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Contract AT(29-l)-1106

b. Violatioi; Liability for Unpaid Wages; Liquidated Damages.

In the event of any violation of the provisions of subparagraph a., the Contractor and any subcontractor responsible

therefor shall be liable to any affected employee for his

unpaid wages. In addition, such ContractOr and subcontractor shall be liable to the United States for liquidated

damages. Such liquidated damages shall be computed with

respect to each individual laborer or mechanic employed

in violation of the provisions of subparagraph a. in the

sum of $10. 00 for each calendar day on which such employee was required or permitted to be employed on such

work in excess of eight hours or in excess of the standard

workweek of forty hours without payment of the overtime

wages required by subparagraph a.

c. Withholding f6r Unpaid Wages and Liquidated Damages. The

Contracting Officer may withhold fromthe Government

Prime Contractor, from any moneys payable on account

of work performed by the Contractor or subcontractor,

such sums as may administratively, be determined to be

necessary to satisfy any liabilities of such Contractor or'

subcontractor for unpaid wages and liquidated damages as

provided in the provisions of subparagraph b.

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Contract AT(29-l)-1l06

Subcontracts. The Contractor shall insert subparagraphs

a. through d. of this paragraph 1. in all subcontracts,

and shall require their inclusion in all subcontracts

of any tier.

e. Records. The Contractor shall maintain payroll records

containing the information specified in 29 CFR 516. 2(a).

2. Equal Opportunity. During the performance of this contract, the

Contractor agrees as follows:

a. The Contractor will not discriminate against any employee

or applicant for employment because of race, creed, color

or national origin. The Contractor will take affirmative

action to ensure that applicants are employed, and that

employees are treated during employment, without regard

to their race,. creed, color or national origin. Such action

shall include, but not be limited to the following: employment,

upgrading, demotion or transfer; recruitment or recruitment

advertising; layoff or termination; rates of pay or other

forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to pose in

conspicuous places, available to employees and applicants

for employment, notices to be provided by the Contracting

Officer setting forth the provisions of this nondiscrimination

clause.

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Contract AT(29-l)-l106

b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, state that all qualified applicants will

receive consideration for employment without regard to

race, creed, color or national origin.

c. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining

agreement or other contract or understanding, a notice, to

be provided by the Contracting Officer, advising the labor

union or workers' representative of the Contractor's commitments under Section 202 of Executive Order No. 11246

cf September 24, 1965, and shall post copies of the notice

in conspicuous places available to employees and applicants

for employment.

d. The Contractor will comply with all provisions of

Executive Order N0. 11246 of September 24, 1965, and

of the rules, regulations and relevant orders of the

Secretary of Labor.

e. The Contractor will furnish all information and reports

required by Executive Order No. 11246 of September 24,

1965, and by the rules, regulations and orders .of the

Secretary of Labor, or pursuant thereto, and will permit

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Contract AT(29-1)-1106

access to his books, records and accounts by the Commission and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations

and orders.

f. In the event of the Contractor's noncompliance with the

nondiscrimination clauses of this contract or with any of

such rules, regulations or orders, this contract may be

cancelled, terminated or suspended, in whole or in part,

and t}e Contractor may be declared ineligible for further

Government contracts in accordance with procedures authorized in Executive Order No. 11246 ci September 24, 1965, and

such other sanctions may be imposed and remedies

invoked as provided in Ececutive Order No. 11246 of

September 24, 1965, or by rule, regulation or order of

the Secretary of Labor, or as otherwise provided by law.

g. The Contractor will include the provisions of subparagraphs

a. through g. in every subcontract or purchase order

unless exempted by rules, regulations or orders of the

Secretary of Labor issued pursuant to Section 204 of

Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontrac-.

tor or vendor. The Contractor will take such action with

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Contract AT(29-1)-1106

respect to any subcontract or purchase order as.the

Commission may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided,

however, that in the event the Contractor becomes involved

in, or is threatened with, litigation with .a subcontractor or

vendor as a result of such direction by the Commission, the

Contractor may request the Government to enter into such

litigation to protect the interests of the Government.

3. Notice of Labor Disputes. Whenever an actual or potential labor

dispute is delaying or threatens to delay the performance of the

work, the Contractor shall immediately notify the Contracting

Officer in writing. Such notice shall include all relevant

information concerning the dispute and its background.

4. Convict Labor. In connection with the performance of work under

this contract, the Contractor agrees not to employ any

person undergoing sentence of imprisonment at hard labor.

5. Waish-Healey Public Contracts Act. If this contract is for

the manufacture or furnishing of xm.terials, supplies, articles,

or equipment, in an amount which exceeds or may exceed

$10, 000 and is otherwise subject to the Waish-Healey Public

Contracts Act, as amended (41 U. S. Code 35-45), there are

hereby incorporated by reference all representations and

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:stipulations required by said Act and regulations issued

thereunder by the Secretary of Labor, such representations

and stipulations being subject to all applicable rulings and

interpretations of the Secretary of Labor which are now or

may hereafter be in effect. - 6. Davis-Bacon Act. Upon request of the Commission and '

acceptance thereof by the .Contractor, the Contra.ctor shall

procure by subcontract the construction of new facilities or

the alteration or repair of Government-owned facilities at

the Plant. Any subcontract entered into under thi s paragraph

shall be subject to the written approval of the Commission

and shall contain the provisions relative to labor and wages

required by law to be included in contracts for the construction, alteration, and! or repair, including painting and

decorating, of a public building or public work.

ARTICLE XXII - PATENTS

Whenever any invention or discovery is made or conceived

by the Contractor or its employees or consultants in the

course of or under this contract, the Contractor shall

promptly furnish the Commission with complete information thereon; and the Commission shall have the sole power

to determine whether or not and where a patent application

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be filed, and to determine the disposition of the title to

_S rights in and to any invention or discovery and any patent

:application or patent that may result; provided, however, that irj

the fields of light metals and chemistry relating to the Contractor's :

business, including equipment and instrumentation relating thereto,

the Contractor in any event shall retain at least a nonexclusive,

irrevocable, royalty-free license with the right to issue sub-licenses

under such. invention,' discovery, patent application, or patent,

such license and sub-licenses being limited to the manufacture,

use and sale for purposes other than use in the production or utilization of special nuclear material or atomic energy. Subject to

the license and sub-licensing rights retained by the Contractor

as provided in this paragraph, the judgment of the Commission

on these matters shall be accepted as final; and the Contractor,

for itself and for its employees and consultants, agree that the

inventor or inventors will execute all documents and do all things

necessary or proper to carry out the judgment of the Commission.

