RADIO SETS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-03424A001200110033-2
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 20
• Document Creation Date: December 22, 2016
• Document Release Date: February 22, 2012
• Sequence Number: 33
• Publication Date: June 26, 1958
• Content Type: FORM

Declassified in Part - Sanitized Copy Approved for Release 2012/02/22 : CIA-RDP78-03424AO01200110033-2 25X1
25X1
NEGOTIATED CONTRACT (SUPPLIES AND SERVICES)
__W
T RACT/TASK ORDER NO.
REQ THER PUR ASE AUTITp
y?E ?~I
N I
yy11
58-12519 o46-1.2519-8
t
ISSUING OFFICE
NAME
ADDRESS
CONTRACTOR 25
NAME
ADDRESS
CONTRACT FOR
AMOUNT Subject, to
provision 39 hereo
Radio Sets
s94,299.00
APPROPRIATION AND OITHER ADMINISTRATIVE DATA
6 1 J.," 03.3x... Flo ... ~~_
~tl,i~ ~aaSS _I ., , ~.~~ C
Jusy
This negotiated contract is entered into pursuant to statutory authority and any required determination and findings have been
made.
This contract is entered into, by and between the United States of America, hereinafter called the Government, represented by the
Contracting Officer executing this contract, and above named Contractor who is an F-1 Individual, Partnership, ]Corporation,
S
h
i
f
i
d i
h
f
ll
d
h
-C
tate o
ere
na
ter ca
e
ncorporate
n t
e
,
ontractor.
t
e
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, or Task Orders, issued hereunder, for the consideration stated therein.
The rights and obligations of the parties to this contract shall be subject to.and governed by the terms and conditions on the re-
verse hereof, attached Schedule and General Provisions. To the extent of any inconsistency between the Schedule and General
Provisions, and any specifications or other provisions which are made a part of the contract by reference or otherwise, the Schedule
and the General Provisions shall control. To the extent of any inconsistency between the Schedule and the General Provisions,
the Schedule shall control.
The Contractor represents (a) that it Q is, is not, a small business concern. For this purpose, a small business concern is
' oncern that (i) is not dominant in its fielpof operation and, with its affiliates, employs fewer than 500 employees, or (ii) is
oified as a small business concern b
the Small Business Administration
(See Code of Federal Re
Title 13
Ch
II
Part
y
.
g.,
,
.
,
103, 21 Fed. Reg. 9708, which contains the detailed definition and related procedures.), (b) that it E] has, has not, previously
been denied a Small Business Certificate by the Small Business Administration, and (c) if offeror is a regular dealer, it also rep-
resents that all supplies to be furnished hereunder will, E] will not be manufactured or produced in the United States or its
territories or possessions by a small business manu acturer or producer; and, further, makes the representations regarding contin-
gent or other fees, set forth on the reverse hereof.
IN WITNESS WHEREOF, the parties hereto have executed this contract as of 26 June 19__58.
STGNATTIRFS print all names under all signatures) ~`.-=---~--`
CONTRACTOR THE UNITED STATES OF AMERICA
BY BY
TITLE CONTRACTING OFFICER
WITNESSES (In case of corporation, witnesses not required, but certificate on the reverse must a comp e e
NOTICE
This material contains information affecting the National Defense of the United
States within the meaning of the Espionage Laws, Title 18, U.S.C. Secs. 793 and
794, the transmission or revelation of which in any manner to an unauthorized
person is prohibited by law.
- ONFllDEN1 AL
FORM
3-58 1398 FRONT (When Filled In)
25X1
25X1
Declassified in Part - Sanitized Copy Approved for Release 2012/02/22 : CIA-RDP78-03424AO01200110033-2
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/22 : CIA-RDP78-03424AO01200110033-2
FORM 1398 BACK
3-58
SECRET
(When Filled In)
This contract and correspondence relating thereto must be handled in strict accordance with classified
handling and storage instructions furnished the contractor under separate cover by the procuring activity.
Contractor, if a corporation, should cause the following certificate to be executed under its cor-
NOTE?
porate seal, provided that the same officer shall not execute both the contract and the certificate.
