CONTRACT NO. FM-450 WITH MARK SYSTEMS INC. RECOMMENDATION TO CLOSE OUT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00074R000500330001-6
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 11
• Document Creation Date: December 21, 2016
• Document Release Date: January 6, 2009
• Sequence Number: 1
• Publication Date: November 22, 1965
• Content Type: MEMO

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SECRET
EAR-0850-65
Copy L of 3
22NOV
19 r
MEMORANDUM FOR: Chief, Budget and Finance, OSA
SUBJECT: Contract No. FM-450 with Mark Systems, Inc.
Recommendation to close out.
1. This is to advise that Contract No. FM-450, a CPFF
Contract has been completed, and the In-Flight Processing
Magazine procured thereunder has been accepted by the Govern-
ment. For your action in closing out subject contract there
is attached hereto the following:
A. Letter from Contractor, dated 4 November 1965.
B. Contractor's Assignment of Refunds, Rebates, Credits,
and other Amounts.
C. Copy of Confirmatory License Agreement (Original will
be retained in this office under "Patents" file for
further patent action).
D. Report of Inventions and Subcontracts.
E. Contractor's Release.
F. Final Invoice.
G. Final Audit Report.
2. It is trusted that the above information will suffice the
closing out of your records, and when such is accepted, that this
office be advised in order that our files may be sent to Archives.
ie , o tra.ats- Division, OSA
CD/OSA/DDS&T I:nr (22 Nov 65)
DIST: 1 - C BFB OSA
2 - CD/OSA - FM-450
3 - RB/OSA
SEA;-
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4 November 1964
The purpose of this letter is to close out the few administrative
details of the referenced contract. As you know, our effort has
been completed, all invoices have been paid, and the contract has
been and it`d by your reparesentat ive .
Your representative has regwsted we forward this letter outlining
the action (if any) we have taken concerning the items specified
below.
a. Royalties. Mark Systems certifies that royalties have
not been paid and are not to be paid in connection
with the performance of the above identified contract.
b. Assi of Rebates and Credits,, SMkID Form 126 has
been completed and is attached,
c. Report of Inventions and Subcontracts. DD Form 882
and a confirmatory license has been completed and is
attached.
d. Residual Inventory. Mark Systems, Inc., certifies that
there was no residual inventory in connection with the
performance of the above identified interest.
e. Contractors Release. Complete and attached.
It. Final Invoice. Attached.
If there are any other administrative details we should complete
to allow you to close out this contract please advise us
accordingly and we will assist you in any manner possible.
Very truly yours,
STAT
LICK: jc
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CONTRACTOR'S ASSIGNMENT OF REFUNDS, REBATES, CREDITS, AND OTHER AMOUNTS
Contract Number
50
FM-450
Pursuant to the terms of Contract No. FM-450 and i
consideration of the reimbursement of costs and payment of fee, as provided in the said
contract and any assignment thereunder, Wdxx
MARK SYSTEMS INC 2999 San Ysidro Wa Santa Clara, California
Contractors Name & Address)
(hereinafter called the Contractor) does hereby:
1. Assign, transfer, set over and release to the UNITED STATES OF AMERICA, (here-
inafter called the Government), all right, title and interest to all refunds, rebates,
credits, and other amounts (including any interest thereon) arising out of the perform-
ance of the said contract, together with all the rights of action accrued to which may
hereafter accrue thereunder, (except those for refunds, rebates, or credits for taxes
paid to the State of California or any political subdivision thereof).
2. Agree to take whatever action may be necessary to effect prompt collection of
all refunds, rebates, credits, and other amounts (including any interest thereon) due
or which may become due, and to promptly forward to the ( Contracting Officer?
checks (made payable to the Treasurer of the United States for any proceeds so
collected. The reasonable costs of any such action to effect collection shall consti-
tute allowable costs when approved by the Contracting Officer as stated in the said con-
tract and may be applied to reduce any amounts otherwise payable to the Government under
the terms hereof.
3. Agree to cooperate fully with the Government as to any claim or suit in
connection with refunds, rebates, credits or other amounts due (including any interest
thereon); to execute any protest, pleading, application, power of attorney, or other
papers in connection therewith; arr3 to permit the Government to represent it at any
hearing, trial or other proceeding arising out of such claim or suit.
4. In the event the contractor obtains or receives any refund, rebate, or credit
for taxes paid to the State of California or any political subdivision thereof, in
connection with the performance of this contract, and for which the contractor is paid
or reimbursed by the Government, the contractor agrees to pay over to the Government
an amount equal to such refund or credit (including interest paid or credited to the
contractor incident to such refund or credit to the extent such interest was earned
after the contractor was paid or reimbursed by the Government for such taxes). In the
event the contractor receives any benefit in lieu of or in addition to such refund, re-
bate, or credit, the contractor agrees to pay o^ier to the Government an amount equal to
such benefit.