2. No claim for pecuniary award or compensation under the provisions of the Atomic Energy Act of 1954, as amended, shall
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Contract AT(29-l)-1106

iserted by the Contractor or its emj loyees or consultants

respect to any invention or discovery made or conceived

,inthe course of or under this contract

Except as otherwise authorized in writing by the Commission,

the Contractor will obtain patent agreements to effectuate the

purposes of paragraphs 1. and 2. of.this article from all

persons who perform any part of the work under this contract,-

except such clerical and manual labor personnel as will not

have access to technical data.

4. Except as otherwise authorized in writing by the Commission,

the Contractor will insert in all subcontracts and purchase

orders, including consultant agreements made hereunder,

provisions making paragraphs 1. through 6. of this article

(except for the-license proviso set forth in the first sentence of paragraph 1) applicable to the subcontractor or vendor and their

employees; provided, however, that the provisions of this

article need not be inserted in subcontracts and purchase

orders for ordinary commercial materials or equipment that

are to be furnished "Off-the-shelf", and as to such subcontracts

and purchase orders an indemnity provision, as set forth below,

• in favor of the Government shall be obtained:

Patent Indemnity:

The Seller (or subcontractor) agreesto.indemnify the .

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Contract AT(29-l)-1106

• Buyer and the Government, their officers, agents,

servants, and employees against liability of any kind

(including costs and expenses incurred) for the use of

• any invention or discovery and for the infringement of

any Letters Patent (not including liability, arising

pursuant to Section 183, Title 35, (1952) U. S. Code,

prior to the issuance of Letters Patent) occurring in

the performance of this purchase orde.r tor subcontract)

or arising by reason of the use or disposal by or for

the account of the Buyer or the Government of items

manufactured or supplied under this purchase order

(or subcontract).

5. It is recognized that during the- course of the work under this

contract, the Contractor or its employees or consultants may

from time to time desire to publish, within the limits of

security requirements, information regarding scientificor

technical developments made or conceived in the course of • or under this contract. In order that public disclosure of such

information will not adversely affect the patent interests of

the Commission or the Contractor, patent approval for release

and publication shall be secured from the Commission prior to

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Contract AT(29-.1)-l106

6. With respect to any U. S. Patent Application filed by the Contractor on any contract invention or discovery made or conceived in the course of the contract, the Contractor will

incorporate in the first paragraph of the U. S. Patent Application the following statement:

"The invention described herein was made in the

course of, or under, a contract (if desired, may

substitute contract with identifying number) with

the U. S. Atomic Energy Commission."

7. The Contractor hereby grants to the Government a perpetual

royalty-free nonexclus ive, nontransferable license to directly,

or through contractors, practice in the Plant, and for the

same purposes in or at other facilities operated by or for

the Commission, but not elsewhere, all patented inventions,

secret processes, technical information and know-how of the

Contractor which are incorporatedi. the construction or

operation of the Plant by the Contractor; provided, however,

the Contractor shall at the time of incorporation of any such

patented inventions, secret processes, technical information

or know-how specifically identify the same, and the Commission's right to practice, directly or through contractors, shall

be limited as above set forth, unless the secret processes,

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:l information or know-how are generally available

public or have been made available to the Commission

'm other sources.

ICLE XXIII.- BUY AMERICANACT

acquiring end products, the Buy American Act (41 U.S.

Code lOa-d) provides that the Government give preference

to domestic source end products. For the purpose of this

article:

a. . "Components: means those articles, materials, and

supplies which are directly incorporated in the end

products;

b. "End products" means those articles, materials, and

supplies which are to be acquired under this contract

for public use; and

c. A "domestic ource end product" means (i) an unmanufactured end product which has been mined or produced

in the United States, and (ii) an end product manufactured

in the United States if the cost of the components thereof

which are mined, produced, or manufactured in the thited

States exceeds 50% of the cost of all its components.

For the purposes of this 1. c. (ii), components of foreign

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Contract AT(29-1)-1106

origin of the same type or kind as the products referred

to in 2. b. or c. of this article shall be treated as components mined, produced, or manufactured in the United

States.

2. The Contractor agrees that there wl1 be used under tlis contract (by the Contractor, subcontractor, materialmen, and

suppliers) only domestic source end products, except end

products:

a. Which are for use outside the United States;

b. Which the Government determines are not mined, produced,

or manufactured in the United States in sufficient and

reasonably available commercial quantities and of a

satisfactory quality;

c. As to which the Commission determines the domestic

preferenceto be inconsistent withthe public interest; or

d. As to which the Commission determines the cost to the

Government to be unreasonable.

(The foregoing requirements are administered in accordance

with Executive Order No. 10582, dated December 17, 1954.)

ARTICLE XXIV - SECURITY . . Contractor's Duty to Safeguard Restricted Data and Other

Classified Informatio. In the performance of the work under

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Contract AT(29-l)-llO6

this contract, the Contractor shall, in accordance with the

Commission's security regulations and requirements, be

responsible for safeguarding restricted data and other clas - sified matter and protecting against sabotage, espionage,

loss, and theft, the classified documents, materials, equipment, processes, etc., as well as such other material of

high intrinsic or strategic value as may be in the Contractor's

possession in connection with performance of work under

this contract. Except as otherwise expressly provided in

this contract, the Contractor shall, upon completion or termination of this contract, transmit to the Commission any classified matter in the possession of the Contractor or any person

under the Contractor's controlin connection with performance

of this contract.

2. Regulations. The Contractor agrees to conform to all security

regulations and requirements of the Commission.

3. Definition of Restricted Data. The term "restricted Data",

as used in this article, means all data concerning (i) design,

manufacture, or utilization of atomic weapons; (ii) the production of special nuclear material; or (iii) the use of special

nuclear material in the production of energy, but shall not

include data declassified or removed from the Restricted

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Contract AT(29_l)_1106 1 Data category pursuant to Section 142 of the Atomic Energy

Act of 1954.

4. Security Clearance of Personnel. The Contractor shall not

permit any individual to have access to Restricted Data, or

other classified information, except in accordance with the

Atomic Energy Act of 1954, as amended, and t1e Commission's

regulations or requirements.

