NEGOTIATED CONTRACT

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP61-00763A000200010102-9
Release Decision: 
RIPPUB
Original Classification: 
S
Document Page Count: 
39
Document Creation Date: 
December 22, 2016
Document Release Date: 
June 30, 2010
Sequence Number: 
102
Case Number: 
Publication Date: 
June 30, 1959
Content Type: 
CONT
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PDF icon CIA-RDP61-00763A000200010102-9.pdf2.92 MB
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Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Bycon fg Y Pasadena, California Contract fir: See Schedule D-339'5 Contract No. BC-550 Perforsaace Period: See Schedule is contras Is enter into y of Amer ca, hereinafter called the Government represented by the Contracting Officer executing this contract, and the above-mod Contractor Nddeh is a Ourpo+ration incorporated in the State of Delaware, heraixafter called the Contractor. The parties hereto agree that the Contractor shall furnish the facilities and deliver all supplies and perform all the services set forth in the attached schedule issued hereunder, for the consideration stated herein. The rights and obli&Ltions of the parties to this contract shall be subject to and governed by the attached Schedule, Appendix I and General Provisions, which together with this signature page and the accompanying certificate coswprise this Contract No. BC-55. In the event of any inconsistency betwrom the schedule and the General Provisions, the Schedule shall control. IN WITNESS WMEQF, the parties hereto have executed this contract as of JUN 3 0 1959 1959. Sigoaturroes: s Y THE U"MD STATES OF AMERICA 1GNED SECREI Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 low. Contrast No. CERTIFICATE r-e- ~ C- , certify t bat as Contractor herein; that v /. )' . 7' ~, -e- p signed this contract on behalf of the Contractor was them/' of said Corporation; that said eon- tract was duly sigrisd for and in behalf of said Corporation by authority of its governing body, and is within the scope of its Cor- porate priers. PUP Corporate seal) r.WET Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 140W %NW "W MWO, omtruct NO INDEX TO WE SCHEDME SERVICE AND SUPPLIES TO BE FURNISHED BT ' CONTRACTOR------ PART I - 'ART II - PERPORRANCE OF SERVICES------------------------------------ PART III - RELATED WORK AND SERVICES-- - ------------- PARS' IV - CONSIDERATION AND PAYMMS--------------------------------- PART V - RE1ICIRG-____--___________________________________________ PART VI' - PERIOD OF PERFORMANCE__________________________________ PART VII - ANTICIPATORY COSTS----------------------------------------- 4 PART VIII - SPECIAL SECURI'T'Y RESTRICTIONS------------------------------- 8 PART IR - WAIVER OF RE$UIRMMTS OF GAL PROVISIONS --------------- 9 PART X - GOVR'Rr IfT FUR ISHEU PROPE?TY------------------------------ 9 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 SJRET pct io. BC-550 PART I - SERVICES AND SUPPLIES TO BE PURNISKED BY '3+B'E CO A R The Contractor shall provide all necessary equipment, tools, and minor its of material and 9WI furnish the services of all necessary qualified personnel required to efficiently and expeditiously operate and malaw in a plant Ikci lity fbr performing modifieaatio>ns, repairs and overhauls of todpwat of the types and kinds produced end delivered under a separate * tract between the Contractor and the Oovernmant. T t ontr~r tbs. also provide liaison with other suppliers of related e%uipaa t and shall furnish routine in-plant entering to analyse epsent returned for modification, repair and overhaul to 8 e'mins caus of all i hnical difficulties or mal.fun stIon s . The furni,~r? g of engttnemring data thereon such as service bulletins, modification data, and technical solutions to problems wbi,eh will itciittate and s gWrt successful field operations shall be h; ed, in acme with the letter to all 3upg liers dated 7 April 1939 (DPti-2284..59) . Said letter is incorporated herein by reference having the she force and effect as if Cully met forth herein. The Contractor "I 11 furnish qualified personnel to the Governments test site fr periods of time as %y be authorized by the Cmtracting Officer or his authorized repro- sentativea. The Contractor shall train er ptoyees, who are aeeotratle to the Go ernmesnt, for use as technicians overseas. The ant will issue fora l