NEGOTIATED CONTRACT CONTRACT NO. B-5111A
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP57-00011A001000170169-2
Release Decision:
RIPPUB
Original Classification:
S
Document Page Count:
47
Document Creation Date:
December 22, 2016
Document Release Date:
December 8, 2010
Sequence Number:
169
Case Number:
Publication Date:
June 26, 1956
Content Type:
MISC
File:
Attachment | Size |
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CIA-RDP57-00011A001000170169-2.pdf | 3.06 MB |
Body:
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2EGt IAU D COMACT Centswnt :4o. 1.41 14
Ealyd A~s?.Atomic Instrument Company
33 Uniwrrsity Itcsd
c,oabr3dte 38, chusstt.a
C ontract rots (!kw Amts 3,t7oo.00
:mil Iaroises tot
rwctorasww Aos1ow11w-zy
go w's-w See sebeduls,
Tns satiar~ Points
Canal.'., wrtta
This oo traat is antered into, by card between tit's Uzd t+od States of
i +sari oa, bwrsi na tm r *a' 'ad the C n ownt, ~r!~tprsss d ter ttr Gpst?ract..
ink tYZ'iow:' sssUtia this oo trret, and ttwr Iotao .Mori COntrsctar
attar,
fht. i is a Goryavratsan, Inewporatsd in teas tats at
hrtrsinarter called the Contractor.
The :?arti.a to is air,. U at tla* Goatraatw sosl.1 f raise the fsottit isa
and 4*Uv r all supplies a4 port ma all. t * ssarwiaws wt fak La the
attaaasd s"dals sewed viers sdr, for the asaawidw.ar "ioa staWd these"
T ruts OM ot~ligatie r of tsar pwtiss to this aoaU4wt shall be sub.
ject to rued Lammed by the sttaciad S&kaAl+s, Apps s I sr4 General
f rowiaioas, v iQb to rsr vitas this si stars M p and the ~wsowwpsc>yi
arrtitiss" s e i s e thecuwaat No. -.51214. In t h e *VMt of s
ira ox bet sn ties. +oduZr and the General. Pry, the
obwci le Steal . oa UV1.
IN MUESS ' 1ir3i t ", t bA pwU" aaurrrto haver =muted taxis contract air of
J 'June 19%..
}1nird /taepois-tss~Atomic Instrument The United .tats. of Anerl"
Company
fly
Gaattoi f3~Yissr
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It -......... ,..._..... - oartity Uat I as
tba
sa Ocsxtr for hlasin; tint
of the Caa'xata't ton am"
s44rad this aarttrsot o b iw1f at t kw Gaii ruetar bars t
at amid d ; rp r*LI n; that acid ooatract vas
d1 14 wed for and in bobalf of add Coot pta tiaa by aatbarity at
its ga it body, sad is vita too aaV* of its Gasfmrats powrs.
4-'
(+:c . S "I)
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?'AHT I 5UPFLX I AND LVIGF.S TO P I, iv
?A1 zI wC~S Ius kA S iv
PART III D .LIVM 3 X U - l A IGIPATCRY CO u v
PART IV 1' I( 33 TSS UATIc V
PAS V Pam PAXWOM3 Vi
PAM 11 123i CTION CP t3PPLI AND C GTZt Or MM TS 3 viii
PARE VU FiD [I*U Cf TMIALS OR I UWL S AT TICS
00YERM Is IOi i z
PAT VIII WAIVER OF OIDW* S Or C. XMAL ?1 YI ZM z
PASS` II IAL SWUMI MESIRICTIc z
'ART X =TO G>.*1TRtGt SUNJAMD
PART ZI I1S1 CTIi AND AUDIT
PART III 3LGIAL CCW&WIoi:
YAM' 1111 INSM1I0H AND AC; A xii
PART AIV 4'AG ISC CT M4%6 I :? VM 3
?ART AV
'At ' XVI 3>?!P~ 3 1~C Of ; VI
A' DIX I U5 I L 1' A iICILS A .a VIMS? MAX AM
A=Tm ac
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Contrast AD. (..5111 ,
PAR' I - 9PPIZU AND XM TO BE MU.3MD
A. The CORUWXUW Mau pre s the wppU.s aid mwvi ea
.et forth In the attached Appaatd c I, awmh Apps I beiaR a prim
of tie this aaate.st.