5. Criminal Liability. It is understood that disclosure of information relating to the work or services ordered hereunder to

any person not entitled to receive it, or failure to safeguard

any Restricted Data or any Top Secret, Secret, or Confidential

matter that may come to the Contractor or any person under

the Contractor's control in connection with work under this

contract, may subject the Contractor, his agents, employees,

and subcontractors to criminal liability under the laws of the

United States. (See the Atomic Energy Act of 1954, 68 Stat.

919). (See also Executive Order 10104 of February 1, 1950,

15 F. R. 597.).

6. Subcontracts and Purchase Orders. Except as otherwise

authQrized in writing by the Contracting Officer, the Contractor shall insert provisions similar to the foregoing in

all. subcontracts and purchase orders under this contract.

. . . .

r

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ARTICLE XXV - COVENANT AGAINST CONTINGENT FEES

1. Warranty - Termination or Deduction for Breach. The Contractor 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 commission, percentage,

brokerage or contingent fee, excepting bona fide employees

or bona fide established commercial or selling agencies main-•

tamed by the Contractor for the purpose of securing business.

For breach or violation of this warranty the Government shall

have the right to annul this contract without liabiljty or in its

discretion to deduct from the contract price or consideration,

or otherwise recover, the full amount of such commission,

percentage, brokerage, or contingent fee.

. 2. Subcontracts and Purchase Orders. Unless otherwise author-

• ized by the Contracting Officer in writing the Contractor shall

cause provisions similar to the foregoing to be inserted in all subcontracts and purchase orders entered into under this contract.

ARTICLE XXVI - OFFICIALS NOT TO BENEFIT

No member of cr delegate to Congress, or resident commissioner,

shall he admitted to any share or part of this contract, or to any

benefit that may arise therefrom; but this provision shall not be

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Contract A ('

construed to extend to this contract if made with a corporation for

its general benefit.

ARTICLE XXVII - TERMINATION

The performance of work under this contract maybe terminated

by the Commission in whole, or from time to time in part,

(i) whenever the Contractor shall default in performance, and

shall fail to cure the fault or failure within such period as the

Commission may allow after receipt from the Commission of

a notice specifying the fault or failure, or (ii) whenever for any

reason the Commission shall determine any such termination

is for the best interest of the Government. Termination of the

work hereunder shall be effected by delivery of a notice of

termination specifying whether termination is for default of

the Contractor r at the option of the Commission, the extent

to which performance of work under the contract shall be terminated, and the date upon which such termination shall become

effective. Any such termination shall be without prejudice

to any claim which either party may have against the other.

If, after notice of termination of this contract under the proVisions of paragraph 1. (i) above, it is determined for any

reason that the Contractor was not in default pursuant to that

paragraph, or that the Contractor's failure to perform or to

make progress in performance is due to causes beyond the

L
Modili

Contract aJ.tG.

control and without the fault or negligence of the Contractor,

the notice of termination shall be deemed to have been issued

for the convenience of the Government under paragraph 1. (ii)

above, and the rights and obligations of the parties hereto

shall in such event be governed accordingly.

2. Upon receipt of notice of termination, in accordance with paragraph 1. above, the Contractor shall, to the extent directed in

writing by the Commission, discontinue the terminated work

and the placing of orders for materials, facilities, and supplies in connection therewith, and shall proceed, if, and to

the extent required by the Commission, to cancel promptly,

and settle with the approval or ratification of the Commission,

existing orders, subcontracts and commitments insofar as

such orders, subcontracts and commitments are chargeable

to this contract or he terminated portion thereof.

3. Upon the termination of this contract, fulland complete

settlement of all claims of the Contractor and of the Commission arising out of this contract shall be made as follows:

a. The Government shall assume sole responsibility for•

any and all obligations, commitments and claims that

the Contractor may have theretofore in good faith

.

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undertaken or incurred in connection with the term1:e y.

the cost of which would be allowable in accordance with

the provisions of this contract; and the Contractor shall,

as a condition of receiving the payments mentioned in

this article, execute and deliver all such papers and take

all such steps as the Commission may require for the

purpose of fully vesting in the Government any rights and

benefits the Contractor may have under such obligations

or commitments.

b. The Government shall treat as allowable costs all expenditures made in accordance with the article of this contract

entitled "Allowable Costs and Fixed Fe&' not previously

so allowed or otherwise credited.

c. The Government shall treat as allowable costs such

further expenlitures made by the Contractor after the

date of termination for the protection of Government

property and for accounting and legal services in. connection with the settlement of this contract as are

approved or required by the Commission.

d. If performance of work under this contract is terminated

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Contract AT(...7

in whole for the convenience of the Government, the

fixed fee of the Contractor shall be prorated to and including the effective date of such termination. In addition, the Contractor shall be paid a fixed fee in an amount

to be agreed upon as compensatilDn for its services in

closing out the work under this contract after the effective date of such termination. The fixed fee is to be

negotiated as soon as practicable after service of notice

of termination, shall be based upon an estimate of the cost

of the services under this article agreed to by the Contractor and the Commission, and shall be provided for in

a supplement or amendment to this contract prior to final

settlement hereunder. In the event of a partial termination

for the convenience of the Government, an equitable

adjustment shall be made in the fixed fee if such termination results in a material decrease in the level of the

Contractor's management effort. Pending agreement as to

the amount of such fee, the Contractor shall diligently

proceed with the performance of the services required

urder this article. Any failure to agree on the right to

.

.

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Contract AT

or the amount of such adjustment shall be deemed a

dispute within the purview of the article of this contract

entitled "Disputes". If the contract is terminated due to

the fault of the Contractor, no additional payments on

account of the fee shall thereafter accrue.

e. The obligation of the Government to make any of the payments required by this article or any other provisions of

• this contract shall be subject to any' unsettled claims in

connection with this contract which the Government may

have against the Contractor.

4. Prior to final settlement, the Ccn tractor shall furnish a release as required in the article of this contract entitled

"Payments and Advances" and such accounting for Governmentowned property as may be required by the Commission; provided,

however, that unles the Commission requires an inventory, the

maintenance and disposition of records of Government-owned

property in accordance with the article of this contract entitled

"Accounts, Records and Inspection: shall be accepted by the

Commission as full compliance with all requirements of this

contract pertaining to an accounting for such property.

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ARTICLE XXVIII - CONTROL OF SS MATERIALS

As used in this article, the term "SS Materials" is a collective

term which includes source material, special nuclear material

and those other materials to which, by direction of the General

Manager of the Commission, the provisions of Part 7400 of the

AEC Manual apply. The Contractor shall, in a manner satisfactory

to the Commission, establish accounting and measurement procedures, maintain current records and institute appropriate control

measures for SS Materials in its possession commensurate with

• the national security and the economic value of the SS Materials..

