192 ORGANIZING SCIENTIFIC RESEARCH FOR WAR 



The reimbursement provisions were in the alternative, at the option of 

 the contractor. One alternative provided for the payment to the contractor 

 of a flat sum, payable in monthly installments with a provision that a cer- 

 tain percentage (administratively set at 10 per cent) would be held until 

 the submission by the contractor of the final report. The other alternative 

 provided for the reimbursement of the contractor's actual cost in perform- 

 ing the work called for in the performance clause. The contractor was to 

 be reimbursed monthly upon the submission of public vouchers certified 

 by the contractor and approved by an authorized representative of the 

 Committee. It was further stipulated that it was the intention of the parties 

 that the contractor would not receive any compensation whatever, other 

 than reimbursement for actual costs. 



Another clause provided for reimbursement for special materials, build- 

 ings, facilities and equipment within a maximum amount stated in the 

 contract. Upon the termination of the contract, the contractor agreed to 

 deliver or sell, at the direction of the Committee, any unexpended materials, 

 facilities and equipment, the cost of which had been reimbursed under the 

 contract. The contractor was granted the first opportunity and refusal to 

 purchase, lease or otherwise use the unexpended property upon terms to be 

 agreed upon by the Committee and contractor, or in the event of a public 

 sale by paying to the Committee an amount equal to the highest outside 

 bid at such sale without any deduction for the costs of the sale. 



The contract further provided that, in any event, the contractor could 

 purchase the property, within one month from the date of the final report, 

 by paying the Committee an amount equal to the cost of reproduction, 

 less depreciation. In the case of additional buildings, for the cost of which 

 the contractor had been reimbursed under the contract, the contractor was 

 required, at the option of the Committee, to purchase the buildings by 

 paying the Committee a stipulated percentage of the original cost. During 

 the life of the contract or any renewal thereof, the contractor held all prop- 

 erty at his own risk and in the event of any loss, theft or destruction, 

 replacements were to be made promptly by the contractor at his own ex- 

 pense, and the replacements were to be subject to the same terms and con- 

 ditions as the original facilities and equipment. 



With respect to patentable discoveries or inventions, the Committee 

 reserved the sole power to determine whether or not a patent application 

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

 rights under any application or patent that might result from the per- 

 formance of the work called for in the contract. The contractor agreed 

 (i) that the judgment of the Committee on such matters would be ac- 

 cepted as final, (2) that the inventor or inventors would execute all docu- 

 ments and do all things necessary or proper to carry out the judgment of 