authorizations, i.e. Tit Work Orders, Test Site, Headquarters or Customer No. 2 Contract Ayiravala, numbered serially, setting forth the plant vork, test site or training servic the Governasut desires to be perftrmed, hereunder, together with desired delivery schedules and preservation, pacing, }peeking and marking requirements therefor. All major items of materials requires for modification, repair, or overhaul of the eguipsment will be available to the Contractor as Goven t tarnished material from the apare puts inventory to be provided and maintained by the Contractor under a separate contract between the Contractor and the Gwt. Work and services such as special leas repair processing, ,plating, engraving, refinishing, raw materials to jrodiaee parts and the purchase of parts rant available Crean the spare parts inventory vil. be obtained by the Contractor under subcontract. :FRET Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 PART II - P FORt4ANCE OF SERVICES (a) The extent and character of the work to be done by the Contractor under this contract shall be subject to the general supervision, direction, eontrol and approval of the Contracting Officer or his authorized representative, to whom the Contra r shall report and be rwynro s. In the event then should be any dispute with re rd to the extent and character of the murk to be perforsd, the setter shall be determined as provided in General Provisions 7 Disputes. (b) The Contractor agrees to furnish sufficient pe'rsocnel of the labor categories specified in Appendix I hereof, as well.: as supervisory and administrative personnel to assure successful ymsecution of the work. (c) All operations under the terra of this contract will be done in an effecient and workcauIihe miner and by q*lif`isd personnel of the Contractor's or nizaticsn who are thoroughly familiar with the t,,of work being performed. (d) Services required by the Contractor and performed by the Contractor's personnel of the labor c ate0ories specified. in Appe x I will be eosidered Direct Labor under this eomtraet. In addition to the services and supplies to be provided above, the Contractor will perform such other wort and services as say be requested by the Contracting. Officer or his authorized representative and agreed to by the Contractor, which are necessary to ensure ti el perf'ox nce of the contract work. PMT IV - CO NS IDT tAT ION 4ND PAYMENTS (a) There has been allotted. for this contrast the following amounts Period Customer I July 1959 - 30 June 1960 No . 1 -36, Sao. 00 No. 2 135,000,OO *Coatia t upon the availability of funds for this purpose for each Customer during the Governments Fiscal Year 1960. Rapresoits an estimated six (6) lath funding only. Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Unexpended funds at the end of a period for either Customer are not authorized for use in a subsequent period. The contractor s& ____ notify the contracting Officer the amount of unespenided funds for each Customer at the end of each period. If, at any time, the Contractor is of the opinion that the cost of the work authorised will smead the aaeQUnts allotted by Cult rs for a articular period, he shall notify the Contracting Officer of the additional amount required. (b) In accordance with the clause of this contrast entitled "PAM S", the Contractor sh i 1 be jaid as follows: (1) For work and services performed by the Contractor's personnel of the labor categories met forth in Anendix I, the Contractor Shall be paid the s acable hourly rates stated in the colum entitled "Contract Hourly Bate", in Appwadix i, as may bar 1 time to time, for each Direct Tabor hour of work or services act performed hereunder by such pars el. The tiros of non- odxwtirre personnel will not be m lined in direct labor, sad the Contractor agrees that only direct labor of its personnel of the labor categories designated in Appendix I, eupged in the waft called for by this contract will be included in its billis hereunder. (2) For materials and s rliess: wed by the contractor or subcontractors under this contract, other than minor items of materials and supplies to be provided. without direct cost to the Get, the Contractor slal7. be reimbursed at actual cost. )htsriala and supplies, other than minor items of materiels and supplies withdrawn from the Contractor's stock for use on this contract, my be charged at prices determined by the Contractor's