Attach_G_Model_Cooperative_Agreement.docx

Recipient Name D26AC00XXX-00 The Model Cooperative Agreement attachment does not need to be completed or submitted as part of your proposal submission. DARPA uses the Cooperative Agreement template during award negotiation for selected proposals. This is a reference document.

AGENT NAME

Interior Business Center Acquisition Services Directorate

Agent for:

Defense Advanced Research Projects Agency (DARPA)

RESEARCH COOPERATIVE AGREEMENT SCHEDULE CONTINUATION PAGE(S)

Identification Numbers:

Tax Identification Number (TIN): X

Unique Entity Identifier (UEI): X

Office of Postsecondary Education Identification Number (OPE ID): X

ASAP Recipient Number: X

Defense Advanced Research Projects Agency (DARPA) Funding Document#: HR00X

Indirect Cost Rate: [Effective Period covering FA PoP] [%] (IDC Type)

1. Statement of Work: The research to be accomplished identified in the Recipient’s Statement of Work and is incorporated in full text as part of this Cooperative Agreement. The cost proposal entitled “Enter Project Title” dated MM/DD/YYYY, submitted in response to Research Announcement DARPARAXXXX, is incorporated herein by reference.

2. Points of Contact:

Attention: Name Last Name Email: Email Address Submit Reports to: Email Address

Acquisition Services Directorate

Attention: Name Last Name Email: Email Address Submit Reports to: Email Address

Attention: Name Last Name Email: Email Address Phone: Phone Number

d. DARPA Program Manager (PM): Defense Advanced Research Projects Agency (DARPA) Defense Sciences Office (DSO) 675 North Randolph Street Arlington, VA 22203-2114

Attention: Name Last Name Email: Email Address Phone: Phone Number

3. Delegation of Administrative Duties: Department of the Interior/Interior Business Center (DOI/IBC) and the Office of Naval Research (ONR). See Article 16 of Exhibit A for the administration duties delegated to ONR. The cognizant ONR Regional Office that will perform the delegated duties is identified below:

ONR Regional Offices DoDAAC: N62879 DSM module of PIEE: Information about DSM can be found at https://www.onr.navy.mil/work-with-us/manage-your-award/manage-grant-award#dsm

4. Period of Performance Profile:

5. Funding: The following funds are allotted to this Cooperative Agreement:

6. Appropriation Data: Pursuant to this action:

G/L Account:

Business Area:

Commitment Item:

Cost Center:

Functional Area:

Fund:

Fund Center:

Project/WBS:

7. Substantial Involvement: Substantial involvement is expected between the U. S. Government and the Recipient when carrying out the activity contemplated in this Agreement. Therefore, a cooperative agreement is being requested for this effort. It will include the U.S. Government’s (a) retaining the right to share the responsibility for the management, control, direction, or performance of the project, and (b) retaining the right to intervene in the conduct or performance of the project. The substantial involvement will include the U.S. Government's direction of activities to develop the research protocols necessary to complete the work and the approval of analysis mechanisms. The U.S. Government will monitor scientific progress towards milestones monthly until the completion of the project. The U.S. Government will intervene as needed in order to mitigate risks associated with performance delays or funding. The DARPA Program Manager has determined that the effort will require substantial involvement to ensure the performance of the activities as outlined in the proposed statement of work. Substantial involvement for this effort will include:

8. Terms and Conditions: This Cooperative Agreement is subject to General Terms and Conditions for Cooperative Agreements set forth in the attached Exhibit A and to any Special Terms and Conditions contained in Item 12 of this Research Cooperative Agreement Schedule.

9. Acceptance of Cooperative Agreement: Acceptance of this Cooperative Agreement is pursuant to Article 14 of Exhibit A. The Recipient is not required to countersign the Cooperative Agreement document; however, the Recipient agrees to the conditions specified in the Research Cooperative Agreement Schedule and the Articles herein unless notice of disagreement is furnished to the Financial Assistance Officer within 15 calendar days after the date of the Financial Assistance Officer’s signature. In case of disagreement, the Recipient shall not assess the Cooperative Agreement of any costs of the research unless and until such disagreement(s) is/are resolved.