Transfers of SS Materials will not be made without prior written

approval of the Commission. Except as otherwise authorized by

the Commission, SS Materials in the Contractor's possession,

custody, or control shall be used only for furtherance of the work

under this contract. The Contractor shall be responsible for

the control of such SS Materials in accordance with Part 7400

of the AEC Manual and shall include in each purchase order, subcontract,

and other commitment involving the use of SS materials which it

enters into under this contract, appropriate terms and conditions for

• the use of SS Materials and the responsibilities of the subcontractor

or vendor regarding control of SS Materials. In the case of fixed price

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• • •• •;,•-_. •1;h .. •.• • .• -•-• •- • • •- •---
Mothf

Contract AT'(L. ,4

purchase orders, subcontracts, or other commitments, the terms and

conditions with respect to SS Materials shall also include the financial

responsibilities, if any, regarding such items as losses, scrap recovery,

and product recovery.

ARTICLE XXIX - RENEGOTIATION - If this contract is subject to the Renegotiation Act of 1951, as amended,

the following provisions shall apply:

1. This contract is subject to the Renegotiation Act of 1951

(50 U. S. C. App. 1211, et seq.), as amended, and to any

subsequent act of Congress providing for the renegotiation of

contracts. Nothing contained in this article shall impose any

•renegotiation obligation with respect to this contract or any

subcontract hereunder which is not imposed by an act of Congress

heretofore or hereafter enacted. Subject to the foregoing, this

contract shall be deemed to contain all the provisions required

by Section 104 of the Renegotiation Act of 1951, and by any such

other act, without subsequent contract amendment specifically

incorporating such provisions.

2. The Contractor agrees to insert the provisions of this article,

• including this paragraph 2., in all subcontracts, as that term

is defined in Section lO3g of the Renegotiation Act of 1951, as

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Contract AT(29-l)-llO6

- CLASSIFICATION

!3rmance of the work under this contract, the Contractor

sign classifications to all documents, material, and equipment

!nated or generated by the Contractor in accordance with classition guidance furnished to the Contractor by the Commission.

Every subcontract and purchase order issued hereunder involving the

origination or generation of classified documents, material or equipment, shall include a provision to the effect that in the performance of

such subcontract or purchase order the subcontractor or supplier shall

assign classifications to all such documents, material, and equipment

in accordance with classification guidance furnished to such subcontractor or supplier by the Contractor.

ARTICLE XXXI - UTILIZATION OF SMALL BUSINESS CONCERNS

1. It is the policy of the Governthent as declared by the Congress

that a fair proportion of the purchases and contracts for supplies and services for the Government be placed with small

business concerns.

2. The Contractor agrees to accomplish the maximum amount of

• subcontracting to small business concerns that the Contractor

finds to be consistent with the efficient performance of this

contract.

ARTICLE XXXII - SMALL BUSINESS SUBCONTRACTING PROGRAM

1. The Contractor agrees to establish and conduct a small business

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subcontracting program which will enable small business concerns to be considered fairly as subcontractors and suppliers

under this contract. In this connection, the Contractor shall:

a. Designate a liaison officer who will (i) maintain liaison

with the Government on small business matters, (ii)

supervise compliance with the "Utilization of Small

Business Concern" article, and (iii) administer the

Contractor's "Small Business Subcontra.cting Program".

b. Provide adequate and timely consideration of the potentialities of small business concerns in all "nake-or-buy"

decisions.

c. Assure that small business concerns will have an equitable

opportunity to compete fQr subcontracts, particularly by

arranging solicitations, time for the preparation of bids,

quantities, specifications and delivery schedules so as

to facilitate the participation of small business concerns.

Where the Contractor's lists of potential small business

subcontractors are excessively long, reasonable effort

shall be made to give all such small business concerns

an opportunity to compete over a period of time.

d. Maintain records showing (i) whether each prospective

subcontractor is a small business concern, (ii) procedures

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Contract AT(

which have been adopt.'d to comply with the policies

set forth in this article, and (iii) with respect to the

letting of any subcontract (including purchase orders)

exceeding $10, 000, information substantially as fo1lovs:

(1) Whether the award wentto large. or small business.

(2) Whether less than three or more than two small

business concerns were solicited.

(3) The reason for nonsolicitation of small business

if such was the case.

(4) The reason for small business failure to receive

the award if such was the case when small business

was solicited.

The records maintained in accordance with (iii) above

may bein such form as the Contractor may determine,

and the information shall be summarized quarterly and

submitted by the purchasing department of each individual

plant or division to the Contractor's cognizant small

business liaison officer. Such quarterly summaries

will be considered to be management records only and

need not be submitted routinely to the Government; how-.

ever, records maintained pursuant to this article will be

kept available for review.

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Contract e Notify the Contracting Officer before soliciting bids or

quotations on any subcontract (including purchase orders)

in excess of $10, 000 if (i) no small business concern is

to be solicited, and (ii) the Contracting Officer's consent

to the subcontract (or ratification) is required by the

"Subcontracts and Purchase Orders" article in this

. contract. Such notice will state the Contractor's reasons

for nonsolicitation of small business concerns, and will

be given as early in the procurement cycle as possible

so that the Contracting Officer may give the SBA timely

notice to permit the SBA a reasonable period to suggest

potentially qualified small business concerns through the

Contracting Officer. In no case will the procurement

action be held up when to do so would, in the Contractor's

. judgment, delay performance under the contract.

f. Include the "Utilization of Small Business Ccn cerns"

article in subcontracts which offer substantial small

business subcontracting opportunities.

g. Cooperate with the Contracting Officer in any studies

• and surveys of the Contractor's subcontracting procedures and practices that the Contracting Officer may

from time to time conduct. •

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b Submit such information on subcontracting to small

business concerns as is called for by the Contracting

Officer.

2. A "small business concern" is a concern that meets the pertinent criteria established by the Small Business Administration

and set forth in Section 1-1. 701 of the Federal Procurement

Regulations.

3. The Contractor agrees that, in the event he fails to comply

with his contractual obligations concerning the small business

subcontracting program, this contract may be terminated,

in whole or in part, for default.