eas~tablissshesd method of pricing for its other business. No aucust representing pr fit shall be added to the cost or price of supplies or materials furnished under this contract. (3) For related work and services performed hereunder by the Contractor, payment shall be made in accordance with hssragraph. (d) of Ctause k, Payments, of the General Provisionsa. (c) It is hereby agreed that the "Contract Hourly ates" as specified in Appendix I are based on straight time wages of Contractor's employees directly en ged in the perforusace of work under this contract and include all applicable overhead, General and Administrative Rwrense and Profit. In the event overtime work is determined to be necessary for the? ~ perform a of the work and is specifically authorised in writing by the Contracting Officer or his authorized representative, it is understood, and agreed that the preaeduna portion of any such authorized overtime pay shall be billed as a direct cost in accordance Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 SECRET r.. with the Contractor' a established. accounting practices. (d) In the event the Contractor's total billiaw as dstermtned under this PART IV and the PAD MM clause in the General Provisions of this contract for any quarterly period eonsisting of three (3) successive regular monthly billing periods hereunder are less than $15,000, the Contractor way present a minim= billing of $5,000 for such period in lieu of the Coutractor?s total actual charges for the three (3) aonths within said, quarterly period. r the purpose of defining quarterly periods hereunder, the first quarterly period shall consist of the first three successive regular monthly billing periods (i. e. July, August and September), the next quarterrly period win consist of the second, three successive regular monthly billing periods (i.e., October, lavmb+err and December), etc NO MinIMM charge will be paid: for a period casprising less than three successive regular =mthly billing periods; harvevsr, the Contractor will be paid actual charges for each south or part thereof for such Lesser period. The Contractor's bill-Ingo shall be lade nrorathly and shell be for actual cost. In the event the billing for the third south of a quarter when added to the two preceding month's billings of the same quarter total less than $5,OW, the Contractor's billing for the third math say show an amount added thereto pursuant to this clause and in addition to the total actual cost which will result in a total . bi ll.ing of 45,00D for the quarterly period. (e) Billings aubuitted by the Contractor ahall indicate (1) the Custmer, (2) the period involved, and (3) total funds allotted for said period less total of all previous billings thereby shoving the bake available for expenditure in that period. Udder this as imt set forth the amount of the claim for the current mouth reflecting the Work. Orders or other work or services as authorized by the Contracting Officer. The billing, submitted for the final claim for a period should have indi+erctsd thereon the words ' f ni1l Claim" and show thereon the unexpeaded balance for each Cuitanwr. (f) The cost of performing work authorized ender this contract shall be *barged to the funds allotted for the period in which the work was actually performed regardless of when the authorization was received by the Contractor. (g) In the event the provisions of subparagraph (d) above rssarding s i n+a billings are utilized the Contractor shat I charge the two Customers on a fifty -fifty basis. SECRET Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 up, VWV SECRET PART V RPYRICB C (a) Ring establish t of firwa Contract $ourl.y Rtes for any period, the Contractor shall be reimbursed at the provisional Hourly Rates set forth in the attached Apia I subject to apyrorpriate adJust t when final rates are established. To prevent substantial over or under payment; the provisional xatees nay, at the request of either party, be revised by mutusa1 agreamkk t, either retroactively or prospectively. (b) The Contractor shall submit proposed ili> Contract Hourly Rates on or about 1 April. 1960 for the period 1 July 1959 thrau h 30 June 1960. 