N WITNESS WHEREOF, this assignment has been executed this_4tiay of Nov mber 19.4
MARK SYSTEMS, INC-
Contractor
STAT
\ < B
TI E =ontr
NOTE: In the case of a corporation, witnesses are not required, but the certificate
on the reverse hereof must be completed.)
SMHO Form 126 Replaces SMHO Form 126, Aug 58 Which is Obsolete
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, certify that I am the Treasurer
f the corporation named as Contractor in the
official title
foregoing assignment; who signed said assignment
on behalf of the Contractor was then Contracts Administrator of said corporation;
official title)
that said assignment was duly signed for and in behalf of said corporation by authorit
of its governing body and is within the scope of its corporatee powers.
(CORPORATE SEAL)
STAT
STAT
STAT
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CONFIRMATORY LICENSE
In consideration of one dollar and other good and valuable
consideration, receipt of which is hereby acknowledged, the undersigned,
MARK SYSTEMS, INC.
hereinafter called the Licensor, does hereby grant to the Government of
the United States of America, hereinafter called the Government, a non-
exclusive, irrevocable, non-transferable, royalty-free license to
practice, and cause to be practiced for the Government, throughout the
world, in the manufacture, use, and disposition according to law, of
any article,or material, and in the use of any method, the invention
disclosed in the following:
n by
employees of MARKS SYSTEMS, INC.;
Serial not 397,590;
Filing Date: September 18, 1964
For: Film Processing Magazine
It is further understood and agreed that the acceptance of this
license or any of the terms hereof does not preclude the Government
from asserting rights commensurate with the provisions of any agree-
ment between the Government and the Licensor or any other rights of
the Government with respect to said invention.
Signed this 4T8 day of EDVEMSER
19 64
MARK SYSTEMS, INC.
T.i rannnr
STAT
STAT
STAT
(seal)
ATTEST
BB
usiness ess)
Treasurer
MARK SYSTEMS, Inc.
2999 San Ysidro Way,
Santa Clara, California
Accepted for the benefit of the Government this day of
19
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REPORT OF INVENTIONS AND SUBCONTRACTS
(Pursuant to "Patent Rights" Contract Clause)
This form may be used for INTERIM and FINAL reports, and
when used shall be completed and forwarded to the Contracting
Officer in triplicate.
An INTERIM report shall be submitted at least every twelve
months, commencing with the date of the contract, and should
include only those Inventions and subcontracts for which com-
plete information has not previously been reported.
1. NAME AND ADDRESS OF CONTRACTOR
MAKK SYSTEMS, INC.
2999 San Ysidro Way
Form Approved
Budget Bureau No. 22-R160
A FINAL report shall be submitted as soon as practicable
after the work under the contract is complete and shall in-
clude (a) a summary of all inventions required by the contract
to be reported, including all inventions previously reported
and any inventions since the last INTERIM report; and (b)
any required information for subcontracts which has not pre-
viously been reported.
SECTION I - INVENTIONS ("Subject Inventions" required to be reported by the "Patent Rights" clause)
4. INVENTION DATA (check one)
0a. THERE WERE NO INVENTIONS WHICH REASONABLY APPEAR TO OE PATENTABLE
cJD. LISTED BELOW ARE INVENTIONS WHICH REASONABLY APPEAR TO OE PATENTABLE. ANY INVENTION DISCLOSURES WHICH
HAVE NOT BEEN PREVIOUSLY SUBMITTED TO THE CONTRACTING OFFICER ARE ATTACHED TO THIS REPORT.
PATENT
APPLICATION
SERIAL NUMBER
AND CONTRAC-
TOR'S DOCKET NO.
(IV)
CONTRACTOR
HAS FILED
OR WILL FILE
U.S. PATENT
APPLICATION
Employees of MARK
SYSTEMS, INC.
Film Processing
Magazine
397,590
S. LISTED BELOW IS INFORMATION REQUIRED BUT NOT
(U
(CONFIRMATORY
LICENSE OR
ASSIGNMENT HAS
BEEN FORWARD-
ED TO CONTRAC-
TING OFFICER
(III) DATE CLAUSE
FURNISHED TO CON-
TRACTING OFFICER
(Ir) DATE
SUBCONTRACT
COMPLETED
CONTRACTOR CERTIFIES THAT THIS REPORT OF INVENTIONS AND SUBCONTRACTS INCLUDING ANY ATTACHMENTS,
IS CORRECT TO THE BEST OF THE CONTRACTOR'S KNOWLEDGE AND BELIEF.