4. The Contractor further agrees to insert, in any subcontract

heremder which may exceed $500, 000 and which contains -

the "Utilization of Small Business Concerns" article, provisions which shall conform substantially to the language of

this article, including this paragraph 4., and to notify the

Contracting Officer of the names of such subcontractors.

ARTICLE XXXIII - UTILIZATION OF CONCERNS IN LABOR

- SURPLUS AREAS

It is the policy of the Government to place contracts with concerns

which will perform such contracts substantially in areas of persjstent or substantial labor surplus, where this can be done

-77-
S

Modificat

Contract AT(.

consistent with the efficient performance of the ontract and at prices

no higher than are obtainable elsewhere. The Contractor agrees to

use his best efforts to place his subcontracts in accordance with

this policy. In complying with the foregoing and with paragraph 2.

of the article of this contract entitled "Utilization of Small Business

Concerns", the Contractor in placing his subcontracts shall observe

the following order of preference: (1) persistent labor surplus area

concerns which are also small business concerns; (2) other per-.

sistent labor surplus area concerns; (3) substantial labor surplus

area concerns which are also small business concerns; (4) other

substantial labor surplus area concerns; and (5) small business

concerns which are not labor surplus area concerns.

ARTICLE XXXIV - LABOR SURPLUS AREA SUBCONTRACTING

PROGRAM

1. The Contractor agrees to establish and conduct, a program

which will encourage labor surplus area concerns to compete

for subcontracts within their capabilities. In this connection,

the Contractor shall:

• a. Designate a liaison officer who will (i) maintain liaison•

with duly authorized representatives of the Government

on labor surplus area matters, (ii) supervise compliance

-78-
— .J. Li

Contract AT(2-,-114

with the "Utilization of Concerns in Labor Surplus Areas"

article, and (iii) administer the Contractor's "Labor

Surplus. Area Subcontracting Program";

b. Provide adequate and timely consideration of the potentialities of labor surplus area concerns in all "makeorbuy"

decisions;

c. Assure that labor surplus area concerns will have an

equitable opportunity to compete for subcontracts, particularly by arranging solicitations, time for the preparation

of bids, quantities, specifications, and delivery schedules

so as to facilitate the participation of labor surplus area

concerns;

d. Maintain records showing procedures which have been

adopted to comply with the policies set forth in this

article; and

e. Include the "Utilization of Concerns in Labor Surplus

Area3" article in subcontracts which offer substantial

labor surplus area subcontractingopportunitie S.

A "labor surplus area concern" is a concern which will perform,

or cause to be performed, a substantial proportion of any contract awarded to it in "Areas of Substantial Labor Surplus" (also

called "Areas of Substantial Unemployment"), as designated by

-79-

.

2.
Contra

the Department of Labor A concern shall be deemed to perform a substantial proportion of a contract in a labor surplus

area if the costs that the concern will incur on account of

manufacturing or production performed in persistent or substantial labor surplus areas (by itself or its first-tier subcontractors) amount to more than 50% of the price of such contract.

3. The Contractor further agrees to insert, in any subcontract

hereunder which may exceed $500, 000 and which contains the

"Utilization of Concerns in Labor Surplus Areas" article, provisions which shall conform substantially to the language of

this article, including this paragraph 3., and to notify the

Contracting Officer of the names of such subcontractors.

ARTICLE XXXV - PRIORITIES, ALLOCATIONS AND ALLOT MENT S

The Contractor shall follow the provisions of DMS Regulation 1. and

all other applicable regulations and orders of t1 Business and Defense Service Administration in obtaining controlled materials and

other products and materials needed to fill this contract.

ARTICLE Xxxvi - AVAILABILITY OF APPROPRIATED FUNDS

The duties and obligations of the Government hereunder calling for

the expenditure of appropriated funds shall be subject to the availabflity of funds. appropriated by the Congress which the Commission

legally spend for such purposes

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__________
article.

b. The term "contract location" means any. Commission

facility, installation or site at which contractual activity

under this contract is being carried on, and any Contractor-owned or controlled facility, installation, or

site at which the Contractor is engaged in the performance of contractual activity under this contract.

2. Except as hereafter permittd.or required in writing •by the

Commission, the Contractor will not be required to provide

or maintain, and will not provide or maintain at Government

expense, any form of financial protection to cover public

liability. The Commission may at any time require in writing

that the Contractor provide and maintain financial protection

of such a type and in such amount as the Commission shall

determine to be appropriate to cover public liability arising.

out of or in connection with the contractual activity, provided

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ication 1 , 1. — Contract AT(29-l)-l1O6

i XXXVII - NUCLEAR HAZARDS INDEMNITY

This article is incorporated into this ccntract pursuant to

the authority contained in subsection 170d. of the Atomic

Energy Act of 1954, as amended (hereinafter called the Act).

a. The definitions set out in the Act shall apply to this
that the costs of such financial protection will be eu

to the Contractor by the Commission.

3. a. To the extent that the Contractor and other persons

indemnified are not compensated by any financial

protection permitted or required by t1 Commission,

the Commission will iademnify th Contractor, and

other persons indemnified, against (i) claims for

public liability as described in subparagraph b. of this

paragraph 3.; and (ii) the reasonable costs of investigating and settling claims, and defending suits. for damage

for such public liability, provided that the Commission's

liability, including such reasonable costs, under all

indemnity agreements entered into by the Commission

under Section 170 of the Act, including this contract,

shall not exceed $500, 000, 000 in the aggre.te for each

nuclear incident occurring within the United States or

$100, 000, 000 in the aggregate for each nuclear incident

occurring outside the United States, irrespective of the

number of persons indemnified in connection with this

contract.

b. The public liability referred to in subparagraph a. of

.

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this paragraph is public liability which (i) arises

out of or in connection with the contractual activity; and

(ii) arises out of or results from:

(1) A nuclear incident which takes place at a contract

location; or

(2) A nuclear incident which takes place at any other

location and arises out of or in the course of the

performance of contractual activity' under this

contract by the Contractors employees, individual

consultants, borrowed personnel, or other persons

for the consequences of whose acts or omissions

the Contractor is liable, provided that such incident

is not covered by any other indemnity agreement

entered into by the Commission pursuant to Section

170 of the Act; or

(3) A nuclear incident which arises out of or in the

course of transportation of source, special nuclear,'

or by-product materials to o from a contract

location; provided such incident is not covered by

any indemnity agreement entered into by the Commission with the transporting carrier, or with a

carrier's organization acting for the benefit of the

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'
Modification No. 104

Contract AT(29-1)-1106

transporting carrier, or with a licensee of the

Commission, pursuant to Section 170 of the Act; or

(4) A nuclear incident which involves items (such as

equipment, material, facilities, or design or other

data) produced or delivered under this contract,

provided such incident is not covered by any other

indemnity agreement entered into by the Commission pursuant to Section 170 of the Act.