10. Payments: Payments will be made in accordance with Article 3 of Exhibit A.

11. Reporting Requirements: Performance, Financial and Final Reporting shall be submitted in DARPA’s Vault located at https://darpa.okta.com with a copy sent to AQDDARPA-FA@ibc.doi.gov and the assigned AOR and ONR regional office.

The following reports shall be submitted and will become due on the dates as shown below:

Base Period

A distinct summary of the U.S. Person Graduate Student’s accomplishments and highlights shall be submitted within the following reports, as provided in the reporting template(s).

09/30, 12/31, 3/31, 06/30

09/30, 12/31, 3/31, 06/30

Annual Federal Financial Report

(SF-425)

Within 90 days of the end of each annual period:

08/31/XXXX & 08/31/XXXX

Due by 12/29/XXXX

Final Federal Financial Report*

(SF-425)

Within 120 days of the end of the period of performance:

Due by 12/29/XXXX

Final Property Report* (SF-428 Cover Page, SF-428-B and if applicable, SF-428-S) Within 120 days of the end of the period of performance:

Due by 12/29/XXXX

Final Invention Report* (DD Form 882) Within 120 days of the end of the period of performance.

Due by 12/29/XXXX

*Final Reports are due if Director’s Fellowship Option is not implemented.

If the Director’s Fellowship Option is implemented, the following reports shall be submitted and will become due on the dates as shown below:

09/30, 12/31, 3/31, 06/30

09/30, 12/31, 3/31, 06/30

Annual Federal Financial Report

(SF 425)

Within 90 days of the end of each annual period ending: 08/31/XXXX

Final Federal Financial Report

(SF 425)

Within 120 days of the end of the period of performance: Due by 12/29/XXXX

Final Property Report (SF-428 Cover Page, SF-428-B and if applicable, SF-428-S) Within 120 days of the end of the period of performance: Due by 12/29/XXXX

Final Invention Report (DD Form 882) Within 120 days of the end of the period of performance: Due by 12/29/XXXX

Submit reports to the following:

(see Item 2, Points of Contact)

(see Item 2, Points of Contact)

Final Technical Report ATTN: Defense Technical Information Center 8725 John J. Kingman Road Ft. Belvoir, VA 22060-6218

Final Patent Report https://public.era.nih.gov/iedison (see Exhibit A, Article 8. Intellectual Property Matters)

12. Funding Increments and Options:

a. The Government's share for full performance of this award for the Base Period is $XXX,XXX.XX. Of this amount, only $XXX,XXX.XX is currently allotted and available for payment. In no event is the Government obligated to reimburse the Recipient for expenditures in excess of the total funds allotted by the Government to this award. The Government anticipates that from time to time additional amounts will be allotted to this award by unilateral amendment, until the Government share is fully funded.

b. The Recipient shall notify the AQD Financial Assistance Officer in writing whenever expenditures, including anticipated expenditures over the next 60 days, are expected to exceed 75% of the amount allotted (including the Recipient's cost share, if applicable). If additional funds are not allotted, after proper notification, the parties agree this award will be terminated.

c. The Recipient is not obligated to continue performance or otherwise incur costs in excess of the current amount allotted (including the Recipient's cost share, if applicable). When the amount allotted is increased, expenditures incurred to the date of increase shall be allowable to the same extent as if incurred after award, unless the Financial Assistance Officer issues a termination or other notice and directs that the increase in allotment is solely to cover termination or other specified expenses.

d. The Recipient is advised that the Government’s obligation to provide funding for the Director’s Fellowship Option included in the Cooperative Agreement is contingent upon (i) satisfactory performance and (ii) the availability of funds. Accordingly, no legal liability on the part of the Government exists unless or until (i) funds are made available to the Government and notice of such availability is confirmed in writing to the Recipient and (ii) performance of the research is deemed satisfactory in the judgment of the Financial Assistance Officer.

