§ 961.11 the Purchaser having overall responsibility for the conduct of the Purchaser’s affairs. C. For Purchaser claims of $50,000 or less, the Contracting Officer must render a deci- sion within sixty (60) days. For Purchaser claims in excess of $50,000, the Contracting Officer must decide the claim within sixty (60) days or notify the Purchaser of the date when the decision will be made. D. This ‘‘Disputes’’ clause does not pre- clude consideration of law questions in con- nection with decisions provided for in para- graph A above; provided, however, that noth- ing in this contract shall be construed as making final the decision of any administra- tive official, representative, or board on a question of law. A RTICLE XVII—O FFICIALS N OT T O B ENEFIT No 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 its general benefit. A RTICLE XVIII—C OVENANT A GAINST C ONTINGENT F EES The Purchaser warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commis- sion, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agen- cies maintained by the Purchaser for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or in its discretion to in- crease the contract price or consideration, or otherwise recover, the full amount of such commission, brokerage, or contingent fee. A RTICLE XIX—E XAMINATION OF R ECORDS The Purchaser agrees that the Comptroller General of the United States or any of his duly authorized representatives shall have access to and the right to examine any di- rectly pertinent books, documents, papers and records of the Purchaser involving trans- actions related to this contract until the ex- piration of three years after final payment under this contract. A RTICLE XX—P ERMITS The Government and the Purchaser shall procure all necessary permits or licenses (in- cluding any special nuclear material li- censes) and comply with all applicable laws and regulations of the United States, States and municipalities necessary to execute their respective responsibilities and obliga- tions under this contract.
10 CFR Ch. III (1–1–12 Edition)
A RTICLE XXI—R IGHTS IN T ECHNICAL D ATA A. Definitions. 1. Technical data means recorded informa- tion regardless of form or characteristic, of a specific or technical nature. It may, for ex- ample, document research, experimental, de- velopmental, or demonstration, or engineer- ing work, or be usable or used to define a de- sign or process, or to procure, produce, sup- port, maintain or operate material. The data may be graphic or pictorial delineations in media such as drawings or photographs, text in specifications or related performance or design-type documents or computer software (including computer programs, computer software data bases, and computer software documentation). Examples of technical data include research and engineering data, engi- neering drawings and associated lists, speci- fications, standards, process sheets, manu- als, technical reports, catalog item identi- fication, and related information. Technical data as used herein do not include financial reports, cost analyses, and other information incidental to contract administration. 2. Proprietary data means technical data which embody trade secrets developed at pri- vate expense, such as design procedures or techniques, chemical composition of mate- rials, or manufacturing methods, processes, or treatments, including minor modifica- tions thereof, provided that such data: (a) Are not generally known or available from other sources without obligation con- cerning their confidentiality; (b) Have not been made available by the owner to others without obligation con- cerning its confidentiality; and (c) Are not already available to the Gov- ernment without obligation concerning their confidentiality. 3. Contract data means technical data first produced in the performance of the contract, technical data which are specified to be de- livered under the contract, or technical data actually delivered in connection with the contract. 4. Unlimited rights means rights to use, du- plicate, or disclose technical data, in whole or in part, in any manner and for any pur- pose whatsoever, and to permit others to do so. B. Allocation of Rights. 1. The Government shall have: (a) Unlimited rights in contract data ex- cept as otherwise provided below with re- spect to proprietary data properly marked as authorized by this clause; (b) The right to remove, cancel, correct or ignore any marking not authorized by the terms of this contract on any technical data furnished hereunder, if in response to a writ- ten inquiry by DOE concerning the propri- etary nature of the markings, the Purchaser
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