4. a. When the Commission shall determine that the Government

will probably be required to make indemnity payment s

under the provisions of paragraph 3. above, the Commission shall have the right to, and shall, collaborate with the

Contractor and any othefperson indemnified in the settlement or defense of any claim and shall lave the right (i) to

require the prior approval of the Commission for the payment of any claim that the Commission-may be required

to idemnify hereunder, and (ii) to appear through the

Attorney General on ehalf of the Contractor or other

person indemnified in any action brought upon any claim

that the Commission may be required to indemnify hereunder, take charge of such action, and settle or defend

-84-

4.. , —
Modification No. 104

Contract AT(29-l)-1l06

any such action. If the settlement or defense of any such

action or claim is undertaken by the Commission, the

Contractor shall furnish all reasonable assistance in

effecting a settlement or asserting a defense.

b. The Contractor or other persons indemnified shall

immediately give the Commission (i) written notice

of any claim or action against the Contractor or other

person indemnified as to which the indemnification

obligations of the Commission urder this article may

apply, and (ii) copies of all pertinent papers received

by the Contractor or other person indemnified relating

to such claim or action. If the settlement or defense

of any such action or claim is undertaken by the Commission, the Contractor shall furnish all reasonable

assistance iii effecting a settlement or asserting a

defense. Where any such action is nOt covered by a

policy of insurance, the Contractor or other person

indemnified shall proceed with the defense of such

action in good faith if notified in writing by the COrnmission that the Commission does not elect to defend

such action.

5. The indemnity provided by this article shall not apply to public

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.
Modification No iv

Contract AT(29-l)-l106

liability arising out of or in connection with any activity that

is performed at a licensed facility, and that is covered by a

Commission indemnity agreement authorized by Section 170

of the Act.

6. The obligations of the Commission under this article shall not

be affected, by any failure on the part of the Contractor to

fulfill its obligation under this contract, and shall be unaffected

by the death, disability, or termination of existence of the Contractor or by the completion, termination, or expiration of

this contract.

7. The parties to this contract enter into this article upon the

condition that this article may be amended at any time by

the mutual written agreement of the Commission and the

Contractor and that such amendment may, by its express

terms, provide that it will apply to any nuclear incidents

which occur thereafter.

8. The provisions of this article shall not be limited in any way

by, and shall be interpreted without reference to, any other

article of this contract, (including the article "Disputes");

provided, however, that the following provisions of this contract: t1e articles entitled "Covenant Against Contingent Fees",

"Officials Not To Benefit," Assignment," and "Examination

of Records," and any provisions later added to thi contract which,

-86-

L
Modification No. 104

Contract AT(29-1)-ll06

under applicable Federal Law, including statutes, executive

orders and regulations, are required to be included in agreements of

the type contained in this article, shall apply to this article.

ARTICLE XXXVIII - NUCLEAR REACTOR SAFETY

The activities under this contract include the operation of a

nuclear reactor and the contractor recognizes that such operation

involves the risk of a nuclear incident which, while the chances

are remote, could adversely affect the public health ard safety.

In the operation of the nuclear reactor, the Contractor will exercise

a degree of care commensurate with risk involved.

2. The Contractor shall comply with all applicable regulations of

the Commission concerning nuclear reactor safety and with those

requirements (including reporting requirements and instructions)

of the Commissionconcerning nuclear reactor safety of which it

is notified in writing by the Contracting Officer.

3. Prior to the initial start-up of any nuclear reactor under this

contract and prior to any subsequent start-up following a change

which .represents a significant deviation from the procedures,

equipment, or analyses described in the Safety Analysis Report

for that reactor, the Contractor shall:

a. Prepare a Safety Analysis Report and detailed plans and

L

-87-
dcati

Contract AT(2-)-l)

procedures designed to assure the safe operation and

maintenance of the reactor. These will generally cover,

but not be limited to: prestart-up check lists; normal

operation of the reactor and supporting auxiliaries; maintenance operation; emergency situations; and technical

standards for equipment and systems.

b. Establish nuclear safery control procedures to be used within the contractor's organization to insure appropriate review

and internal approval of the detailed plans and procedures

specified in a. above.

C. Submit to the Contracting Officer for his approval such

procedures relating to nuclear safety as may be designated

by him.

d. Carry out a training program designed to assure that all

personnel who will be engaged in the operations or maintenance of a nuclear reactor understand the approved plans

and procedures for nuclear safety pertinent to their assignments.

e. Obtain the approval of the Contracting Officer prior to such

start-up of the reactor.

• 4. In the operation and maintenance of any nuclear reactor under

• this contract, the Contractor shall:

• -88-

4
Modification No. 104

Contract AT(29-1)-l106

Use all reasonable efforts to assure that all operational

and maintenance activities are performed by qualified and

adequately trained personnel and, except as otherwise

agreed in writing, are conducted under the supervision of

personnel who are qualified to appraise any emergency condition and take prompt effective action with respect thereto.

b. Operate the reactors within the operating limits which may

be prescribed by the Contracting Officer. The Contracting

Officer will consult with the Contractor in formulating and

revising such operating limits.

c. Follow strictly the procedures relating to nuclear safety

approved by the Contracting Officer as specified in 3. c. above

and submit to the Contracting Officer for his approval any

proposed changes in such procedures.

d. Establish a srstem of inspection approved by the Contracting

Officer (including review of inspection reports by competent

technical personnel) that will (i) provide frequent and periodic

checks of reactor performance and of the qualifications and

training of operating and maintenance personnel and (ii)

provide for investigation of any unusual or unpredicted

reactor conditions that might affect the safe operation of

the reactor.

-89-
- •

Modification No. 104

Contract AT(29-1)-1106

e. Report promptly to the Contracting Officer any change in

the physical condition of the reactor or its operating

characteristics that might in the judgment of the Contractor

affect the safe operation of the reactor.

f. Shut down the reactor immediately whenever so instructed

by the Contracting Officer or whenever, in the judgment

of the Contractor, the risk of a nuclear incident endangering

persons or property warrants such action.

g. Prepare in cooperation with other services and facilities

• available at the site and with the approval of the Contracting Officer, a plan for minimizing the effects of a

nuclear incident upon the health and safety of all persons

on the site; cooperate with the Contracting Officer in his

preparation of.a plan to protect the public off the site;

instruct its pe±sonnel as to their participation in such plans

and any personal risk to such personnel that may be

involved; and participate in such practice exercises as may

be desirable to assure the effectiveness of such plans.