13. Special Terms and Conditions:

a. This research DOES NOT require the use of Human Subjects.

b. This research DOES NOT require the use of Animal Subjects.

c. This research DOES NOT have restricted Data Rights.

d. Title to Cooperative Agreement-purchased Tangible Personal Property (Equipment): In accordance with 2 CFR 200.313, title to tangible personal property acquired under this Federal award vests upon acquisition with the recipient and title is conditional as it is subject to the use of the tangible personal property for authorized purposes of the project during the period of performance or until the property is no longer needed for the purposes of the project.

For this Cooperative Agreement and specific to recipients who are institutions of higher education, the Cooperative Agreement program’s statutory authority does not provide the authority to unconditionally pass title of tangible personal property to the recipient without further obligation to the federal government. Therefore, this term and condition provides the federal awarding agency’s discretionary election to pass title of Cooperative Agreement-acquired equipment to the recipient without further obligation to the federal government contingent upon the recipient’s submission of an acceptable final property report (SF-428 Cover Page, SF-428-B, and SF-428-S). On the SF-428-B, the recipient must select for Item #1. Report, option “b. Acquired Equipment…” and for Item #2b. Acquired Equipment, option “(i) Request unconditional transfer of title with no further obligation to the Federal Government.”

e. Failure of the academic or non-profit research performer or recipient to reasonably exercise due diligence to discover or ensure that neither it nor any of its Senior/Key Research Personnel involved in the subject award are participating in a Foreign Government Talent Program or have a Foreign Component with an a strategic competitor or country with a history of targeting U.S. technology for unauthorized transfer may result in the Government exercising remedies in accordance with federal law and regulation.

a. If, at any time, during performance of this research award, the academic or non-profit research performer or recipient should learn that it, its Senior/Key Research Personnel, or applicable team members or subtier performers on this award are or are believed to be participants in a Foreign Government Talent Program or have Foreign Components with a strategic competitor or country with a history of targeting U.S. technology for unauthorized transfer , the performer or recipient will notify the Government Contracting Officer or Agreements Officer within 5 business days.

1. This disclosure must include specific information as to the personnel involved and the nature of the situation and relationship. The Government will have 30 business days to review this information and conduct any necessary fact-finding or discussion with the performer or recipient.

2. The Government’s timely determination and response to this disclosure may range anywhere from acceptance, to mitigation, to termination of this award at the Government’s discretion.

3. If the University receives no response from the Government to its disclosure within 30 business days, it may presume that the Government has determined the disclosure does not represent a threat.

b. The performer or recipient must flow down this provision to any subtier contracts or agreements involving direct participation in the performance of the research.

THIS ACTION IS MADE ON BEHALF OF A DoW CUSTOMER UTILIZING DoW FUNDS.

EXHIBIT A

March 2025

AGENCY SPECIFIC TERMS AND CONDITIONS

This award is subject to the DoD Research and Development (R&D) general terms and conditions, which can be found at Awards Terms and Conditions | Office of Naval Research (navy.mil) under the header “DoD Research and Development General Terms and Conditions,” dated March 2025 and are incorporated herein. The Agency Specific Terms and Conditions supplement the DoD Research and Development general terms and conditions. This document addresses agency-specific concerns in addition to the above referenced regulations. Award recipients (hereafter, recipient) are accountable for all applicable statutory and regulatory requirements that govern these awards, even if not specifically listed in this document or documents referenced herein.

ORDER OF PRECEDENCE

Any inconsistencies in the requirements of this award shall be resolved in the following order:

· Federal statutes

· Federal regulations

· 2 CFR part 200, as modified and supplemented by DoD's implementation found in 2 CFR part 1104

· Award-specific terms and conditions (Agency Specific terms and conditions)

· DoD Research and Development general terms and conditions

In case of disagreement with any requirements of this award, the Recipient shall contact the Agreements Officer listed in the award document in order to resolve the issue. The Recipient shall not assess any costs to the award or accept any payments until the issue is resolved.