1pon coupletion of uegetiatione by the parties hereto the fired Contraot Hourly Rates will be incorporated by an t (c) Any fa lure on the part of the parties hereto to agree to any such revisions shall be considered a dispute concerning a question of fact within the waning of the article of this contract entitled " Disputeea " Pending nettle nt of such disputer the Coontractor shall diligently proceed with the performance of the subjlwt work hereunder. PART VI - P1IOD OF 3 )1 P, NCE This contract shall be emotive for the period 1 July 1959 through 30 June 196. The contract ray be extended by n utual a, reeent between the parties hereto. PART VII -- PJ TICIFATORY C0 All costs which have been incurred by the Contractor? on or after I July 1959, in anticipation of a3td gfior to the signing of this contract, and which, if inaurred after the signing of this tract, would have been considered as a3lambl a charges hereunder, will be accepted by the Contracting Officer under this contract. PART VIII SPECIAL SECURITY F ICTIOHS The Contractor sbo.11 not reveal (1) the specific rture or any details of the work being performed hereLmder or (ii) any iubrmation wi tsoevez with respect to the dep meat of the Oavernma nt Wiring this cc tenet and the work thereunder except as the Contractor is directed to reveal such intbrration by the Contracting Officer or by his auly authorised representative for security sett , and., notwith- standing any clause or section of this contract to the contrary, the Contractor shall not interpret any clause or section of this Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 SMET contract as requiring or permitting diverse of lueh intonation to any person, public or private, or to any offleer or dejartment of the C nrernme t without the express consent of the Contracting Officer or his duly authorized representative for security matters. PART IX WAIVER OF RE f f8 OF COAL P1N)VISIONS Notwithstanding the requirements of any of the General Provisions of this contract to the contrary, os er the Contract er, In pertorsanee of the work under this contract, Wall find that reoiuire to of any of the clauses of the General Prow slons &" in conflict with security Instructions issued to the Contractor by the Contracting Officer or by his duly authorized 184Mtative for security setters, the Contractor shall call the attention of the Contracting ? ffi er to such conflict and the Contracting Officer or his *ay authorized representative for security matters shall (i) modify or rescind such security requir is or (ii) the Contracting Officer shall issue to the Contract= a waiver of sa^pLiance with the requiresants of the General Provisions aoofli+otIng with such security quiramts. Any waiver of ranee with the General Pr vi sions of this contract issued by the Co utr&cting Officer shall be in writing, excerpt that the a l by the C ntract#ag Officer of any subcontract issued hereunder by the Contractor sail be deemed to constitute approval of waiver of any clauses of the Gemusl Previsions in conflict with the stipulations of such subcontract. PART X - GOVEHNNM FURNIi PROPERTY The Governne t Property presently in the possession of the Contractor which was furnished under Contract No. DC-450 is authorised for use under this Contract No. AC-550. Contract No. BC-550 ;sill be ascended at a later date to incorporate the listing of GFP an hand. as of Y July 1959. Said property will be subject to the provisions of the clause entitled "fit-Furnished may" (I ragraph 21 of the General Provisions) . Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 ' Jo Grade Code 074 075 064 165 168. 065 100 146 166 169 170 070 4 066 200 220 225 250 255 260 270 Z75 047 Job Classification ,l.Z411.1 G & A Basic Rate 'L 155% @ 15% $5 15 Project Engineer `P' ?'O 401". 13 $1, 97 Research Epgieer Engineer, Senior. 4.21 b. 53 Tech. Writer, Sr. 10.74 1.61 Publications Specialist, Sr, Engineer, Intermediate 3, 89 6.03 Chief Inspector 9. 9Z 1.49 Photographer, Senior Technical Writer Publication Specialist Spares Coordinator Administrative Asst. , Sr. # Engineer, Junior 3.06 474 7 8 , 0 1 1? R s h Total Cost Profit 10% Total Price $15.10 $1:.51 $16.61 U. 35 1.24 13.5. 11.41 1.14 12. 55 . e earc 8.97 & Dev. Aide Draftsman, Design Industrial Artist Electronic Tech.* Sr. Photographer Tech. , Sr. Engineering Aide, Sr. Technical Illus t rato r Draftsman, Layout Administrative Asst. Publication Specialist, Jr. Electronic Technician Photograph Technician Photographer 2.35 3.64 Technical Writer, Jr. 5. 99 .90 6. 