B. ~thataawdint the deasriptiaa above of the arm
and Maims to be tuz!uisbsd maw this aorriarast, the
t mt'tu ent
aayr, within tips &vnnLI so" at this aetrast at Its dtro et3an~
rewi s1 raa 8eleto wnioa, or addition I ao3..
and swY1498 the Veiod at this
too Gbafte Ord of %U& *~, 1*a' tdtt~ smutiods OCCU.4
PART II ?? C 1M AND PAX 'IIT
A. In saaoaMreae with the Glow of this aatraat stet ed
"F'A MIMS, " and aubjaat to rar!? r~ at the Pri" is 400096.
=w th tie yet at this 3.hedsla .aUtlad "MM ~wti Azlc~r
the COVWarr" ab,%U th! c:.mtraotw wq an aot~ist.stor7 p t'a!a>trtwo
of tax e
s as p tc t to be MWptiad t
the os Uwwmdiw, the ammmt of U5$,Q Q.OOq W" AUVAlt La the
total prise sat t. rh la AppwAlm It he sta.
U. As at the date at .m - at this osatsast, t lWO WW
bees al1att d for this aeatraet the moat sat tw%h .bow. This
amt is ar4jfat to iaamo or drarlma, is wrath the
part at this d astiitlM, "PRIM Ital." In di t a,
the C N --- s "t mqr insa!.mse this teat time to time a147 at
Its di,aa:wrtf~aa, aa.ti iaNearsd to be sob feat at the Prepw
time to the pweiadaar of the pacet at this anti tied, N c. " It at Ow time the Gent 'aster
he. reams to bal,l+oat that tqr aoaa ea at p moray tq it, at this
oaatraat, tis wre t able it An aareee*d the am allotted to this Sao.
tract, it stall tj, the Ccst err ung C t'ti. rr to that a test. Not..
tin tla-st.odi,xj a q quW.Prellmuft at t48 aaat matt, the Caatsastrr
SMLU not be ohlijatsd to ftwo4ah soar services pars lmat to this aa?
tract, it is the but Jet of thr Caster, the mart at w,oti
services 411 weed U* arro,rnt allotted to this Gentramt. blie coo.
area t a m.U not be tad to poi the wiftr this
amt air a wuut in .amets at the am a lottm .
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PART III - tZLIyttR!' SUMM14S A AaaTICIrAT *X CM5
A. DOUVW ' n ark 1ss aho be in ODOWdWM With t.bb d?-
Bray esht& s set forth in Apps It nerrsto.
B. AU note whi~ nays b"a incurred bnr the Geutraet~ae and
A" nerd to Gsttrsot Aa. B?SU t, in arttSolpa J=' at this *"t Mt
and prior to its steed, led s it inaarsed attar sipsdad wsuld
am bees soami s sd as allowhle itow at not to thus ssou%st,
shuell be eaudeaiAwsd as all wsbl* iuwr at note hwwm&w.
PAM IV - M IM I L'R?t IC
A. Dearaea QC the U" W* of the work os led for tW this
entreat and the peat uaaMrtaint~r as to the seat of psefoa on
I -gl g a , the pas'tisss adsse that the entreat prlms alt forth La
Amt I hwrsaf aqr be i araarad or dear sarud In amew4mme with
UO pow vLaiaos of this O LM".