1. Research Responsibility

2. Amendment of Awards

3. Payments and Refund

4. Prior Approvals

5. Reports and Reports Distribution

6. Public Release or Dissemination of Information

7. Acknowledgment of Sponsorship

8. Intellectual Property Matters

9. Activities Abroad

10. Security

11. Research Involving Recombinant DNA Molecules

12. Restrictions on Printing

13. Prohibition on Awarding to Entities that Require Certain Internal Confidentiality Agreements

14. Acceptance and Amendment of Awards

15. Live Organisms – Human and Animal Subjects

16. Delegation of Administrative Duties

17. Rights in Technical Data, Computer Software, and Copyright

18. Changes in Performance Period

19. Conflicts of Interest

20. Data Availability

1) Research Responsibility:

a) The Recipient has full responsibility for the conduct of the research activity supported by this Award, in accordance with the Recipient's proposal, and the terms and conditions specified in this Awards. Recipients are encouraged to suggest or propose to discontinue or modify unpromising lines of investigation or to explore interesting leads which may appear during the development of the research. However, they must consult the Agreement Officer’s Representative (AOR) through the Agreement Officer (AO) before significantly deviating from the objectives or overall program of the research originally proposed.

b) The Recipient shall immediately notify the Agreement Officer of developments that have a significant impact on the award-supported activities. Also, notification shall be given in the case of problems, delays, or adverse conditions which materially impair the ability to meet the objectives of the award. This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation.

2) Amendment of Awards: The only method by which this Awards can be amended is by a formal, written amendment signed by the Agreements Officer. No other communications, whether oral or in writing, shall modify this Awards.

3) Payments:

a) Requests for payment for this effort shall be submitted through the Department of the Treasury’s Automated Standard Application for Payments (ASAP) system. Once the Government has submitted a completed ASAP Participation Request forms to ASAP, Recipient will receive an e-mail with further instructions from ASAP.

The recipient organization can use on-line process to request payments. Payment requests are approved or rejected automatically unless placed on review or based on the amount of available funds in the ASAP account. The available balance for an ASAP account is displayed when initiating the payment request.

Recipient organizations will receive immediate notification of approval or rejection for all on-line payment requests with the exception of those subject to review. The timing and amount of cash advances shall be as close as is administratively feasible to the Recipient’s actual disbursements for direct program costs and the proportionate share of any allowable indirect costs.

b) The Recipient must be paid in advance, provided they comply with the requirements of 2 CFR 200.305(b)(1).

c) Reimbursement is the preferred method when the requirements for advance payment cannot be met.

d) Liquidation. The Recipient shall liquidate all obligations incurred under the Awards no later than 90 days after the date of completion. The Recipient shall promptly refund any balances of unobligated cash that the Government has advanced or paid and that is not authorized to be retained by the Recipient for use in other projects. The Agreements Officer is authorized to make a settlement for any upward or downward adjustments to the Federal share of costs after closeout reports are received.

Prior Approvals: In addition to the prior approvals required by the DoD R&D general terms and conditions, prior written approval is required for the following actions:

The subaward, transfer, or contracting out of any work under this award, unless described in the Recipient’s proposal and specifically approved and funded in the Awards Schedule. The Recipient's request for approval shall include the following supporting data:

(i) Basis for contractor selection.

(ii) Justification for lack of competition when competitive bids or offers are not obtained.

