NEGOTIATED CONTRACT
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP65-00523R000100030064-9
Release Decision:
RIPPUB
Original Classification:
S
Document Page Count:
9
Document Creation Date:
December 21, 2016
Document Release Date:
November 17, 2008
Sequence Number:
64
Case Number:
Publication Date:
April 7, 1958
Content Type:
MISC
File:
Attachment | Size |
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Body:
Approved For Release 2008/11/17: CIA-RDP65-00523R000100030064-9
D it Invoice to :
of lit erica,
by the Omtracting O fteer
nanM Contractor Bch is a
of Pemoyivan", h fter called
The 1*rties hereto arr" that the { t ftrn the fto-13.1ties
and deliver all supplies and perform all the services set : brteh in f he
attached Schedule issued h tntder, for the consideration stated therein.
The ri tes and obli times of the `Ues to this contract sb&3 3 be subject
to end pverned by the StbMgW Schedule and Gf:neral Provisions. In the
vent of sAY inc'onat betwe t e Schedule and the General Provisions,
the Schedule shall control.
IN Warr ' , the
7 1958
08 hereto have eluted this contract as of
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AUTHORIZATION F REGIONAL MANAGERS TO SIGN P POSALS AND CONTRACTS
Extracts from Minutes of a Meeting of the Board of Directors
of Westinghouse Electric Corporation Held July 29, 1953
"Resolved, that the duly appointed Managers of the Regional Offices and of the Government
Office in Washington, D.C., of the Corporation, be and they hereby are authorized and empowered
to sign proposals and enter into contracts for the sale of apparatus and supplies on behalf of the Cor-
poration."
The following named persons are the duly appointed Managers of the Regional Offices and the
Government Office, Washington, D.C., of Westinghouse Electric Corporation.
Westinghouse Electric Corporation, do hereby certify that the
Witness my hand and the seal of the said Corporation duly attested by its Assistant Secretary this
6 June 58
........... th .............day of...................................... .................................19.............
WESTINGHOUSE ELECTRIC CORPORATION
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?
Contract No. HF-CT-694
CERTIFICATE
I, , certify that
I am the of the Corporation named
as Contractor herein; that who
signed this contract on behalf of the Contractor was then
of said Corporation; that said con-
tract was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its Cor-
porate powers.
(Corporate Seal)
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Contract No. HF CT-63k
INDEX TO SCHEDULE
PART I ARTICLES AND SUPPLIES TO BE FURNISHED ............... 4
PART II PROCEDURE FOR PRICING ............................... 5
PART III DELIVERY ............................................ 5
PART IV INSPECTION AND ACCEPTANCES .......................... 5
PART V PEP.IOD OF PERFORMANCE ............................... 6
PART VI ESTADLISI hNT OF A PRICING FOffi'IULA .................. 6
PART VII FUNDS ALLOTTED ....................................... 6
PART VIII WAIVER OF REQUIREMENTS OF GENERAL PROVISIONS ......... 6
PART IX SPECIAL SECURITY RESTRICTIONS ....................... 6
3.._
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a
Contract No. HF-CT-69t
SCHEDULE
PART I - Articles and Supplies to be Furnished
(a) The Contractor shall furnish to the Government such equipment,
spare parts, modification kits, components, and data for equipment of types
which are being or may hereinafter be manufactured by the Contractor as the
Government may call for hereunder.. Quantities of the supplies to be
furnished shall be determined as hereinafter provided.
(b) From time to time, the Government will furnish to the Con-
tractor, Production Lists, numbered serially, setting forth the items
which the Government desires to procure, together with the desired
delivery schedule and preservation, packaging, packing and marking
requirements therefor. Each such Production List shall set forth therein
the estimated dollar amount thereof. Supplies of a critical nature in
Production Lists shall be earmarked with an asterisk preceding the part
number and the Contractor agrees to achieve earliest possible delivery of
such items. The Contractor will promptly delete from said lists any items
rendered obsolete by design changes and insert in lieu thereof superseding
and interchangeable items, if any, in the same or lesser quantities, as
appropriate. Upon acceptance or after these deletions and insertions, if
any, the request will be an Approved Production List. The Contractor will
immediately transmit six copies of the Approved Production List, together
with any pertinent information concerning the superseded items and any
superseding noninterchangeable items to the Contracting Officer and his
duly authorized representatives so the superseding part numbers,-can be
procured on subsequent Production Lists. The Contractor will be obligated
to furnish the items in the quantities listed therein, and subject to its
2t3 Government will be
oblipated to +akp delivery of "J- . ... 5~; urnished an an Approved
Production :4st. iw;ere Approved Production Lists do not contain a
quantitative delivery schedule, the Contractor shall forward direct to
the Contracting Officer, an interim schedule indicating the estimated date
of delivery of critical supplies. The Contractor is hereby authorized to
make delivery in advance of the schedule appearing on any Approved
Production List under this contract.