ARTICLE XXXIX - INTERPRETATION OF THIS MODIFICATION

Nothing contained in this Supplemental Agreement shall be deemed to have

application to any matters pertaining to the performance of Contract

AT(29-l)-llO6 during the contract period from January 18, 1951, through

-90-
Modificatjor

Contract AT(29-L)-J

June 30, 1967, it being understood that the rights of the

such matters during that period shall be determined solely in accordance

with the provisions of Contract AT(29-l)-llO6as it existed at the time

the rights arose. The rights of the parties pertaining to the performance

of Contract AT(29-.l)--l106 during the contract period commencing July 1,

1967, shall be determined solely in accordance with the terms of the

contract as it is embodied in this Supplemental Agreement, or as the

contract may be hereafter amended, without reference to, and without

giving interpretative weight to, any provisions of the contract covering

periods prior to July 1, 1967. Any adoption by the parties in this

Supplemental Agreement of a different form, or any omission of

provisions contained in previous contractual documents or addition

of provisions not there contained, shall not be construed so that the

determination of any of the rights of the parties under this Supplemental

Agreement or the prior contractual documents is affected by reason of

such omissions or additions, or the adoption of t1 different form.

All directives, interpretations, and instructions heretofore transmitted

to the Contractor by the Commission shall continue to be effective

(except to the extent that the Contractor in any particular case is specifically advised to the contrary in writing) with respect to the performance

of work under the contract after June 30, 1967.

:'.. : . ..
—92-

Modification No

Contract AT(29—l)-llO6

IN WITNESS WHEREOF, the parties hereto have executed thIs

Supplemental Agreement in several counterparts.

THE UNITED STATES OF AMERICA

BY: U. S.

DATE: 3 0 BY:

L P C-ie, Mcnctcer

T)rrC1OflS Qifice

• Cortrc01fl Ci1cer

• THE DOW CHEMICA COMPANY

DATE: JUL 7 1967 BY:_______________________

E: /e' 4q

• - CORPORATE CERTIFICATE

I, Calvin A. Campbell , certify that I am the__Secretary

• of the corporation named as Contractor herein;

that — A. P. Beutel. - who signed this Supplemental

Agreement on behalf of said corporation was then Vice President

of said corporation; that this Supplemental Agreement was duly signed for

and in behalf of said corporation by authority of its governing body and is

within the scope of its corporate powers; and that I have set my hand and

the seal of the said corporation hereto on this 7th_ day of

Ju lv 19

1;;::i

• •

• Calvin A. Campbell, Secretar"

(SEAL). • •1
APPENDIX A

CONTRACT AT(29-1)-1106

THE DOW CHEMICAL COMPANY

MODIFICATION NO. 104

TABLE OF_CN_TENTS

Page No.

Preamble

PART I - GENERAL PROVISIONS

Section A Recruitment and Help-Wanted Advertising

Section B Training

Section C Educational Assistance Program for Degree

Candidates

* Section D Teaching or Research at Educational Institutions

PART II - EXEMPT AND NONEXEMPT SALARIED EMPLOYEES

Section A Coverage

Section if Job Classifications (Positions) and Salary Ranges

Section C Adjustment of Salary Ranges

Hiring Rates

Section E Salary Increase Fund (Exempt Employees)

Section F Salary Increase Fund (Nonexempt Employees)

Section G Pay Increases for Salaried Employees Resulting

from Promotions and Job Reevaluations 21

*Revised by R. A. #57 to Mod. 104

Effective May 1, 1970

14 POLICIES, WAGE AND SALARY SCHEDULES

)RTATION, TRAVEL AND LIVING EXPENSES

AND RELATED POLICIES

.

1

1

14

11

Section D

12

12

16

16

17

20
Section

Section I

Section J

Section K

Section L

Section M

Section N

Section 0

Section p

Section Q

Section R

Section S

Section T

Section U

Section V

Section W

Section X

Section Y

Contract AT(29..l)-l106

Page No.

Progression Increases 21

Cash Awards

Computation of Salary for Partial Pay Period

Shift Premium

Requirements for Contracting Officer Approval

Respecting Overtime

Computation of Overtime Pay

Holidays

Vacation Leave

Sick Leave

Excused Absence

Funeral Leave

Military Service, Military Training and Peace

Corps Service

Separation Pay

Jury Duty and Service as a Witness

Voting Time

Summer Employment Program

Overtime Meals

Special Benefits for Certain Advanced Systems

Group ("Model Shop") Employees

24

27

28

29

32

35

37

41

42

43

44

46

48

48

49

51

51
Section Z

SectionAA

* Section BB

PART III -ALL OTHER EMPLOYEES

Labor Relations

Hourly-Paid Production and Maintenance

Employees

Hourly-Paid Plant Protection Employees

Requirements for Contracting Officer Approval

Respecting Overtime

PART IVMISCELLANEOUS BENEFITS - ALL EMPLOYEES

Section A

Section B

Section C

Section D

Section E

Section F

Section G

Section H

Section J

Section K

*RevisedbyR.A. #65, Mod. 104

Effective October l 1970

Contract A2(29..1)-.1106

Page No

Special Provisions for Category J Employees 52

Supplied Air Premium Pay

Cooperative Employment Program

Section A

Section B

Section C

Section D

54a

54a

55

57

57

58

Coverage

Recreation and Morale Benefits

Medical Facilities

Medical Examination

Plant Newspaper

Meetings and Recognition Functions

Business Luncheons

Length of Service Awards

Community Activities

Open House Activities

59

59

60

60

61

61

62

63

63a

63a
Section A

Section B

Section C

Section D

Section E

Section F

Section G

Section A

Section B

Schedule I

PART V - TRAVEL AND SUBSISTENCE EXPENSES:

RELOCATION EXPENSES

General Provisions Applicable to Each Section of

This Part IT

Official Travel in Performance of the Contract Work

Travel Performed in Connection with Employment

Interviews

Relocation Costs--All Individuals Recruited for

Work Under This Contract and All Employees Except

Those Covered by Section E

Relocation Costs -- Transferred Exempt Employees

Temporary Assignment

Relocation Costs -- Terminated Employees

PART VI - INSURANCE AND PENSIONS

Group Insurance

Pension an4 Profit Sharing Plan

S CHEDULES

Part A - Classification and Evaluation Points for

Executive, Administrative & Professional

Employees

Part B - Schedule of Monthly Salary Ranges for

Nonexempt Salaried Classifications

Labor Agreement

Overtime Chart

Pension and Profit Sharing Plan

Labor Agreement

64

66

66

67

69

77

78

82

83

I

Contract AT(2-1)-UO6

Page No. :1

.