(iii) Basis for award cost or price, to include price or cost analysis performed by the Recipient; and

(iv) Approval of the AOR.

e) Refund. As the U.S. Department of the Interior, Interior Business Center (IBC) is the Federal Awarding Agency for this financial assistance award, if a recipient must send a refund (return funds from an award already drawn), the recipient must first notify your IBC Agreements Officer and Cooperative Agreement Administrator found in the Award and subsequent amendments. In the notification, the recipient should include:

1. Award Number

2. Funding Line Item(s) and amount for each line item to be refunded

3. Detailed explanation for the refund

4. Recipient Point of Contact Name and Email Address.

After receiving the refund notification, the IBC sends the recipient’s point of contact a Bill of Collection which will include instructions on how the recipient can submit the refund payment electronically through the U.S. Department of the Treasury’s https://www.pay.gov.

4) Reports: Reports shall be furnished as specified in the Awards. Report types & descriptions include:

1) R&D Progress & Status Report - This report is due as specified in the Awards and shall keep the Government informed of Recipient activity and progress toward accomplishment of Awards objectives and advancement in state-of-the-art on the research and development involved.

2) Financial Management Report - This report is due as specified in the Awards and shall be quarterly expenditure report that documents cumulative spending and provides a schedule of tasks and events for each report period, with financial expenditures broken down by task.

3) Annual Technical Report - This report is due as specified in the Awards, shall document the results of the complete effort. It shall contain brief information on each of the following:

1. A comparison of actual accomplishments with the goals and objectives established for the Awards, the findings of the investigator, or both.

2. Reasons why established goals were not met, if appropriate.

3. Other pertinent information

4) Special Technical Report - This report, due as required, shall document the results of a significant task, test, event, or symposium.

5) Final Technical Report - This report, due 120 calendar days after expiration or termination of the Awards, shall document the results of the complete effort. It shall contain brief information on each of the following:

a) A comparison of actual accomplishments with the goals and objectives established for the Awards, the findings of the investigator, or both.

b) Reasons why established goals were not met, if appropriate.

c) Other pertinent information.

6) Financial Status Report- shall be submitted on a Standard Form 425 “Federal Financial Report (FFR)” as follows.

a) Interim Status Report – This report is due within 30 calendar days of the end of the interim reporting period (annually). The report shall be on a cash or accrual basis, depending on how the Recipient’s accounting records are normally kept.

b) Final Financial Status Report - This report is due 120 calendar days after completion of the Awards. The report shall be on a cash or accrual basis, depending on how the Recipient’s accounting records are normally kept.

c) Final Property Report – shall be submitted on a Standard Form 428 “Tangible Property Report” consisting of the SF-428, SF-428B, and SF-428C along with Supplemental Sheet (if applicable) due 120 calendar days after completion of the Agreement.

d) Final Patent Report – This report is due 120 calendar days after completion of the Agreement.

6) Public Release or Dissemination of Information:

a) At this time, the Government expects the work performed under this Awards to be fundamental research, and it is, therefore, not subject to publication restrictions. Papers resulting from unclassified contracted fundamental research are exempt from prepublication controls and requirements, pursuant to DoD Instruction 5230.27 dated November 18, 2016, except as required, by applicable Federal statutes, regulations, or Executive orders.

b) All papers resulting from this Awards will include, unless otherwise required, the following distribution statement: “Approved for public release; distribution is unlimited.”

c) Should the character of the research change during Awards performance so that the research is no longer considered fundamental, the Awards will be modified to impose the restrictions on public release and dissemination of information that apply to those research efforts that are not considered fundamental research.

7) Acknowledgment of Sponsorship:

a) The Recipient agrees that in the release of information relating to this Awards, such release shall include a statement to the effect that (1) the project or effort depicted was or is sponsored by the Defense Advanced Research Projects Agency, (2) the content of the information does not necessarily reflect the position or the policy of the Government, and (3) no official endorsement should be inferred.

b) For the purpose of this article, information includes news releases, articles, manuscripts, brochures, advertisements, still and motion pictures, speeches, trade association proceedings, symposia, etc.

c) Nothing in the foregoing shall affect compliance with the requirements of the clause entitled "Security."