CERTIFICATE
I, certify that I am the
of the corporation named as Contractor herein; that
who signed this contract on behalf of the Con-
tractor, was then of said corporation; that said
contract was duly signed for and in behalf of said corporation by authority of its governing body, and is
within the scope of its corporate powers.
(Corporate Seal)
(SIGNATURE)
CONTRACTOR'S STATEMENT OF CONTINGENT OR OTHER FEES
The Contractor represents: (a) that he = has, Q has not, employed or retained any company or person (other than
a full-time bona fide employee working solely for the Contractor) to solicit or secure this contract; and (b) that he
Q has, = has not, paid or agreed to pay to any company or person (other than a full-time bona fide employee
working solely for the Contractor) any fee, commission, percentage or brokerage fee, contingent upon or resulting from
the award of this contract, and agrees to furnish information relating thereto as requested by the Contracting officer.
(Note: For interpretation of the representation, including the term "bona fide employee, see General Services Admin-
istration Regulations, Title 44, Secs. 150.7 and 150.5(d), Fed. Reg. Dec. 31, 1952, Vol. 17, No. 253.)
TERMS AND CONDITIONS
1. SELLER'S INVOICES --Invoices shall be prepared and
3. DISCOUNTS: In connection with any discount offered,
submitted in triplicate unless otherwise specified. Invoices
time will be computed from date of delivery of the supplies to
shall contain the following information: Contract number,
carrier when delivery and acceptance are at point of origin or
Order number (if any), Item number; contract description
from date of delivery at destination or port of embarkation
of supplies or services, sizes, quantities, unit prices,
when delivery and acceptance are at either of those points, or
and extended totals. Bill of lading number and weight
from date correct invoice or voucher (properly certified by the
of shipment will be shown for shipments made on Gov-
Contractor) is received in the office specified by the Govern-
ernment bills of lading. The Contractor or his author-
ment if the latter date is later than the date of delivery.
ized representative will sign ONLY the original (ribbon
4. SAMPLES: Samples of items, when required, must be
typed copy, if typed). When the invoice is signed or re-
submitted within the time specified and at no expense to the
ceipted in the name of a company or corporation the name
Government. If not destroyed by testing, they will be returned
of the person signing, as well as the capacity in which
at Contractor's request and expense, unless otherwise spec-
he signs, must appear. For example: "John Doe Com-
ified in the Schedule.
pany, by John Smith, Secretary," "Treasurer," or as the
5. GOVERNMENT-FURNISHED PROPERTY -- No ma-
case may be.
terial, labor, or facilities will be furnished by the Government
2. LABOR INFORMATION -- Attention is invited to the
unless otherwise provided in the Schedule.
possibility that wage determinations may have been made
6. AGENTS -- Contracts signed by an agent must be ac-
under the Walsh-Healey Public Contracts Act providing
companied by evidence of his authority.
minimum wages for employees engaged in the manufac-
7. ALTERATIONS -- Any alterations in this contract
ture for sale to the Government of the supplies covered
made by the Contractor must be initialed by both the Con-
by this contract. Information in this connection, as well
tractor and Contracting Officer.
as general information as to the requirements of the act
8. MISTAKES -- Contractors are expected to examine the
concerning overtime payment, child labor, safety and health
drawings, specifications, circulars, schedule and allinstruc-
provisions, etc. may be obtained from Wage and Hour
tions pertaining to the supplies or services. Failure to do so
and Public Contracts Division, Department of Labor, Wash-
will be at the Contractor's risk. In case of mistake in ex-
ington 25, D. C.
tension of price the unit price will govern.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/22 : CIA-RDP78-03424AO01200110033-2
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/22 : CIA-RDP78-03424AO01200110033-2 X1
SCHEDULE
PAGE
NO.
NUMBER
OF
AGES
~~~III+++
(SUPPLY CONTRACT) SECRET
1
P
SCHEDULE
a The supplies or services to be furnished, the specifications, the discounts, the time and place of delivery, and any other special terms
and conditions applicable to the Contract, Invitation for Bids, or Request for Proposals (as applicable) are set forth below. .