89 .69 7.58 Engineerirg Aide Technical Tllust rator, Jr. SECRET Draftsman. Detail Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Job Code -"C,# 400 405 .460 470 520 410 415 450 5115 General Clerk 600 Clerk Typist 610 Tracer 615 Dup. Mach. Opr.- Jr. 535 Dup. Mach. Opr. Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Job Classification Elect. Tech., Jr. Photo Tech.-, Jr. Engineerift. Aide3,s`,Jr. Draftsman, junior Clerk, Technical Dup. Mach: 4pr. , Sr. Reproduction Copy Typist . Departr nt Clerk* 515 Typist, Technical 700 705 710 715 720 725 10 750 754 758 760 11 764 768 774 778 784 Machinist, Experimental Research Mechanic Auto. Mach. Technician Tool & Die Maker Sheet Metal Fabricator Inspector, Tool & Gage Machinist, Precision Grinder, Precision Plater Welder Inspector, Precision Inspector, Elect. Systems Mechanic, Maintenance Sheet Metal Man, Maint. Carpenter, Maintenance Hourly Bu rden Basic Rate @ 155% Cost Page 2 G & A Total Profit Total 15% Cost @ 10%. Price 1.58 2.45 4.03 .6o 4.63 .46 5.09 3.21 4.98 8.19 1,23 9.42 .94 2.93 4.54 7.47 1. 12 8.59 .86 9.45 2.93 4.54 7.47 1. 12 8.59 .86 9.45 SECRET Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 SRI f-. Job Hourly Burden G & A Total Grade Code Job Classification Basic Rate @ 155% Cost @ 15% C ost 800. Machinist, Specialist $2. 53 $3.92 $6. 45 $ .97 42 7 805 Spray Painter, Specialist . 810 Inspector, Senior 815. Asaerabler, Precision 850 Machine Operator 2l 3. 43 5. 64 85 49 6 855 Tool Room Attendant . 860 Inspector 870 Truck Driver .885 Assembler SpeciallEst 900 Helper. Machine Shop 1, 98 3.07 5.05 . 76 5. 81 910. .1itspector, Apprentice 915 Assembler, General 920 Silk Screen Processor 955 Aseearnbl.ex, Electro-Mech. 1.69 Z. 62 4.31 .65 4.96 Page 3 Profit Total @ 10% Price . ?4 $8.16 .65 7. 14 ( .58 6. 39 .50 5.46 Travel and subsistence 1 ditures by the Contractor for the to portation of the persons directly engaged in the pero ,.ae of the work hereunder sod reuc. blle actual subsistence expenses incurred during periods of travel excerpt for sabsigtnce t .ale at the Test Site in accordance with Contractor' s established tray ve. practices will be allowable direct costs wider this contract to twitch a;-provisional General and Awnistrtativee expense of 1 will be added as park of approved costs. When assigned in excess of one day to the Governments Test Site the esgployee shall receive a separation allowance of $9.00 per day and a s mall allowance of $5.00 per day. To this cost a prrrisional G&A of 1% will be added. Job classifications followed by an asterisk (*) are to be used for February 1959 only) after which these Job classifications will be considered ota^eead.. Provisional Material. Burden rate of 1 of materials cost and a poroisi anal General and. Administrative Expense rate of 1 of E aterial costs, inclusive of the Material Burden Rate shall be used in Ming the total cost of all materials furnished by the Contractor. Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 1 ? DEFINITIONS ? 4 ? a . . . . a . a 2. CHANGES . . . . . . . . . . . .. . . . . . a . . . . . ? . 1 3. INSPECTION. . ? . ? ? ? . ? . . ? . . . ? . ? ? . . a . . . 2 4. PAY11EiNiTS. .f n. ~.q . A. T`. . . , . . . a . . . . . . . . . . a . 2 5. P5,S81Ci1~1f'2N C CLxi. MIS. . ? ? ? ? e . ? . . . ? . ? b . ? o ? ? 4 6a EXCUSABLE DELAYS. . . ? . ? a ? /. 7. DISPUTES. 11 a o o a o w b a? e a 5 8. 'MICE AND ASSISTANCE REGARd DING PATENT Ii 'RIiNGEITINT ? ? ? a 5 9. B`-'.I AII,EBIC.iNN ACT.. . ? . . . . ? ? 6 10. CONVICT LABOR r . ,. . . b b a ? . 6 11,. ET THT-HOUR LAN OF 1912. : . 4 . .. , , n 6 12, l,JSH -HE .EY PUBLIC CONTRC nTS ACT ?? w. i b l a a 0 0 7 13, L0ND1SCRINNNI11ATI0N IN EMPLOY11ENT . . . . 6 ti , ? : . ? . . . . 7 I4?. OFFICIALS NOT TO BENEFIT . . ? a ? b b e b S 15, COJTENANT AGAINST CONTINGENT FEES. . a ? , . ? . . . . . . . 3 _6? REPORT NG OF ROYALTIES. . . . o . . . . . . . . . . . . . . . F 117. TERIVE[iv.ATION FOR CO.NVEWIENCE OF .'HE GOVERNI'EN'i . . . . ? . ? . 10 18? jS1UDCON' TRACTS. .. . . . ? a ? a . . . . . . . . . . . w . . . 15 19, RECORDS . . . . . . ? o p a n ? e o ? ? o ? ? e w ? w o a . ? 15 20. GRATUITIES. ? . a . . . . ? . . . . . . . . . . ? . a ? ? 17 21. GOVERNI?NT FURNISHED PROPERTY e ? ? ? . . ? 17 22. E142LOYN.E'NT OF ALIENS. . . e ? . ? a . . a ? 22 23. }aLIT'ARY SECURITY REQUIREIIENTS. . . ? . . . . . ? . a . . . . 22 24. COPYRIGHT a a a . . . a . a a . . . . . . . . ? a ? a . ? . 23 25. FILING OF PATENT APPLICATIONS a a . . . r . . . . . a . . 