B. filth" 3Q des ate the numnla"On or taeosinattoa at
this oou trast, the Coet r otoar viii the C~ix C Behar
a stataasat shwalags in sash tare araud detail so the Gaatromm,
OttLaar sip prrasoribr, the Gootriaterr's avert of poet the sup..
pine. or tmrn1a ig the sosnrioss ao1isrd ter hangar, tot r with
ash other iaEs Lion as ayr be psrtSswnt in the ae tie for
a ssds" 4wwJA ed Srsesuat to this sim"46 mean st OMMIMMUt Of
tar brew srs1 c tion at the GseUa ' a
tint attjnwc *s1l leans the rl t at all
rrraroasbl o um" to aaba or emam to be sub muolla Fwd wades and
imunts of Q e Gauta?rsuo e'a books, r s and baoaliuts so he myr
r"Mot.,
C. Upsn t i* fil3% of the sit and Other p rtilt t iu.-
L r at,i+oo r 'sd tqr p B at tZJa , U n tot
aped the Contrasting Qtia Alll PW@t4 hog 't Mo in dso& taltb
to admen wpm a- pries tar the aatiars on-
taraas`t wad ab, vim Mee ?Nate at MuGh atatamst, and other pertiaant
tatar~rratioe, a - a o e t t t a r t a t s awl + aa~aspsreaati+ard to the Coe?-
trastaar far the ps tai' s at this mift"k. In asta ming the
adast at aoy ss~tlsatsd sr~ tar p 'it to be tabs' Into t
in Z1ZLft so r+sd~steesrtnsi parias. eaarsri+uliruatlsd wl11 be givem to he
aatont to tae C~or~pr has pats If rthe aanstrast r4th .ttit
siaaeq, nosarasrq-, and laagrswstitgr. The rsaetaotoeiread prim alslall be
a s rpl+routmi ssrnaarat to this entreat.
(?)
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It Atha chart t4e 'I -A, jAn Cr
t~artllcii#
of this as x~a, the 60 p~~ l
ran a rs4,t ..
SOM
aiaaed p:ioe (rte tMa- fain U w prap*se of t is olrrrtae, Wall in.
air disrot oo*U# ir4 rest awes wd profit) is aqwWAM" 4th
the pry of this alien the ,fie to aM shad be a dis-
t* aonswuLng a q=wU= of fat within the mwm , of the slave
of this aSAtraat antitlad "DZ l fiZS,'
I. In the e+r~nt at a price iu=omw Um Gowwvm rein pqr
ar credit to the c:a tewt4w the tw wteiah the ssds ex d,rrd
purity MMU amwd the last iwlas 49a w" . In the coast CC a
beem*erw is Wies US conta'aetoor' 411 : or credit the eewwot at
+ doaftr to the Govw+miat in a i sa=w as than Caatraatja
Otti ear ay dircet.
F. Far =t of the FCWPNWS of the QIMW of this oontrmt
cet?ir.t`.l'.ed a'.TO ,,r,~O ,, a for Cast uaas ryai,m t`wewt to
{laralt'u
wili.iout 1 ~ w wtal. W'drall pig'
'the contrast prior of rlwt wt to stmd1), um emnuwt p ice
$ball be the ammUm" price ogres" Ypsa =&w pas..
pj C of this 020M as fttwatsaed. 'seder pas caph p at his aIamw
as tyre *am sq be.
?ABC V _ 35 P1e`l'1 3
A. Froptiurs MOM"Ss or. ' 4Vitu3 as pests
pew' to too", an Ocatre*t wady to OVOLTO" tar the Cararamt
msdw this veatra.t-, sq be wade Wm to f*LlegLug tame . sad a+ uM
Ume.
1. The Cone mew arf .cW "WO, trm tier to tare, suet oriie
peadsrrroa PSYN&ML to the Ccotrwtor UP= POV94'tyl' 40441W or
mud s aw pwfawwd kW it for the parfo mg- reae of this oostrsst.s
4100,090P That snob prop*" p"Usat i mu cot 4MWA the cast to the
G rester at the p ogee cad eesd up= rd iah p rrpt is cods,
whiab costs Mb&U be dot mined tram ovieirer,aae salmjtg4j Vq the Can.
trwtar srd be sacs as is sattat to the ca ..tin,
c ftieears wd PA's MWmatv That U no ar t sb&U the total of
prgstr (see F bade) sad at m MMed
ads rice ps a uts, it weds meads atrdsr this emmur*at, auerewd 9o parowt
of the total eeatrast PV140 of snppli,es or forviom aW.t to be
d*UVW ed.
as l d tad 4 to the pew 900 maw of Gcotzsstor's past
pwftrwj~U Ds abov% the C rr ewr- 411 be paid
meld dRlitrry arf of t ) aoutara? s =* w this cwtraat,,
a? iwt arc I t rr m t at to went* of tan
p.r t (10%) of the efost of mudgaiaj the sight (8) mgkmU, but not
eaa~edi .00 The total profit to be aa141wd rrlddor this
be deta~ns&
I "low raw with prad C of PAST Iii,
(VO
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HLttZ llULMDUAt'If , of Ueda ache dull.