REQUISITION NO. OR OTHER PURCHASE AUTHORITY
CONTRACT/TASK ORDER/INVITATION/REQUEST NO. (as applicable)
58-12519
o46-12519-8
SHIP TO (consignee and destination)
MAIL INVOICES TO
To be picked up by the Government
at the Contractor's Plant
Issuing Office
PERFORMANCE PERIOD/DELIVERY SCHEDULE Prototype for acceptance testing shall be available by
31 October 1958. Performance shall be completed within two months after receipt by the
Contractor of the Contracting Officer's acceptance of the prototype.
DEL
IVERY F.O.B.
INSPECTION
At Contractor's Plant
FO
NTRACTOR, BIDDER OR OFFEROR FOR PROMPT PAYMENT
10 CALENDAR DAYS PERCENT 20 CALENDAR DAYS PERCENT 30 CALENDAR DAYS PERCENT
ITEM
NO.
SUPPLIES OR SERVICES
QUANTITY
(Number of
UNIT
UNIT
PRICE
AMOUNT
Units)
1.
Engineering and drafting necessary to
provide commercial type operating and
maintenance manual, manufacturing
drawings sufficient to reproduce RS-16A
field units by persons skilled in the
art, and such mechanical and electrical
modifications to the present unit (sample
RS-16A unit to be furnished by the Gov-
ernment to the Contractor as provided
herein) as are required to correct im-
proper construction techniques.
for
he s
of
$14,349.00
2,
Radio Set: RS-16A, incorporating the
improvements provided under Item 1 above;
TOTAL
'
NAME OF CC
2E
NOTICE
This material contains information affecting the National Defense of the United
States within the meaning of the Espionage Laws, Title 18, U.S.C. Secs. 793 and
794, the transmission or revelation of which in any manner to an unauthorized
person is prohibited by law.
FORM 141
3.58
(12-41%
25X1
Declassified in Part - Sanitized Copy Approved for Release 2012/02/22 : CIA-RDP78-03424AO01200110033-2
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/22 : CIA-RDP78-03424AO01200110033-2
CONTINUATION SHEET roe
CONTRACT,
No. (As app
REQUEST OR INVITATION
licable)
PAGE
NO.
'(SUPPLY CONTRACT) SE0
0
46-12519-8
2
ITEM
NO.
SUPPLIES OR SERVICES
QUANTITY
(Number of
UNIT
UNIT
PRICE
AMOUNT
Units)
2
ont'
10
ea
7,995
$79,950.00
Y.
The Government shall timely furnish to
he Contr
ctor
in exist
ng
RS-16A unit, specifications of the crystal f:
equencie
desi
ed for
each
unit, an overall schematic of the RS-16A, app
licable
vaila
le draw
ings
and assistance in test and final check out o
the imp
oved
S-16A u
nits
provided by the Contractor under Item 2 hereo
f. The
imnits
roduced
under
Item 2 shall equal in performance the exists
g RS-16A
provi
ed by t
ie
Government purusant to the above.
PACKING AND PACKAGING:
Shall be in accordance with standard com
mercial
practi
:!e for d
omestic
shipment, as set forth in the uniform freight
classif
catio
for co
mmer-
cial practice, to assure safe arrival at dest
ination
n ser
cable
con-
dition.
ADDITIONAL PROVISIONS:
The attached provisions 35, 36, 37, 38 a
nd 39 en
titled
"Patent
Rights/',"Government Furnished Property", "Spe
cial Too
Ling"
"Rights
In
Data -- Unlimited" and "Price Redeterminatio
", respe
,
ctivel
y
were
added to this contract prior to its execution
by the"
rtie
,
hereto
RIGHTS IN DATA
The Contractor shall: (i) make written
disclosur
e pro
mptly an
deliver to the Contracting Officer reports co
ncerning
all "S
ubject
atat`
as defined in the provision hereof entitled "
RIGHTS I
DATA
- UN
,
TED"
of the Contractor which are conceived or fire
reduce
to pr
actice
,
wring
the term of this contract, as a result of the
work pe
forme
hereun
er and
as such, this "Subject Data" shall be deemed
to come w
ithin
the mea
ing
of the said."RIGHTS IN DATA - UNLIMITED" prov
ision he
eof o
(ii) c
rtify
to the Contracting Officer that, to the best
of the Co
ntract
or's kno
wledge
and belief, no "Subject Data" was conceived o
first
educe
to prac
tice
during the term of this contract as a result
of the wo
rk pe
formed
erg-
under.
subject
to pro
vision
hereo
f.