24 26. NOTICE TO THE GOVERN1VENT OF LABOR DISPUTES. ? . . ? . . . 24 27, AUTHORIZATION AAD CONSENT a a . . . a . . ? . ? . V 25 23. ALTERATIOiiJS IN CONTRACT . a . . a . . . . , . . o a a ? . 25 T&ili 8/22/56 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 UUHt I As used throughout this contract, the following terms shall have the meanings set forth below: (a) The term "Secretary" means the Secretary, the Under Secretary, or any assistant Secretary cf the Department and the hr,,ad or any assistant head of the executive agency; and the term 11h.".S duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized to act for the Secretary; and the term "Department" means that component of the Government having cognizance of this contract and represented by the Contracting Officer executing this contract. (b) The term "Contracting Officer" means the person executing this contract on behalf of the Government, and any other officer or civilian employee who is a properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his authority. (c) Except as otherwise provided in this contract, the term "subcontracts" includes purdhase orders under this contract, (d) The term "contract work" means all work to be performed under this contract including any studies covering fundamental., theo- retical, or experimental investigations; any extension of the inves- tigative f'ind_i.ngs and theories of a scientific and technical nature into practical application; any tangible terms, hereinafter referred to as supplies, if called for herein, furnished to the Government; and any reports, data,, computations, plans, drawings, and specifica- tions with respect to the foregoing. (e) The term "direct labor," as used in the Payments clause, shall be defined in the schedule. The Contracting Officer may at any time, by a written order, within the general scope of this contract, and without notice to any sureties, make changes in (i) drawings, desa_ ns, or specifications, (ii) direct the addition of work or services; (i.ii) make changes in method of shipping or packing; and (iv) make changes in place of delivery. If such changes require a change in the time of performance of the work called for hereunder, the contract shall be modified in writing accordingly. The hourly rate set forth in the schedule shall not be adjusted by reason of any change ordered under this clause. T& NI 8/22/56 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 SECRET (a) ALl material and wcrkmanhip shall be subject to inspection and test by representatives of theGovernmenty For this purpose, the Contractor shall allow, at all reasonable times, inspectors and other Government personnel free access to the plant and operations and shall furnish such facilities as may be 'required for the work. The Contractor shall inform the inspector when the work is ready for inspection. The Government representative shall hhve the right to (i) require the replacement of parts which are not in accordance with applicable sped-- fi.cations, and (ii) require the correction of defects. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the inspection of the supplies and services furnished under this contract. Records of all inspection work by the Contractor shall be kept complete and available to tree Government during the perfo-Vmance of the contract. (c) The Contractor agrees that it will employ only qualified and competent employees in the performance of this contract and that the services performed will conform to the highest professional standards for the work involved. (d) Prior to Final acceptance by the Government, any correction of defects to supplies or services, or replacement of materials to make the item conform to contract requirements, which correction or replacement is made necessary by inferior workmanship or materials, shall be at no cost to the Government. (e) Final acceptance by the Government shall be conclusive except as regards latent defects, fraud, or such gross mistakes as amount to fraud., The Contractor shall, before or after final ac- ceptance, remedy defects or failurop due to suc,'d causes at no cost to the Government. The Contractor shall be paid as follows upon the submission of properly certified invoices or vouchers approved by the Contracting Officer (i) The amounts computed by app.lyin; the appr timecar vouchers by evi be payable on a prorate ministrative expense and profi performed, which