3. Upon the nakiat of ' Ovsweas pq-srrsts Wader his
oaatrs*t, titla to ell pots not eriala, iz>,rrsatarriaes, arch k in
1200%0 , sad zase diwob1I to th rr+etoteroao ssgerdsed are
tt the Co treotarr .for t1 w p if Ga.@ at this a t and fl y
absr~e ti:srnoto aaxd,r rrrrfawad a calla practise sber31 rMst in the
tK1vorxf t9 PdraftlII D, That irothi ; hwW n shall deprive the Coo-
trrot. r of nurturer p , rs oc Sin& pests due e r to beeemis
4>ale hieanrwade r or rsliev tins ato>rsot oar or ghee Cosrpr -,' t, of acpr of
their rs'e riots or a -wam- WMAW this "erect.
E, The coatrt aterar represents sad rants that the Property
Won wt&toI wW pr?ograss psguent is made hss ere, airll be &Uwwod
of au 1ja and is aue~ of any lr -eietsoetvrrar up= rat
of a pa p nt.
F. In zerrrkJ ac pmt fm U w a 4*11ss ilroraisimd Aoromder
Umo rwa11 be teat tam the osnta'ect pr la a t k seise a WOP01%.
ticnata AMOVOL at Binh progress peter tbaretct`anrs Adder to the Co i..
trectorr, nadrar tim O"har1ty harou ooatsiaed.
C. It is r ooplood that property (included, wits mut list..
tatians oooarlated 014101 ashy spw ports, drauL fta i iou,
t wwk In aeteed pats and other thiz a called for ~ title to salmis
or asj err in the Go^em t pmranat t 4D this
410000 will from tier to Baas be used ir or punt in there try, emote
or paersaserian of the Caatrootor in widen with the
prrarftrrrrrsaas
of this aoatrrast. The Gentrastarl, sitbsrr barren or attar re sript at
dos of Tssa L'rntiaa at the option at the Gaare , NOW a quire
o dispose of pre errty to title is vested in the Gol"Musat
w3dw this a] Sari UPOR tams ap;aarawrd iV the trsmting OtTiarr;
El IM, That otter reselpt of tae of TsrrW-Gsti+ort, air swish
prcvperrty that is a pert at taer einatiaa iment4wy M' be wed or
dispssd of only in asamerdeaaas with the prs+diardoes at the t&oiraa-
ulatious.
speed price (in where at saqwdidtlau by the Cantre"W) Or this
proceeds reoriiard to, the Centzasttare (in eaw at otbmrr 4tspoeltion),
shape, to the sataert- that lush price sad parstreda do rat arumewd the
io-) A -a 4dated balsom at pr o- puts l erow4eec, be pold or
eras d to d to the Cresrrrrr+rrat as the t+rrstatreretlrad nicer direct;
and swap ualiquIdnitood balsam s 1 be . Cu rrr+sat
pe edu Lice: aunts MMW be sold by the Contrsertarr wits o t sppreovsl at
the Contrsstio tittiaaer but tine pzvoeads aril]. be sppliad an provided
in this ids ' 0i provided that w W cash P=V WAah is a pert at
4
"errassrrt3asa Inventory sq be sold ernly in sbasordeam with trier pae!o .
ads" of the t,w,einatiars%sadaor fpm risk
at loeor or or &soa s to popsrt r to sbiah title seats in
the Gowsma nt the provision na bsorftt.
I. It t us tr twat (s brr+r' shall remain in
the Government. Title to Government-Furnished property shall
not be affected by the incorporation or attachment thereof to
any property not owned by the Government, nor shall such Govern-
ment F-rnished property, or any part thereof, be or become a fix-
ure or lose its identity as personalty by reason of affixation to
any realty.
