or who is or has been engaged as a consultant or borrowed personnel by the University or any subcontractor, and who has become disabled or has died as a result of the special hazards, as referred to in paragraph (b) of this clause, encountered by the University in the conduct of its operation under this contract.

(d) The term "disabled" as used herein shall be deemed to include (1) temporary total disability; (2) temporary partial disability; (3) permanent total disability; and (4) permanent partial disability.

(e) In the event of an accident involving the specified hazards in which any employee shall sustain serious injuries, the University is authorized to pay, subject to the approval of the Contracting Officer, a reasonable amount for the cost of transportation (including hotel, subsistence and other incidental expenses) of the spouse and one or more of next of kin of such injured employee from their respective homes to the place where such injured employee shall be situated and their return therefrom at the conclusion of said visit.

ARTICLE X, CL. 7 - ARG NEST INSURANCE BACK - UP (SPECIAL)

(a) This clause is incorporated into this contract in order to provide a means for DOE to back up ARG/NEST insurance coverage beyond protection afforded under paragraph (b)(1)(iv) of Article X, Clause 6, "Special Hazards,"of this contract, should an employee become disabled, or die, as a result of an ARG/NEST assignment, and should said insurance coverage be invalidated or nonexistent.

(b) Notwithstanding the clause entitled "Special Hazards," whenever the University shall determine that any employee listed on the ARG/NEST Roster has become disabled or has died as a result of an ARG/NEST assignment, and the ARG/NEST insurance coverage has been found to have been invalidated or nonexistent, and the approval of the Contracting Officer has been obtained in accordance with the procedure set forth in paragraphs (b)(2) and (3) of the clause entitled "Special Hazards," the University shall have the right to pay such employee, or his or her spouse, or one or more of his or her next of kin, or his or her designee, or his or her legal representative, as the University may determine, a sum in the amount of the said insurance but in no event in excess of $1,000,000 provided that when any such payment shall have been made to an employee who has become disabled, no further payment shall be made by reason of the death of such employee which would bring the total sum paid to an amount in excess of $1,000,000. In the event of eligibility for payment, the University agrees to obtain prior to such payment a release from the payee if the Contracting Officer and the University deem it necessary or appropriate; and a commitment from the employee, or his or her spouse, or one or more of his or her next of kin, or his or her designee, or his or her legal representative, as appropriate, that (1) any payments which might later be made under any ARG/NEST insurance coverage would be credited to any payments made by the University, and (2) that the University and/or DOE shall have a right of subrogation against the company issuing the ARG/NEST insurance coverage policy to the amount of any payment(s) by the University.

ARTICLE X, CL. 8 - NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (APR 1984) - FAR 52.222-1

(a) If the University has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the University shall immediately give notice, including all relevant information, to the Contracting Officer.

(b) The University agrees to insert the substance of this clause, including this paragraph (b), in any subcontract to which a labor dispute may delay the timely performance of this contract; except that each subcontract shall provide that in the event its timely performance is delayed or threatened by delay by any actual or potential labor dispute, the subcontractor shall immediately notify the next higher tier subcontractor or the University, as the case may be, of all relevant information concerning the dispute.

ARTICLE X, CL. 9 - CONVICT LABOR (APR 1984) - FAR 52.222-3

The University agrees not to employ any person undergoing sentence of imprisonment in performing this contract except as provided by 18 U.S.C. [[section]] 4082(c)(2) and Executive Order 11755, December 29, 1973.

ARTICLE X, CL. 10 - CONTRACT WORK HOURS AND SAFETY STANDARDS ACT_OVERTIME COMPENSATION (MAR 1986) - FAR 52.222-4

(a) Overtime requirements. Neither the University nor subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics (see Federal Acquisition Regulation (FAR) 22.300) shall require or permit any such laborers or mechanics in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.

(b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in paragraph (a) of this clause, the University and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the University and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions set forth in paragraph (a) of this clause in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in paragraph (a) of this clause.

(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer shall upon his or her own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the University or subcontractor under any such contract or any other Federal contract with the University, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the University, such sums as may be determined to be necessary to satisfy any liabilities of the University or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in paragraph (b) of this clause.

(d) Payrolls and basic records.

