As Modified By DEAR 952.202-1 and 970.5204-18
Except as otherwise provided by other clauses of this contract, as used in this contract:
(b) "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate this contract and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.
(c) Except as otherwise provided in this contract, the term "subcontracts" includes, but is not limited to, purchase orders and changes and modifications to purchase orders under this contract.
(d) The term "DOE" means the Department of Energy, the Secretary of Energy, or any duly authorized representative of the Secretary, including the Contracting Officer.
(e) The term "Government" shall mean the United States of America or any duly authorized representative thereof.
(f) The term "Laboratory" shall mean the Lawrence Berkeley Laboratory, which is operated by the University of California.
(g) The term "Laboratory Director" shall mean the Director of the Lawrence Berkeley Laboratory.
(h) The term "University" shall mean The Regents of the University of California.
(j) The term "someone acting as the Laboratory director" shall mean the person appointed as Laboratory Director, the Deputy Director acting in the absence of the Laboratory Director, or a person specified in writing to have authority to act in the absence of the Laboratory Director and Deputy Director. This term shall not refer to a person having delegated authority for part, but not all, of the authorities of the Laboratory Director.
(k) The term "Laboratory employees" shall mean those University employees whose payroll and benefits are administered by the Laboratory.
(l) The term "central and branch office" shall mean the facilities and operations of the Office of the President of the University, and shall not refer to any satellite operations of the Laboratory.
(m) The term "Contracting Officer directive" ("directive") shall mean a regulation, order, or other written directive issued by the DOE for the purpose of imposing standing operational requirements on the University in the performance of work under this contract; but shall not include temporary written instructions issued by the Contracting Officer for the purpose of addressing short-term or urgent DOE concerns relating to health, safety or the environment.
(n) The term "a nonprofit management and operating contractor or subcontractors" shall mean one which receives no fee and is considered nonprofit under the laws of the jurisdiction where it is incorporated. A subsidiary may be a nonprofit contractor or subcontractor if all entities above in the corporate structure are considered nonprofit under the laws of the incorporating jurisdiction. The Contracting Officer may also treat as nonprofit a contractor whose particular corporate organization or circumstances, in the judgment of the Contracting Officer, warrants such consideration. All other management and operating contractors are considered profit making.
(o) The term "no gain / no loss" reflects the University's status as a not for profit instrumentality of the State of California and shall not be considered so as to preclude the payment of compensation to the University or to preclude a determination by DOE as to the disposition of costs incurred as unallowable costs under this contract in accordance with its terms.
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