(d) The Government-Furnished property shall, unless otherwise
provided herein, be used only for the performance of this contract,
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(e) The Contractor shall maintain and adrr_~.nister, in accordance
with sound industrial practice, a program for the maintenance,
repair, protection and preservation of Government-Furnished
property, until disposed of by the Contractor in accordance
with this clause. In the event that damaged or defective
Government-Furnished property is delivered to the Contractor,
or any other damage occurs to Government-Furnished property, the
risk of which has been assumed by the Government under this con-
tract, the Government shall replace such items or the Contractor
shall make such repair of the property as the Government directs;
PROVIDED, HOWEVER, That if the Contractor cannot effect such re-
pair within the time required, the Contractor may reject such
property, The contract price includes no compensation to the
Contractor for the performance or any repair or replacement for
which the Government is responsible, and an equitable adjustment
will be made in the contract price for any such repair or re-
placement of Government-Furnished property made at the direction
of the Government. Any repair or replacement for which the Con-
tractor is responsible under the provisions of this contract shall
be accomplished by the Contractor at its own expense.
(f) (i) Except for loss, destruction or damage resulting from a
failure of the Contractor due to willful misconduct or lack of
good faith of any of the Contractor's managerial personnel as
defined herein, to maintain and administer the program for the
maintenance, repair, protection and preservation of the Govern-
ment-Furnished property, as required by paragraph (e) hereof,
and except as specifically provided in this contract, the Con-
tractor shall not be liable for loss or dEstruction of or damage
to the Government-Furnished property (A) caused by any peril while
the property is in transit off the Contractor's premises, or (B)
caused by any of the following perils while the property is on
the Contractor's or subcontractorfs premises, or on any other
premises where such property may properly be located, or by
removal therefrom because of any of the following perils:
(I) Fire; lightning; windstorm; vu. '_one; tornado;
hail; explosion; riot, riot attending a strike, civil
commotion; vandalism and malicious mischief; sabotage;
aircraft or object falling therefrom; vehicles running
on land or tracks, excluding vehicles owned or operated
by the Contr,.ctor or any agent or employee of the Con-
tractor; smoke; sprinkler leakage; earthquake or volcanic
eruption; flood, meaning thereby rising of a body of water;
hostile or warlike action, including action in hindering,
combating, or defending against an actual, impending or
expected attack by any government or sovereign power (de
jure or de facto), or by any authority using military,
naval, or air forces, or by an agent of any such govern-
ment, power, authority, or forces; or
SEMI
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SE7i
(II) Other peril, of a type not listed above, if
such other peril is customarily covered by insurance
(or by a reserve for self-insurance) in accordance with
the normal practice of the Contractor, or the prevailing
practice in the industry in which the Contractor is en-
gaged with respect to similar property in the same general
locale.
The perils as set forth in (A) and (B) above are hereinafter called
"excepted perils."
The term "Contractor's managerial personnel" as used herein
means the Contractor's directors, officers and any of its managers,
superintendents, or other equivalent representaives who have super-
vision or direction of (I) all or substantially all of the Contractor's
business; (II) all or substantially all of the Contractor's operation
at any one plant or separate location at which the contract is being
performed; (III) a separate and complete major industrial operation
in connection with the performance of this contract.
(ii) The Contractor represents that it is not including in
the price hereunder, and agrees that it will not hereafter in-
clude in any price to the Government, any charge or reserve for
insurance (including self-insurance funds or reserves covering
loss or destruction of or damage to the Government-Furnished
property caused by any excepted peril).
(iii) Upon the happening of loss or destruction of or
damage to any Government-Furnished property caused by an ex-
cepted peril, the Contractor shall notify the Contracting Officer
thereof, and shall communicate with the Loss and Salvage Organiza-
tion, if any, now or hereafter designated by the Contracting Officer,
and with the assistance of the Loss and Salvage Organization so de-
signated (unless the Contracting Officer has directed that no such
organization be employed), shall take all reasonable steps to pro-
tect the Government-Furnished property from further damage, separ-
at,.. the damaged and undamaged Government-Furnshed property in the
best possible order, and furnish to the Con=.-au.ting Officer a state-
ment of: (A) the lost, destroyed and damaged Government-Furnished
property, (B) the time and origin of the loss, destruction or
damage, (C) all known interests in commingled property of which
the Government-Furnished property is a part, and (D) the insurance,
if any, covering any part of or interest in such commingled property.
