Common use of TECHNICAL DIRECTION Clause in Contracts

TECHNICAL DIRECTION. (a) Performance of the work under this contract may be subject to the technical direction of the cognizant Buyer’s Contract Technical Representative (CTR), if identified in the purchase order or otherwise in writing by the Buyer. The term "technical direction" is defined to include, without limitation: (1) Directions to the Seller that redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the Statement of Work (SOW). (2) Provision of written information to the Seller, which assists in the interpretations of drawings, specifications, or technical portions of the work description. (3) Review and, where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the Seller to Fluor-B&W Portsmouth LLC under this contract. (b) Technical direction must be within the scope of the SOW stated in this contract. The cognizant CTR does not have the authority to, and shall not, issue any technical directions which: (1) Constitute an assignment of additional work outside the scope of the SOW of this contract; (2) Constitute a change as defined in the Article entitled "Changes"; (3) In any manner causes an increase or decrease in the total estimated contract price or the time required for the contract and/or performance; (4) Changes any of the expressed terms, conditions or specifications of this contract; (5) Interferes with the Seller's right to perform the terms and conditions of this contract. (c) All technical direction shall be issued in writing by the cognizant CTR. (d) The Seller shall proceed promptly with the performance of technical directions duly issued by the CTR in the manner prescribed by this article and within the CTR's authority under the provisions of this Article. If, in the opinion of the Seller, any instruction or direction by the CTR falls within one of the categories defined in (b)(1) through (b)(5) above, the Seller shall not proceed but shall notify the cognizant Buyer in writing within five (5) working days of any such instruction or direction and shall request the Buyer to modify the contract. Upon receiving the written notification from the Seller, the Buyer shall: (1) Advise the Seller in writing within seven (7) working days after receipt of the Seller's letter that the technical direction is within the scope of this purchase order and does not constitute a change under the article entitled "Changes" of this purchase order; (2) Advise the Seller in writing within seven (7) working days after receipt of the Seller's letter not to perform under the direction and to cancel the direction; or (3) Advise the Seller in writing within a reasonable time that Buyer will issue a written change order. (e) Failure of the Seller and the Fluor-B&W Portsmouth LLC Buyer to agree that the technical direction is within the scope of the contract, or failure to agree upon the contract action to be taken with respect thereto shall be subject to the Fluor-B&W Portsmouth LLC General Provision entitled "Disputes."

TECHNICAL DIRECTION. (a) Performance Technical direction must be within the scope of work stated in the BPA and the resultant calls. The COR does not have the authority to, and may not, issue any technical direction which: (1) Constitutes an assignment of additional work outside the PWS; (2) Constitutes a change as defined in the FAR clause 52.243-3, entitled "Changes"; (3) Causes an increase or decrease in the total price or the time required for BPA performance; or (4) Changes any of the work under this contract may be subject to the technical direction express terms, conditions, or specifications of the cognizant Buyer’s Contract Technical Representative BPA or GSA Schedule. (CTR), if identified in the purchase order or otherwise in writing by the Buyer. b) The term "technical direction" is defined to include, without limitation: (1) Directions to the Seller that Contractor which redirect the contract BPA effort, shift shifts work emphasis between work areas or tasks, require requires pursuit of certain lines of inquiry, fill fills in details or otherwise serve serves to accomplish the Statement of Work (SOW)tasks outlined in the PWS. (2) Provision of Providing written information to the Seller, Contractor which assists in the interpretations interpretation of drawings, specifications, or technical portions of the work description. (3) Review andReview, and where required by the contractBPA, approval of technical reports, drawings, specifications reports and technical information to be delivered by the Seller Contractor to Fluor-B&W Portsmouth LLC under this contract. (b) Technical direction must be within the scope of the SOW stated in this contract. The cognizant CTR does not have the authority to, and shall not, issue any technical directions which: (1) Constitute an assignment of additional work outside the scope of the SOW of this contract; (2) Constitute a change as defined in the Article entitled "Changes"; (3) In any manner causes an increase or decrease in the total estimated contract price or the time required for the contract and/or performance; (4) Changes any of the expressed terms, conditions or specifications of this contract; (5) Interferes with the Seller's right to perform the terms and conditions of this contractGovernment. (c) All technical direction shall Technical directions can be issued in writing or verbally by the cognizant CTRCOR. (d) The Seller Contractor shall proceed promptly with the performance of technical directions duly issued by the CTR COR in the manner prescribed by this article and within the CTR's his authority under the provisions of this Articleclause. If, in the opinion of the SellerContractor, any instruction or direction by the CTR COR falls within one of the categories defined in (b)(1a)(1) through (b)(54) aboveof this clause, the Seller Contractor shall not proceed but shall notify the cognizant Buyer CO in writing within five (5) working days after receipt of any such instruction or direction and shall request the Buyer CO to modify the contractBPA and subsequent call accordingly. Upon receiving the written notification from the SellerContractor, the Buyer CO shall: (1) Advise the Seller Contractor in writing within seven thirty (730) working days after receipt of the SellerContractor's letter that the technical direction is within the scope of this purchase order the BPA and subsequent call effort and does not constitute a change under the article entitled "Changes" of this purchase orderclause; (2) Advise the Seller in writing Contractor within seven (7) working days after receipt of a reasonable time that the Seller's letter not to perform under the direction and to cancel the directionGovernment shall issue a written change order; or (3) Advise Rescind the Seller in writing within a reasonable time that Buyer will issue a written change ordertechnical direction. (e) Failure A failure of the Seller Contractor and the Fluor-B&W Portsmouth LLC Buyer Contracting Officer to agree that the technical direction is within the scope of the contractBPA, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the Fluor-B&W Portsmouth LLC General Provision entitled provisions of the FAR "Disputes" clause 52.233-1."