8) Intellectual Property Matters: Questions regarding intellectual property matters should be referred to the Agreements Officer (AO). All patent reports (interim and final) shall be submitted using the i-Edison.gov reporting website. In the event the Recipient is unable to submit reports through i-Edison, the Recipient may utilize DD Form 882, Report of Inventions and Subcontracts, for submission of interim and final invention reports. The DD Form 882 and all invention disclosures shall be submitted to the AO for proper disposition no later than 120 days after the end of the period of performance.

9) Activities Abroad: The Recipient shall assure that project activities carried on outside the United States are coordinated as necessary with appropriate Government authorities and that appropriate licenses, permits, or approvals are obtained prior to undertaking proposed activities. The awarding agency does not assume responsibility for Recipient compliance with the laws and regulations of the country in which the activities are to be conducted.

10) Security: The Recipient may not be granted access to classified information under this Awards. If security restrictions should happen to apply to certain aspects of the proposed research, the Recipient shall be so informed. In the event that the scientific work under this Awards may need classification or involve access to or storage of any classified data, the Government shall make its decision on the need to classify, or require such access or storage, within 30 days after receipt of written notice from the Recipient. If the decision is affirmative, the Government shall invoke the clause in reference to the “Termination” proceedings in the DoD R&D general terms and conditions.

11) Research Involving Recombinant DNA Molecules: Any Recipient performing research involving recombinant DNA molecules and/or organisms and viruses containing recombinant DNA molecules agrees, by acceptance of this award, to comply with the National Institutes of Health “Guidelines for Research Involving Recombinant DNA Molecules,” July 5, 1994 (59 FR 34496) as amended, or such later revision of those guidelines as may be published in the Federal Register.

12) Restrictions on Printing: Unless otherwise authorized in writing by the AO, reports, data, or other written material produced using funds provided by this Awards and submitted hereunder shall be reproduced only by duplicating processes and shall not exceed 5,000 single page reports or a total of 25,000 pages of a multiple page report. These restrictions do not preclude the writing, editing, and preparation of manuscript or reproducible copy of related illustrative materials if required as a part of this Awards, or incidental printing such as forms or materials necessary to be used by the Recipient to respond to the terms of the Awards. To satisfy the requirements of the Defense Technical Information Center, at least one copy of each technical report submitted to the Defense Technical Information Center must be black typing or reproduction of black on white paper or suitable for reproduction by photographic techniques. Reprints of published technical articles are not within the scope of this paragraph.

In accordance with Executive Order 12873, dated October 20, 1993, as amended by Executive Order 12995, dated March 25, 1996, the Recipient is encouraged to submit paper documents, such as letters or reports, that are printed/copied double-sided on recycled paper that has at least 30 percent postconsumer material.

13) Prohibition on Awarding to Entities that Require Certain Internal Confidentiality Agreements:

a) The Recipient shall not require employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

b) The Recipient must notify its employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (a) of this award provision are no longer in effect.

c) The prohibition in paragraph (a) of this award provision does not contravene requirements applicable to any form issued by a federal department or agency governing the nondisclosure of classified information.

d) If the Government determines that the Recipient is not in compliance with this award provision, it:

1) Will prohibit the Recipient’s use of any funds under this award, in accordance with Federal appropriations law; and

2) May pursue other remedies available for the Recipient’s material failure to comply with award terms and conditions.

14) Acceptance and Amendment of Awards:

1) The only method by which this Awards can be amended is by a formal, written amendment signed by the Agreements Officer. No other communications, whether oral or in writing, are valid.

2) The Recipient is not required to countersign the Awards document; however, the Recipient agrees to the conditions specified in the Research Awards Schedule and the Articles herein unless notice of disagreement is furnished to the Agreements Officer within 15 calendar days after the date of the Agreements Officer’s signature.

In case of disagreement, the Recipient shall not assess the Awards of any costs of the research unless and until such disagreement(s) is/are resolved.