(e) Subcontracts. The University or subcontractor shall insert in any subcontracts the provisions set forth in paragraphs (a) through (e) of this clause and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The University shall be responsible for compliance by any subcontractor or lower tier subcontractor with the provisions set forth in paragraphs (a) through (e) of this clause.

ARTICLE X, CL. 11 - EQUAL OPPORTUNITY (APR 1984) - FAR 52.222-26

(a) If, during any 12-month period (including the 12 months preceding the award of this contract), the University has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the University shall comply with subparagraphs (b)(1) through (11) below. Upon request, the University shall provide information necessary to determine the applicability of this clause.

(b) During performing this contract, the University agrees as follows:

(c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1.

ARTICLE X, CL. 12 - VIETNAM VETERANS AFFIRMATIVE ACTION (APR 1984) - FAR 52.222-35

(a) Definitions. "Appropriate office of the State employment service system," as used in this clause, means the local office of the Federal-State national system of public employment offices assigned to serve the area where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.

"Openings that the University proposes to fill from within its own organization," as used in this clause, means employment openings for which no one outside the University's organization (including any affiliates, subsidiaries, and the parent companies) will be considered and includes any openings that the University proposes to fill from regularly established "recall" lists.

"Openings that the University proposes to fill under a customary and traditional employer union hiring arrangement," as used in this clause, means employment openings that the University proposes to fill from union halls, under their customary and traditional employer-union hiring relationship.

"Suitable employment openings," as used in this clause--

(b) General.

(c) Listing openings.

(d) Applicability.

(e) Postings.

(f) Noncompliance. If the University does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act.

(g) Subcontracts. The University shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary. The University shall act as specified by the Director to enforce the terms, including action for noncompliance.

ARTICLE X, CL. 13 - EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1988) - FAR 52.222-37

(a) The University shall report at least annually, as required by the Secretary of Labor, on:

(b) The above items shall be reported by completing the form entitled "Federal Contractor Veterans' Employment Report VETS-100."

(c) Reports shall be submitted no later than March 31 of each year beginning March 31, 1988.

(d) The employment activity report required by paragraph (a)(2) of this clause shall reflect total hires during the most recent 12-month period as of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. The University may select an ending date: (1) As of the end of any pay period during the period January through March 1st of the year the report is due, or (2) as of December 31, if the University has previous written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-I (Standard Form 100).

(e) The count of veterans reported according to paragraph (a) of this clause shall be based on voluntary disclosure. The University shall invite all special disabled veterans and veterans of the Vietnam era who wish to benefit under the affirmative action program at 38 U.S.C. [[section]] 2012 to identify themselves to the University. The invitation shall state that the information is voluntarily provided, that the information will be kept confidential, that disclosure or refusal to provide the information will not subject the applicant or employee to any adverse treatment and that the information will be used only in accordance with the regulations promulgated under 38 U.S.C. [[section]] 2012.

(f) Subcontracts. The University shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary.

ARTICLE X, CL. 14 - AFFIRMATIVE ACTION FOR THE HANDICAPPED (APR 1984) - FAR 52.222-36

(a) General.

(b) Postings.

(c) Noncompliance. If the University does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act.

(d) Subcontracts. The University shall include the terms of this clause in every subcontract or purchase order in excess of $2,500 unless exempted by rules, regulations, or orders of the Secretary. The University shall act as specified by the Director to enforce the terms, including action for noncompliance.

ARTICLE X, CL. 15 - CONSTRUCTION SUBCONTRACTING (SPECIAL)

Any subcontract entered into under this contract for the construction of new facilities or the alteration or repair of government-owned facilities shall contain the provisions relative to labor and wages required by law to be included in contracts for construction, alteration, and/or repair, including painting and decorating. The DOE will furnish contract clauses and other appropriate information for inclusion in such subcontracts.

ARTICLE X, CL. 16 - WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES (AUG 1992) * - DEAR 970.5204-58

DOE has furnished the University with its Workplace Substance Abuse Program as described in 10 CFR Part 707 for implementation at the Laboratory. The parties agree to negotiate in good faith to implement a workplace substance abuse program at the Laboratory satisfactory to both parties within six months after execution of this agreement. Until completion of negotiations, the University will not be subject to the contractual remedy provisions of 10 CFR Part 707.

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