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: 
AttachmentSize
PDF icon CIA-RDP65-00523R000100030064-9.pdf492.3 KB
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 Approved For Release 2008/11/17: CIA-RDP65-00523R000100030064-9 Approved For Release 2008/11/17: CIA-RDP65-00523R000100030064-9 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 Approved For Release 2008/11/17: CIA-RDP65-00523R000100030064-9 Approved For Release 2008/11/17: CIA-RDP65-00523R000100030064-9 ? 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) Approved For Release 2008/11/17: CIA-RDP65-00523R000100030064-9 Approved For Release 2008/11/17: CIA-RDP65-00523R000100030064-9 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.._ Approved For Release 2008/11/17: CIA-RDP65-00523R000100030064-9 Approved For Release 2008/11/17: CIA-RDP65-00523R000100030064-9 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. Approved For Release 2008/11/17: CIA-RDP65-00523R000100030064-9 Approved For Release 2008/11/17: CIA-RDP65-00523R000100030064-9 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- Approved For Release 2008/11/17: CIA-RDP65-00523R000100030064-9 Approved For Release 2008/11/17: CIA-RDP65-00523ROO01 00030064-9 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 4*, -)r secu2'jt; fi.,1t'tcrs. SEt RfJ Approved For Release 2008/11/17: CIA-RDP65-00523R000100030064-9 Approved For Release 2008/11/17: CIA-RDP65-00523R000100030064-9 "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.. Approved For Release 2008/11/17: CIA-RDP65-00523R000100030064-9 Approved For Release 2008/11/17: CIA-RDP65-00523R000100030064-9 ..'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 Approved For Release 2008/11/17: CIA-RDP65-00523R000100030064-9