15) Live Organisms – Human and Animal Subjects:

a) Human Subjects. Awards funds may NOT be used for research that uses uninformed or nonvoluntary humans as experimental subjects. The Recipient is responsible for the protection of the rights and welfare of any human subjects involved in research, development, and related activities supported by this Awards. The Recipient agrees to comply with the Common Federal Policy for the Protection of Human Subjects, codified by the Department of Health and Human Services at 45 CFR part 46 implemented by the Department of Defense at 32 CFR part 219.

Department of the Interior/Interior Business Center (DOI/IBC) collaborates with the Institutional Review Board (IRB) and the U. S. Army Medical Research and Materiel Command (USAMRMC) for Second- Level review. No work can be performed on human subjects without a Second-Level review and approval.

b) Animal Welfare. The Recipient shall register its research, development, test, and evaluation or training facility with the Secretary of Agriculture in accordance with 7 U.S.C. 2136 and 9 CFR subpart C, and section 2.30, unless otherwise exempt from this requirement by meeting the conditions in 7 U.S.C. 2136 and 9 CFR parts 1 through 4 for the duration of the activity. The Contractor shall have its proposed animal use approved in accordance with Department of Defense Instruction (DoDI) 3216.01, Use of Animals in DoD Programs, by a DoD Component Headquarters Oversight Office. The Contractor shall furnish evidence of such registration and approval to the Agreements Officer before beginning work under this agreement."

DOI/IBC collaborates with Institutional Animal Care and Use Committee (IACUC) for Second- Level review. No work can be performed on animal subjects without a Second-Level review and approval.

The Recipient shall make its animals, and all premises, facilities, vehicles, equipment, and records that support animal care available during business hours and at other times mutually agreeable to the Contractor and the United States Department of Agriculture Office of Animal and Plant Health Inspection Service (USDA/APHIS) representative, personnel representing the DoD component oversight offices, as well as the Agreements Officer, to ascertain that the Contractor is compliant with 7 U.S.C. 2131-2160 and 9 CFR parts 1 through 4.

(1) The Recipient shall acquire animals in accordance with DoDI 3216.01, current at time of award (http://www.dtic.mil/whs/directives/corres/pdf/321601p.pdf).

(2) The Recipient agrees that the care and use of animals will conform with the pertinent laws of the United States, regulations of the Department of Agriculture, and policies and procedures of the Department of Defense (see 7 U.S.C. 2131 et seq., and 9 CFR subchapter A, parts 1 through 4, DoDI 3216.01, Army Regulation 40-33/ SECNAVINST 3900.38C/AFMAN 40- 401(I)/DARPAINST 18/USUHSINST 3203). The Contractor shall also comply with DoDI 1322.24, Medical Readiness Training, if this contract includes acquisition of training.

(3) The Agreements Officer may immediately suspend, in whole or in part, work and further payments under this contract for failure to comply with the requirements of paragraphs

(a) through (c) of this clause.

(1) The suspension will stay in effect until the Recipient complies with the requirements.

(2) Failure to complete corrective action within the time specified by the Agreements Officer may result in termination of this contract and, if applicable, removal of the Contractor's name from the approved vendor list for live animals used in medical training.

The recipient may request registration of its facility by contacting USDA/APHIS/AC, 4700 River Road, Unit 84, Riverdale, MD 20737-1234, or via the APHIS Animal Care website at: http://www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalwelfare.

The Recipient shall include the substance of this clause, including this paragraph in all subcontracts involving research, development, test, and evaluation or training that use live vertebrate animals.

c) In the event a revised technical proposal with human or animal subject research is incorporated under this Awards, Recipient shall obtain all reviews and approvals prior to beginning any testing on humans or animals.

d) This article shall be flowed down to subcontractors, suitably modified to ensure that the recipient fully complies with this article.

16) Delegation of Administrative Duties: The administrative duties listed below have been delegated to the Office of Naval Research (ONR) identified in Item 3 of the Awards Schedule:

a) During performance:

1) Perform government furnished property administration.

2) Receive interim technical, cost/financial and patent reports from Recipient.