(c) If it appears to the Contractor at any time that the total price
of the total quantity of items covered by any or all Approved Production
Lists is likely to exceed the funds allotted hereunder in PART VII, the
Contractor shall notify the Contracting Officer and the authorized
representative of the amount of such excess. Within thirty (30) days
after receipt of such notice, the Government will either notify the
Contractor it has taken action to increase the funds allotted, or will
notify the Contractor of the items or quantities to be deleted from such
Approved Production Lists in order to bring it within the dollar amount
thereof. If the Government fails to act within said thirty-day period,
the Contractor shall submit to the Contracting Officer and the authorized
representatives a recommendation of the parts to be deleted to bring the
Approved Production List within said dollar amount and the Contracting
Officer shall approve or disapprove such recommendations within ien (10)
days after receipt thereof. If the Contracting Officer fails to act
within said ten (10) day period, the recommendation of the Contractor
shall be deemed to have been approved and the Production Lists shall be
modified accordingly. If the Government deletes items or quantities
from an Approved. Production List;, such action shall be considered a
partial termination under the clause hereof entitled Termination for
Convenience of the Government.
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SECRET
V
Contract No. flF-Q!_691.
PART II - Procedure for Pricing
(a) As sooa as possible after receipt by the Contractor from the
Contracting Officer of a Production List, but in no event more than
sixty (60) days after such receipt, the Contractor shall prepare and
submit to the Contracting Officer a Proposed r ? oa Exhibit, numbered
the same as the Approved Production List with the unit and total prices
and delivery schedule covering the items shown thereon. A
original. and at least ten (10) ) copies; of the Proposed Price Exhibit will
be prepared and shall be delivered promptly by the Contractor to the
Contracting Officer. The reproducible and three-(3) copies shall carry
at the end thereof, a certificate manually signed by an officer or other
person authorized to bind the Contractor, stating that the prices therein
represent a firm quotation. Each such Exhibit shall require the written
approval of the Contracting Officer stating that the prices therein are
fair and reasonable. Each such Exhibit shall set forth therein the
total dollar amount.
(b) If the Proposed Priced Exhibit is approved by the Contracting"
Officer it shall be a numbered exhibit to the contract. If the Contrac-
ting Officer and the Contractor fitil to agree on Prices in the Proposed
Priced Exhibit, the failure to agree shall be dewed a disagreement as
to a question of fact which shall be disposed of in accordance with the
clause thereof entitled "Disputes". The Contracting Officer shall
reduce to writing by a Proposed Priced Exhibit his decision, contain-
ing prices he believes fair and reasonable. The prices decided by the
Contracting Officer shall be paid upon all deliveries, pending final
decision of the dispute.
(c) Upon approval of any Priced Exhibit, the Contracting Officer
shall deliver a copy thereof to the Contractor and forward one copy
thereof bearing his written approval, to the Finance Officer responsible
for making pay rants um4.e r this o cruet . Urn 3swra t' s acceptance
of delivery of any of the items listed em, an Approved Priced habit,
the Contractor shall be entitled to be paid therefor at the prices
shown on the Approved Priced Exhibit.
(d) The Contractor shall be paid upon the submission monthly of
l 'pl'y certified invoices or vouchers, for partial deliveries accepted
by the Government, or, when requested by the Contractor, payment for
accepted partial deliveries shall be made whenever such payment would
equal or exceed either $1,000.00 or 50% of the total amount of the
Approved Price Exhibit.
PART III - Delivery
Deliveries shall be made in accordance with the delivery schedules
set forth in the Approved Priced Exhibits as may be generated under this
contract frost tine to ai--
PART IV - Inspection and Acceptance
All supplies and services to be furnished under this contract shall
be shipped F.O.B. Contractor's Plant in accordance with shipping instruct-
ions to be issued at a later date. Inspection and acceptance of the
supplies or services called for herein, shall be made by the Government
at destination.
-5-
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SEC 10
Contract No. HF-CT-694
PART V - Period of Performance
(a) The Contractor shall furnish the articles and supplies requested
hereunder during the period 1 March 1958 thru 31 December 1958.