TECHNICAL DIRECTION. (a) Performance a. The performance of the work under this contract may hereunder shall be subject to the technical direction of the cognizant Buyer’s Contract 's Program Manager or his duly authorized representative. Technical Representative (CTR), if identified in the purchase order or otherwise in writing by the Buyer. The term "technical direction" direction as used herein is defined to includeas a process by which the progress of Seller's technical efforts is reviewed, without limitation: (1) Directions information on the various technical areas involved is exchanged, plans for future contract efforts are formulated, and where it will better achieve Program objectives, Seller's technical effort is realigned or redirected. It also includes technical direction at decision points or overall integration of a subsystem, design compromises among subsystems, definitions of interfaces, analysis of subsystems, and supervision of subsystem testing; all to the extent required to assure that subsystem concept and objectives are being met in an economical and timely manner. Seller that redirect the agrees to accept technical direction herein unless a contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the Statement of Work change is required (SOWSee paragraph (c) below). (2) Provision of written information to b. To the Sellerextent required and specified elsewhere in this order, which assists in the interpretations performance of drawingsthis order Seller agrees to participate in meetings, specificationsprovide technical information, and respond to requests for research and development planning data on all matters pertaining to this order. Seller shall also discuss with the Buyer Program Manager, technical matters relating to this program. c. Formalization of technical direction generated under this order, involving a change in price, period of performance, scope of work, delivery, or technical portions other provisions will be issued in accordance with the terms of the work description. (3) Review and, where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the Seller to Fluor-B&W Portsmouth LLC under this contract. (b) Technical direction must be within the scope of the SOW stated in this contract. The cognizant CTR does not have the authority to, and shall not, issue any technical directions which: (1) Constitute an assignment of additional work outside the scope of the SOW clause of this contract; (2) Constitute a change as defined in the Article order entitled "Changes"; (3) In " and Buyer shall not be liable for any manner causes an increase adjustment in price, period of performance or decrease in the total estimated contract price or the time required for the contract and/or performance; (4) Changes any of the expressed terms, conditions or specifications other provisions of this contract; (5) Interferes with the Seller's right to perform the terms and conditions order by reason of this contract. (c) All technical any direction shall be issued unless such direction is issued in writing by the cognizant CTRBuyer pursuant to the "Changes" clause of this order. (d) d. Correspondence concerning technical matters pertaining to this order shall be directed to the cognizant Buyer. e. The Seller shall proceed promptly not discuss contractual matters with the performance of technical directions duly issued by the CTR in the manner prescribed by this article and within the CTRBuyer's authority under the provisions of this Articleother subcontractors. If, in the opinion of the Seller, any instruction or direction by the CTR falls within one of the categories defined in (b)(1) through (b)(5) above, the Seller shall not proceed but shall notify the cognizant Buyer in writing within five (5) working days of any such instruction or direction and shall request the Buyer to modify the contract. Upon receiving the written notification from the Seller, the Buyer shall: (1) Advise the Seller in writing within seven (7) working days after receipt of the Seller's letter that the technical direction is within the scope of this purchase order and does not constitute a change under the article entitled "Changes" of this purchase order; (2) Advise the Seller in writing within seven (7) working days after receipt of the Seller's letter not to perform under the direction and to cancel the direction; or (3) Advise the Seller in writing within a reasonable time that Buyer will issue a written change order. (e) Failure of the Seller and the Fluor-B&W Portsmouth LLC Buyer to agree that the technical direction is within the scope of the contract, or failure to agree upon the contract action to be taken with respect thereto These discussions shall be subject referred to the Fluor-B&W Portsmouth LLC General Provision entitled "DisputesXxxxx's cognizant procurement representative."