1

Schedule U

Schedule III

Schedule IV

Schedule V

8

12

13

14
Labor Agreement

Rates of Pay for Hourly Paid Production and Maintenance Employees During the Period

June 28, 1970 through September 7, 197.0

Overtime Chart

The Dow Chemical Company Employees'.

Retirement Plan.

Labor Agreement

Schedule II

Schedule UA

Schedule III

Schedule IV

Schedule V

12c.

13

14

15
APPENDIX A

CONTRACT AT(z9-l)-l-106

.., DOW CHEMICAtNY

MODIFICATION rio 104

PERSONNEL POLICIES

WAGE & SALARY SCHEDULES

TATIO, TRAVEL AND LIVING: EXPENSES AND

RELATED POLICIES

idix A sets forth the policies, programs and schedules which

i the basis for determining the allowability of employee cornpt_ Ion, travel and other personnel costs. incurred by the Contractor

in performance of the work under Contract AT(29—l)-1l06. Such costs

are unallowable unless incurred in accordance with this Appendix A,

as it may be amended from time to time.

Amendments of this Appendix A shall be made by Reimbursement

Authorizations signed by the parties.

—1—

L.
..Help- Wanted Advertising

enses incurred for the recruitment of personnel for

ithis contract, including but not limited to (i) help-wanted

in newspapers, trade journals and other media, and

es of employment agencies at rates not in excess of standard

'cial rates, shall be allowable costs

Reasonable costs of training programs are allowable, as required

to increase employee skills and efficiency and to develop techniques for solution of operating problems and to prepare

participating employees for increased responsibility. Training

programs may include orientation, job training, supervisory

training, and executive development. Special education and

training courses in excess of two weeks and research assignments

calling for attendance at educational institutions during the employees scheduled work period shall require the prior written approval

of the Contracting Officer.

- 1 - Appendix A

Part I

Contract AT(29-l)-1106

'T I - GENERAL PROVISIONS
RevisedbyR.A. No. 86 to Mod. 104 Effective October 4, 1971 -2-

Appendix A

Part I

2.

Contract AT(29-1)-1106

(

.

o

Employees may be refunded a portion of tuition costs for courses

subject to the following conditions:

a. Courses are taken outside of working hours.

b. The courses are:

(1) Directly related to the individual employee's current

position or to a position to which he can reasonably

aspire; or

(2) Required for attainment of a high school diploma;

or - (3) Required for completion of the approved curriculum

developed for the particular employee leading to a

degree directly related to the employee's current

position or to a position to which he can reasonably

aspire. Courses not directly related to the employee's

current position or to a position to which he can reasonably aspire may be authorized and qualify for the refund

if they are required or are qualifying electives in the

curriculum developed for the particular employee

leading to a degree so directly related.
* (4)

Contract AT(29-1)-l106

Refresher programs and/or qualifying examinations

taken for the purpose of obtaining professional

certification or licensing in a discipline that directly

relates to the employee's current position or to a

position to which he can. reasonably aspire.

c. Employees shall be full-time employees who have completed

six months' employment with the Contractor at the Rocky

Flats Plant prior to the beginning of the course.

d. Each course shall be approved by the supervisory

representative or his designee(s).

e. Courses are taken by attendance at or correspondence

with a Contractor approved school, college, university

or similar institution.

* f. Employees eceiving educational assistance under any

Federal educational assistance program shall be eligible

for refund of a portion of those costs incurred in excess

of any assistance so received.

* g. The following costs and expenses only shall be eligible

for refund: tuition, laboratory fees and other fees charged

for enrollment of the employee in courses, the aggregate

*Revised by R.A. #86 to Mod. 104

Effective October 4, 1971 -3-

Appendix A

Part I

.

.
Contract AT(29-1)-1106

credit hours of which do not exceed 21 semester hours

or 3.2 quarter hours in any fiscal year.

The amount refunded to be payable upon the receipt of

required certification as to grade received shall not

exceed ninety percent of the eligible cost and expenses

paid by an employee for enrollment in each course

respecting which the employee submits a certification

from the institution that the employee received a grade

of ttAtl, "B", "C", "Excellent", "Satisfactory", or 70%

or higher if a numerical grade is given.

C. Educational Assistance Program for Degree Candidates

1. Adjustment of Work Schedules

Under certain conditions, the work schedules of employees may be

adjusted in order for them to obtain course work that is not available

to them after working hours. Three major considerations will

generally be used to appraise individual situations:

a. To what extent would rescheduling the employee's work

hours affect operations of the department.?

b. How will the additional education help the man with his

personal development?

* Revised by R.A. #86 to Mod. 104 Appendix A

Effective October 4, 1971 4 - Part I

*h.
Contract AT(29-l)-].106

How will it help him with respect to his work for Dow at

Rocky Flats2

Work schedules should be adjusted so that employees continue

working on a full-time basis if possible.

2. Educational Leave of Absence Without Pay

a. A request for an educational leave of absence without pay

shall be recommended by the employee's supervisor and

the employee's department head and have the approval of

the Supervising Representative or his designee(s). This

recommendation will include a statement of the willingness

on the part of the-department head to reemploy, or the

willingness of another department head to reemploy where

the other department would be able to make better use of

the employee's talents on reemployment.

b. The employee shall.have at least two full years of fulltime employment by the Contractor at the Rocky Flats

Plant prior to the inception of the leave of absence.

c. The leave shall not exceed a maximum ot two years.

*d. The employee shall be within two years of attaining

his Bachelor's, Master's or Doctor's degree at the

inception of the leave of absence.

e. For the benefit of both the employee and the Contractor,

the employee will take the usual physical examination

upon returning to work with the Contractor.

*Revisedby R.A. 55, Mod. 104

Effective July 1, 1970 - 5 -

L

.

.

Appendix A

Part I