(b) The Goverment is granted the right and option of renewing or
extending this contract for any additional periods of time but not to
exceed 30 June 1959. This option to extend will be exercised by
issuance of an Amendment to this contract.
PART VI - Establishment of a Pricing Formula
The parties hereto shall neCotiate and establish a fixed pricing
method for certain periods of time. The agreed upon formula(ae) shall
be set forth in an amendment hereto.
PART VIInds Allotted
e purposes of this contract there has been a total sift of
allotted for the performance of work as may be called for
by the Government from time-to-tine. If, at any time, the Contractor
.is of the opinion that the cost of such work will exceed the amount
set forth above, it shall notify the Contracting Officer in accordance
with the provisions of paragraph (c) of PART I.
fART VI T_. - waiver : La ~; el; rat r~is.ons
Notwitnatanding the requirements of any of the f3eneral Provisions
of this contract tc the contrary, w'heasu,ever the Contractor, il:, performance
of the work under this contract, shall find that th requirements of any
of the clauses 'f the ,eneral Provisions are in conflict with security
instructions issued t`, tie Contractor by the Contracting Officer or by
his d.ly autiilzed representative for security matters, the Contractor
shall cal: the attention o the Contracting Officer to such conflict and
the Contracting Offi,^er or his duly authorized representative for security
matters shall (i ) modify o rescind sucn security r equirements or (ii) the
Contracting Officer shall issue to the Contractor a waiver of compliance
with the requirements of the teneral Provisions c:;nflictin with such
security requirements Any waiver of compliance with the 3eneral Provisions
of this contract issued by the Contracting Officer shall be in writing,
except that the approvad by the. Cuntractin. Officer of any subcontract
issued hereunder by the Cnr.tractt)r cha.1 icy deemed t-) constitute approval
of waiver of any clauses of the .;eaera:i Frov4siohs in c-)nf ict with the
stipu.i_at : ons of sic . su.hc:ontract .
PART IX - Special Security Restrictions
The Contract,-)r shall not reveal (i. tr., specific nature or any details
of the wort, be-in performed hereunder or (it any information whatsoever
with respect to the department of the iuvernr;ent sponsoring this contract
and the work thereunder except as the ~;ontract.jr is directed or permitted
to reveal such in'',rmation by the C,:ontraetin.f :,tffi,cer or bye r~is duly auth-
orized representative for secur. t r matters, an(' ti':)t;w'.t!;sta.`idirij: any clause
or section of this contract t) the c_t~ntrary, ,,hG C,_;:,trar~t,; shall not inter-
pret any c a;ms -r gr?`t.',.il -f t: { " ?utirwr;u-a 1111 r?ac`,4.'jni.r t-r c1e nIttirl
d.v11l-
eliCr o2 HU0I1 l oltrrrMHr,!tln t.r #ti v pa,-Rnn, n,ti+ i - n - vri `rst,', or "!' ? any officer
v!' Qep tIue1,L i L.c ~' S"IIIi.~;a w1Li.,`ti7, L. ::Xpl --se c JI1sLI1t toe C xntractirig
.._H t 1. , 3.C i. 1. zec : ;gipi c'$erxtat {
v e
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-)r secu2'jt; fi.,1t'tcrs.
SEt RfJ
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"Exhibit No. To Contract
Date
(Contractor
(.:ontracting Officer
It,e,
iThrt
+o. omericleture Qt_y. Ch.i ir:e Total. ?rice
l -"`;2rl'o z~~~r3 stmt^her 2~. 10.
)Pli~T'rj' ~r1~71e: o;' a;cue' ~~irts tG P? '!aCe i9`.'~
?ricer are fair and reasora::le thi3
'X:.L it i,5 I ,roc, a_ppr',.?eo.
r` .ctc;: warrar:t pr'.':eS cor.'''~r'~ to tl.r;
r?? f-r'nz.a effc' t on rite of is
rt t .
' ra..
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..'6uIILI
Produot,ior. List No. To Contract No, ' k.
Frorr,
(Authorized Representative)
fon tractor
T(ircu !.
oet,ractir.~. Officer
item mart
r;o, No, `,ornen:,1ature ^ty Es't ;ost eparka
Frf:u +.:z?vt t tc ~., rack i :i , Packapin' and Preservation: L-rts is ~3esired 1a
A-r
~~ F tEe ~_~
Jig" ell
tAL' Jr1 ec ~ f r.r eS . ,ti~7C
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