The Contractor shall be reimbursed for the expenditures made by it
in performing its obligations under this sub-paragraph (iii) (in-
cluding charges made to the Contractor by the Loss and Salvage
Organization, except any of such charges the payment of which the
Government has, at its option, assumed directly), to the extent
approved by the Contracting Officer and set forth in a Supple-
mental Agreement.
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(iv) With the approval of the Contracting Officer after
loss or destruction of or damage to Government-Furnished prop-
erty, and subject to such conditions and limitations as may be
imposed by the Contracting Officer, the Contractor may) in order
to minimize the loss to the Government or in order to permit re-
sumption of business or the like, sell for the account of the
Government any item of Government-Furnished property which has
been damaged beyond practicable repair, or which is so commingled
or combined with property of others, including the Contractor,
that separation is impracticable.
(v) Except to the extent of any loss or destruction of or
damage to Government-Furnished property for which the Contractor
is relieved of liability under the foregoing provisions of this
clause, and except for reasonable wear and tear or depreciation,
or the utilization of the Government-Furnished property in accord-
ance with the provisions of this contract, the Government-Furnished
property (other than property permitted to be sold) shall be re-
turned to the Government in as good condition as when received by
the Contractor in connection with this contract, or as repaired
under paragraph (e) above.
(vi) In the event the Contractor is reimbursed or compen-
sated for any loss or destruction of or damage to the Government-
Furnished property, caused by an excepted peril, it shall equita'.._:
reimburse the Government. The Contractor shall do nothing to pr;:;-
judice the Government's rights to recover against third parties
for any such loss, destruction or damage and, upon the request
of the Contracting Officer, shall at the Government's expense,
furnish to the Government all reasonable assistance and cooper-
ation (including the prosecution of suit aid the execution of
instruments of assignment in favor of the Government) in obtain-
ing recovery.
(g) The Contracting officer or his duly authorized representative
shall at all reasonable times have access to the premises wherein
any Government-Furnished property is located:
(h) Upon the completion of this contract) or at such earlier
dates as may be fixed by the Contracting Officer, the Contractor
shall submit, in a form acceptable to the Contracting Officer,
inventory schedules covering all items of Government-Furnished
property not consumed in the performance of this contract (in-
cluding any resulting scrap), or not theretofore delivered to
the Government, and shall deliver or make such other disposal
of such Government-Furnished property, as may be directed or
authorized by the Contracting Officer, Recoverable scrap from
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Government-Furnished property shall be reported in accordance
with a procedure and in such form as the Contracting Officer
may direct. The net proceeds of any such disposal shall be
credited to the contract price or shall be paid in such other
manner as the Contracting officer may direct.
(i) Directions of the Contracting Officer and communications of
the Contractor issued pursuant to this clause shall be in writing.
29. EMPLOYMENT OF ALIENS
If this contract calls for furnishing or constructing aircraft,,
aircraft parts, or aeronautical accessories, no aliens employed by
the Contractor shall be permitted to have access to the plans or
specifications, or the work under construction, or to participate
in the contract trials, without the written consent beforehand of
the Secretary or his duly authorized representative.
30. UTILIZATION OF SMALL BUSINESS CONCERNS
(a) It is the policy of the Government as declared by the Congress
to bring about the greatest utilization of small business concerns
which is consistent with efficient production.
(b) The Contractor agrees to accomplish the maximum amount of sub-
contracting to small business concerns that the Contractor finds to
be consistent with the efficient performance of this contract.
31. ALTERATIONS IN CONTRACT
The following alterations were made in this contract prior to
signature thereof by the parties to this contract:
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Sanitized Copy Approved for Release 2010/12/08: CIA-RDP57-00011AO01000170169-2