rates shall include e time rate direct labor hours overhead, general and ad-- "ractional parts of an hour shall sisr, The Contractor will substantiate of actual payment and by individual daily job referably signed by the workers performing the services . s will normally be-made at Contractor's payroll intervals, T&ri 8/22/56 err NO Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 -hut, may hn 1,1r Jed by the Contracting Officer if conditions so warrant. (ii) Nett withstanding the provisions of subparagraph (i) hereof, the Contracting Officer, as provided in the schedule, shall withhold payment of certain amounts due under this contract. Such amounts shall become payable upon completion of this contract. (iii) Unless provisions of the schedule hereof otherwise specify, the hourly rate or rates set forth in the schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis. If the schedule provides rates for overtime, the premium portion of those rates will not be reimbursable unless the over- time is approved in writing by the Contracting Officer. (i) Allowable costs of direct materials shall be Shot rv ned y by the Contracting Officer in accordance with Par-`Section XV, of the Armed Services Procurement Regulation e Contractor shall support all material costs claim. submitting paid invoices or storeroom requisitions, D? materials as referenced by this clause are defined as thos- erials which enter directly into the end product, or are used or consumed directly in connection with (ii) The cost of subcontracts which are authorized pursuant to the clause hereof entitled "Subcontracts" shall be reimbursable costs hereunder. (iii) The Contractor shall,,, to the extent of its ability, procure materials at the most advantageous prices available, with due regard to securing prompt delivery of satisfactory materials, take all cash and trade discounts, rebates, allowances, credits, salvage, commissions, and bonifica ;ions, and when unable to take advantage of such benefits it shall promptly notify the Contracting Officer to that effect and the reason therefor. Credit shall be given to the Government for cash and trade discounts, rebates, allowances,, credits, salvage, the value of resulting scrap, when the amount of such scrap is appreciable, commissions and boni- f:tcations which have accrued to the benefit of the Contractor or would have so accrued except for the fault or neglect of the Con- tractor, Such benefits lost through no fault or neglect on the part of the Contractor or lost through fault of the Government, shall not be deducted from gross costs, (c) As of the date of execution of this contract, there has been allotted for it the total sum set forth in the schedule. This sum may be increased from time to time by the Government solely at its discretion, and the contract shall be amended accordingly. iNJot- withstanding any other provisions of this contract, the Contractor shall not be obligated to perform any services, pursuant hereto, the T&M 8/22/56 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 Sanitized Copy Approved for Release 2010/06/30: CIA-RDP61-00763A000200010102-9 SEIKU "W ImW aggregate price of which wncn added to the aggregate price of all services tneiotofore fuurnishod pvrsuan t hereto would exceed said sun- If at any time the Contractor considers it likely that the aggregate amount sci; forth in the schedule may be exceeded within 45 days, the Contra 1ctor will SO 'notify t:,.e Contracting Officer and the parties may. thereupon enter into negotiations for. . an amendment to or modificaton of this contract, as may be appropriate, Anything in this contract to the contrazy,.no:twithstanding, the Government shall not be obligated to pay to the Contractor any amount in excess of the sum allotted for this contract. 5, ASSIGIUINT OF CLAIMS (a) Pursuant to the provisions of the Assignment of Claims Act of 1940 as amended (31 U. S. Code 203, 41 U. S. Code 15), if this contract provides for payments aggregating w;1,O00 or moire, claims for moneys due or to becoi:iQ due to the Contractor from the Govei7nmont under this contract may be assigned to a bank, trust company, or other financing institution, including any Federal lending agency, and may thereafter be further assigned and re-- assigned to any such institution, Any such assignment or rc?.. assignment shall cover all amounts payable under this contract and not already paid$