TECHNICAL DIRECTION. (a) The Subawardee agrees to obtain the written approval of the Project Director prior to the assignment of the Principal Investigator’s responsibilities to another individual with the Subawardee. A. Performance of the work under this contract may be is subject to the technical direction of the cognizant Buyer’s Contract Technical Representative (CTR), if identified in NAS Project Director designated to maintain scientific or technical liaison with the purchase order or otherwise in writing by the BuyerSubawardee. The term "technical directionTechnical Direction" is defined to include, without limitationincludes: (1) . Directions to the Seller that Subawardee which redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details details, or otherwise serve to accomplish the Statement contractual statement of Work (SOW)work. (2) . Provision of written information to the Seller, Subawardee which assists in the interpretations interpretation of drawings, specifications, specifications or technical portions of the work description. (3) . Review and, where required by the contractsubaward, approval of technical reports, drawings, specifications and technical information to be delivered by the Seller Contractor to Fluor-B&W Portsmouth LLC NAS under this contractsubaward. (b) B. Technical direction must be within the general scope of the SOW work stated in this contractsubaward. The cognizant CTR Project Director does not have the authority to, to and shall not, may not issue any technical directions which: direction which (1) Constitute constitutes an assignment of additional work outside the general scope of the SOW of this contract; ; (2) Constitute a change as defined in the Article entitled "Changes"; (3) In any manner causes an increase or decrease in the total estimated contract price or cost of the time required for the contract and/or performance; ; or (43) Changes changes any of the expressed terms, conditions conditions, or specifications of this contract; (5) Interferes with the Seller's right to perform the terms and conditions of this contractsubaward. (c) C. All technical direction shall directions will be issued in writing by the cognizant CTRProject Director, or shall be confirmed by the Project Director in writing, as promptly as practicable. (d) D. The Seller shall Subawardee will proceed promptly with the performance of technical directions duly issued by the CTR Project Director in the manner prescribed by this article Article and within the CTRProject Director's authority under the provisions provision of this Article. E. If, in the opinion of the SellerSubawardee, any instruction or direction issued by the CTR falls Project Director is within one of the above categories as defined in (b)(1) through (b)(5) paragraph B above, the Seller Subawardee shall not proceed but shall instead notify the cognizant Buyer NAS Contract Administrator in writing within five (5) working days after receipt of any such instruction or direction and shall request the Buyer to modify the contractdirection. Upon receiving the written such notification from the SellerSubawardee, and after consultation with the Project Director, the Buyer shall: (1) Advise NAS Contract Administrator shall either issue an appropriate subaward modification or advise the Seller Subawardee in writing within seven (7) working days after receipt that, in the opinion of the Seller's letter that Project Director, the technical direction is within the scope of this purchase order Article and does not constitute a change under the article entitled "“Changes" of this purchase order; (2) Advise ” clause. The Subawardee shall thereupon proceed immediately with the Seller in writing within seven (7) working days after receipt direction given. A failure of the Seller's letter not parties to perform under agree upon the direction and to cancel the direction; or (3) Advise the Seller in writing within a reasonable time that Buyer will issue a written change order. (e) Failure nature of the Seller and the Fluor-B&W Portsmouth LLC Buyer to agree that the technical instruction or direction is within the scope of the contract, or failure to agree upon the contract action to be taken with respect thereto shall be subject to the Fluor-B&W Portsmouth LLC General Provision entitled "“Disputes” article of this subaward."