3) Review and adjudicate audit findings after receipt of the audit report and ensure that the recipient takes appropriate and timely corrective action, if required.

b) Upon expiration of agreement:

1) Receive final technical, cost/financial and patent reports from Recipient.

2) Obtain final government property report. Perform plant clearance, if required.

3) Assist the awarding Agreements Officer in resolving any questioned costs. Order audit from Department of Health and Human Services (DHHS), if applicable.

4) Perform cost sharing adjustments, if applicable.

5) Assure that all refunds due the Government are received.

6) Complete and submit to the awarding Agreements Officer a Completion Statement for this award.

17) Rights in Technical Data, Computer Software, and Copyright:

(a) Technical Data and Computer Software. Rights are as specified in 2CFR 200.315(d).

(b) Copyright. Rights are as specified in 2CFR 200.315(b).

18) Changes in Performance Period:

Recipient may initiate a one-time extension of the period of performance by up to 12 months unless one or more of the conditions outlined in subparagraphs a.-c. below apply. For one-time extensions, the Recipient must notify the Federal awarding agency in writing with the supporting reasons and revised period of performance at least 30 calendar days before the end of the period of performance specified in the award. This one-time extension may not be exercised merely for the purpose of using unobligated balances.

Extensions require explicit prior Federal awarding agency approval when:

a) The terms and conditions of the award prohibit the extension.

b) The extension requires additional Federal funds.

c) The extension involves any change in the approved objectives or scope of the project.

19) Conflicts of Interest

(a) Applicability.

(1) This section intends to ensure that non-Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements.

(2) In the procurement of supplies, equipment, construction, and services by recipients and by sub recipients, the conflict-of-interest provisions in 2 CFR 200.318(c) apply.

(b) Requirements.

(1) Non-Federal entities must avoid prohibited conflicts of interest, including any significant financial interests that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to a Federal financial assistance agreement.

(2) In addition to any other prohibitions that may apply with respect to conflicts of interest, no key official of an actual or proposed recipient or sub recipient, who is substantially involved in the proposal or project, may have been a former Federal employee who, within the last one (1) year, participated personally and substantially in the evaluation, award, or administration of an award with respect to that recipient or sub recipient or in development of the requirement leading to the funding announcement.

(3) No actual or prospective recipient or sub recipient may solicit, obtain, or use non-public information regarding the evaluation, award, or administration of an award to that recipient or sub recipient or the development of a Federal financial assistance opportunity that may be of competitive interest to that recipient or sub recipient.

(c) Notification.

(1) Non-Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass-through entity in accordance with 2 CFR 200.112, Conflicts of interest.

(2) Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible for notifying the Financial Assistance Officer in writing of any conflicts of interest that may arise during the life of the award, including those that have been reported by sub recipients.

(d) Restrictions on Lobbying. Non-Federal entities are strictly prohibited from using funds under this Awards or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR Part 18 and 31 USC 1352.

(e) Review Procedures. The Financial Assistance Officer will examine each conflict-of-interest disclosure on the basis of its particular facts and the nature of the proposed Awards or cooperative agreement, and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it.

(f) Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the Government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR 200.339, Remedies for Noncompliance, including suspension or debarment (see also 2 CFR Part180).

20) Data Availability

(a) Applicability. The Department of the Interior is committed to basing its decisions on the best available science and providing the American people with enough information to thoughtfully and substantively evaluate the data, methodology, and analysis used by the Department to inform its decisions.

(b) Use of Data. The regulations at 2 CFR 200.315 apply to data produced under a federal award, including the provision that the Federal Government has the right to obtain, reproduce, publish, or otherwise use the data produced under a Federal award as well as authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. See 2 CFR 200.315(d).

(c) Availability of Data. The recipient shall make the data produced under this award and any sub award(s) available to the Government for public release, consistent with applicable law, to allow meaningful third-party evaluation and reproduction of the following:

(i) The scientific data relied upon.

(ii) The analysis relied upon; and

(iii) The methodology, including models, used to gather and analyze data