DATE
11-4-64
DD s 882
tNoRve
SIGNATURE
A
STAT
ISTAT
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Contract No. F,_450
Pursuant to the terms of Contract No. FM-450 and in consideration
of the sum ofThirty Seven Thousand Nine Hundred Ninty Nine and 80/100oliars
($ **37, 999.80*******-A) which has been or is to be paid under the said contract to
MAR SYSTEMS,, INC-, 2999 San Ysidro Way, Santa C1 ara(, inafter call the Con-
(Contractor's name and address)
tractor) or its assignees, if any, the Contractor, upon payment of the said sum by the
UNITED STATES OF AMERICA (hereinafter called the Government), does remise, re-
lease, and discharge the Government, its officers, agents, and employees, of and from
all liabilities, obligations, claims, and demands whatsoever under or arising from the
said contract, except:
1. Specified claims in stated amounts or in estimated amounts where the amounts
are not susceptible of exact statement by the Contractor, as follows:
2. Claims, together with reasonable expenses incidental thereto, based upon the
liabilities of the Contractor to third parties arising out of the performance of the said con
tract, which are not known to the Contractor on the date of the execution of this release
and of which the Contractor gives notice in writing to the Contracting Officer within the
period specified in the said contract.
3. Claims for reimbursement of costs (other than expenses of the Contractor
by reason of its indemnification of the Government against patent liability), including
reasonable expenses incidental thereto, incurred by the Contractor under the provisions
of the said contract relating to patents.
The Contractor agrees, in connection with patent matters and with claims
which are not released as set forth above, that it will comply with all of the provisions of
the said contract, including without limitation those provisions relating to notification to
the Contracting Officer and relating to the defense or prosecution of litigation.
IN WITNESS WHEREOF, this release has been executed this 4th day of
November 19 64 MARK-SYSTEMS.
B STAT
(NOTE:
BY
TITLE
In the case of a corporation witnesses are
below must be completed.)
CERTIFICATE
not required, but the certificate
certify that I am the
Treasurer
(offici
of the corporation named as Contractor in the foregoing release; tha
STAT
STAT
who signed said release on behalf of the Contractor was then
(official title)
of said corporation; that said release was duly signed for and in behalf of said corpor-
ation by authority of its governing body and is within th s i powers.
STAT
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MARK SYSTEMS, INC.
2999 San Ysidro Way
Santa Clara, California
Telephone [phone]
Area Code 408
7 ..AAA
Shipment No.
Part ina l
Date
r
I
Routing
B/L No.
Change Ord.No.
IF ROUTING AND CASE NUMBERS ARE NOT SHOWN REFER TO ATTACHED B/L OR EXPRESS RECEIPT
tem
Qty.
Qty.
Unit
Ord.
Description
Shpd
B/O
Price
Amount
FINAL INVOICE
For services performed by Mark System
s as
auth
ized
by contract:
Total amount billed:
37,999.
0
Less amount paid
(37,999.
0)
Total amount due
-0-
This is to certify that there are no
;out
tend
g costs
o
be paid on this c ontract.
STAT
r
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REPLY TO
ATTN OF:
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS UNITED STATES AIR FORCE
WASHINGTON 25, D.C.
osA-1400-64
#1247
Auditor General Representative (APL)
P. 0. Box 8155
S. W. Station
Washington, D. C.
13 March 1964
SUBJECT: Report on Final Audit of CPFF Prime Contract FM-450
Mark Systems, Inc., Santa Clara, California
TO Contracting Officer
1. This is the final audit report under the subject CPFF contract
for which the performance period commenced 6 May 1963 and ended 25
October 1963. The Contractor was authorized to design, fabricate and
field test an experimental KA-45 (camera) in-flight processing magazine
and web preparation tank. Funds allotted to the program amounted to
$38,000. The contractor submitted a claim for costs of $35,185 and fee
of $2,814.80 for a total of $37,999.80? It should be noted that although
the contract provided for a 15% fee holdback, the contractor billed,
and was reimbursed, the fee in full prior to final audit.
2. A summary of incurred costs are detailed in Exhibit A and
the results of audit are as follows:
Total costs claimed and approved
$35,185.00
Fixed Fee
2,814.80.
Total Approved
37,999.
Allowable costs were determined in accordance with Part 2, Section
XV, Armed Services Procurement Regulations and other terms of the contract.
3. There are no known potential credits or refunds. There are no
unclaimed deposits or unpresented checks outstanding. There are no
known scrap or other credits due with respect to property either acquired
or furnished by the Government under the contract.
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4. The Contractor had indicated there is no residue material,
that all purchased materials became an end item and delivered to the
customer and that no government property remained on hand under this
contract.
;ECN[O
STAT
Auditor General Representative (APL)
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