TECHNICAL DIRECTION. (a) Performance of the work under this contract may shall be subject to the technical direction of the cognizant Buyer’s Contract Technical Representative (CTR), if COR identified elsewhere in the purchase order or otherwise in writing by the Buyerthis contract. The term "technical direction" is defined to include, without limitation: (1) Directions to the Seller that Contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual Statement of Work (SOW).Work; (2) Provision of written information to the Seller, Contractor which assists in the interpretations interpretation of drawings, specifications, specifications or technical portions of the work description.; and (3) Review and, where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the Seller Contractor to Fluor-B&W Portsmouth LLC the Government under this the contract. (b) Technical direction must be within the scope of the SOW work stated in this the contract. The cognizant CTR COR does not have the authority to, and shall not, issue any technical directions direction which: (1) Constitute Constitutes an assignment of additional work outside the scope Statement of the SOW of this contractWork; (2) Constitute Constitutes a change as defined in the Article Attachment 1, Clause 25, entitled "Changes"; (3) In any manner causes Causes an increase or decrease in the total estimated contract price or the time required for the contract and/or performance; (4) Changes any of the expressed terms, conditions or specifications of this the contract;; or (5) Interferes with the SellerContractor's right to perform the terms and conditions of this the contract. (c) All technical direction directions shall be issued in writing by the cognizant CTRCOR. (d) The Seller Contractor shall proceed promptly with the performance of technical directions duly issued by the CTR COR in the manner prescribed by this article and within the CTR's his authority under the provisions of this Articleclause. If, in the opinion of the SellerContractor, any instruction or direction by the CTR COR falls within one of the categories defined in (b)(1b) (1) through (b)(55) above, the Seller Contractor shall not proceed but shall notify the cognizant Buyer Contracting Officer in writing within five (5) working days of any such instruction or direction and shall request the Buyer to modify the contract. Upon receiving the written notification from the Seller, the Buyer shall: (1) Advise the Seller in writing within seven (7) working days after receipt of the Seller's letter that the technical direction is within the scope of this purchase order and does not constitute a change under the article entitled "Changes" of this purchase order; (2) Advise the Seller in writing within seven (7) working days after receipt of the Seller's letter not to perform under the direction and to cancel the direction; or (3) Advise the Seller in writing within a reasonable time that Buyer will issue a written change order. (e) Failure of the Seller and the Fluor-B&W Portsmouth LLC Buyer to agree that the technical direction is within the scope of the contract, or failure to agree upon the contract action to be taken with respect thereto shall be subject to the Fluor-B&W Portsmouth LLC General Provision entitled "Disputes."fifteen

TECHNICAL DIRECTION. (a) The Subawardee agrees to obtain the written approval of the NAS Program Officer prior to the assignment of the Principal Investigator’s responsibilities to another individual. A. Performance of the work under this contract may be subaward is subject to the technical direction of the cognizant Buyer’s Contract Technical Representative (CTR), if identified in NAS Program Officer designated to maintain scientific or technical liaison with the purchase order or otherwise in writing by the BuyerSubawardee. The term "technical directionTechnical Direction" is defined to include, without limitationincludes: (1) . Directions to the Seller that Subawardee which redirect the contract subaward effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details details, or otherwise serve to accomplish the Statement contractual statement of Work (SOW)work. (2) . Provision of written information to the Seller, Subawardee which assists in the interpretations interpretation of drawings, specifications, specifications or technical portions of the work description. (3) . Review and, where required by the contractsubaward, approval of technical reports, drawings, specifications and technical information to be delivered by the Seller Subawardee to Fluor-B&W Portsmouth LLC NAS under this contractsubaward. (b) B. Technical direction must be within the general scope of the SOW work stated in this contractsubaward. The cognizant CTR NAS Program Officer does not have the authority to, to and shall not, may not issue any technical directions which: direction which (1) Constitute constitutes an assignment of additional work outside the general scope of the SOW of this contract; subaward; (2) Constitute a change as defined in the Article entitled "Changes"; (3) In any manner causes an increase or decrease in the total estimated contract price or cost of the time required for the contract and/or performance; ; or (43) Changes changes any of the expressed terms, conditions conditions, or specifications of this contract; (5) Interferes with the Seller's right to perform the terms and conditions of this contractsubaward. (c) C. All technical direction shall directions will be issued in writing by the cognizant CTRNAS Program Officer, or shall be confirmed by the NAS Program Officer in writing, as promptly as practicable. (d) D. The Seller shall Subawardee will proceed promptly with the performance of technical directions duly issued by the CTR NAS Program Officer in the manner prescribed by this article Article and within the CTR's NAS Program Officer’s authority under the provisions provision of this Article. . E. If, in the opinion of the SellerSubawardee, any instruction or direction issued by the CTR falls NAS Program Officer is within one of the above categories as defined in (b)(1) through (b)(5) paragraph B above, the Seller Subawardee shall not proceed but shall instead notify the cognizant Buyer NAS Subaward Administrator in writing within five (5) working days after receipt of any such instruction or direction and shall request the Buyer to modify the contractdirection. Upon receiving the written such notification from the SellerSubawardee, and after consultation with the NAS Program Officer, the Buyer shall: (1) Advise NAS Subaward Administrator shall either issue an appropriate subaward modification or advise the Seller Subawardee in writing within seven (7) working days after receipt that, in the opinion of the Seller's letter that NAS Program Officer, the technical direction is within the scope of this purchase order Article and does not constitute a change under change. The Subawardee shall thereupon proceed immediately with the article entitled "Changes" of this purchase order; (2) Advise the Seller in writing within seven (7) working days after receipt direction given. A failure of the Seller's letter not to perform under the direction and to cancel the direction; or (3) Advise the Seller in writing within a reasonable time that Buyer will issue a written change order. (e) Failure of the Seller and the Fluor-B&W Portsmouth LLC Buyer to agree that the technical direction is within the scope of the contract, or failure parties to agree upon the contract nature of the instruction or direction or upon the subaward action to be taken with respect thereto shall be subject to the Fluor-B&W Portsmouth LLC General Provision entitled "“Disputes” article of this subaward."