TOTAL
2
NAME OF CON
TRACTOR BIDDER OR OFFEROR
2
NOTICE
This material contains information affecting the National Defense of the United
States within the meaning of the Espionage Laws, Title 18, U.S.C. Secs. 793 and
794, the transmission or revelation of which in any manner to an unauthorized
person is prohibited by law.
SECRET
FORM 1412b (12-41) 25X1
Declassified in Part - Sanitized Copy Approved for Release 2012/02/22 : CIA-RDP78-03424AO01200110033-2
5X1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/22 : CIA-RDP78-03424A001200110033-2
(SCHEDULE) SEC ET
046-12519-8
SECURITY REQUIREMENTS:
With reference to provision 33 hereof relative to the security
aspects of this contract, the following shall be added:
NOTICE
This material contains information affecting the National Defense of the United
States within the meaning of the Espionage Laws, Title 18, U.S.C. Secs. 793 and
794, the transmission or revelation of which in any manner to an unauthorized
person is prohibited by law.
SECRET
3.58 1412a
"In addition to the above, all phases of this contract
including the end item to be delivered thereunder are secu-
rity classified "SECRET ~?
Accordingly, the Contractor shall dilegently comply with all
security instructions and agreements conveyed by the Govern-
ment in connection therewith.
(When Filled In)
(12-41)
25X1
Declassified in Part - Sanitized Copy Approved for Release 2012/02/22 : CIA-RDP78-03424A001200110033-2
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/22 : CIA-RDP78-03424AO01200110033-2
5 PATENT RIGHTS
(a) As used in this clause, the following terms shall have the mean-
ings set forth below:
(i) The term "Subject Invention" means by invention, lmprovem
went, or discovery (whether or not patentable) conceived or
first actually reduced to practice either--
(A) in the performance of the experimental, developmental,
or research work called for or required under this con-
tract; or
(B) in the' performance of any experimental,, developmental,
or research work relating to the subject matter of this
contract which was done upon an understanding in writing
that a contract would be awarded;
provided th ifthe term, ""Subject Invention" shall not include
any invention'which is specifically identified and listed in
tlae Schedule for the purpose of excluding it from the license
granted by this clause.
(ii) The term "Technical PersonnelP4 means any person employed
by or working under contract with the Contractor (other than
a subcontractor whose responsibilities with respect to rights
accruing to the Government in.inventions arising under sub-
contracts set forth in (g), (h), and (i) below) who, by reason
of the nature of his duties in connection with the performance
of this contract, would reasonably be expected to make in-
ventions.
(iii) The terms "subcontract" and "subcontractor" means any
subcontract or subcontractor of the Contractor, and any lower-
tier subcontractor or subcontractor under this contract.
(b) (1) The Contractor' agrees to and does hereby grant to the Gov-
ernment an irrevocable, nonexclusive, nontransferable, and royalty-
free license to practice, and cause to be practiced by or for the United
Itates Government, throughout the world, each Subject Invention in the
manufacture, use and disposition according to law, of any article or
material, and in use of any method. No license granted herein shall convey
any right to the Government to manufacture, have manufactured, or use any
Subject -Invention for the purpose of providing aeicea or supplies to the
genera]: public in competition with the Contractor;-or the Contractor's ;c mere
vial licensees in the licensed fields.
(2) With respect to:
(i) any Subject Invention made by other than Technical Per-
sonnel;
(ii). any Subject Invention cogceived prior to, but first a?tually
reduced to practice in the course of, any of the experimental,
developmental, or research work specified in (a)(i) above; and
(iii) the practice of any Subject Invention in foreign countries;
the obligation of the Contractor to grant a license as pro-
vided in (b)(1) above, to convey title as provided in (d)
(ii) (B) or (d)(iv) below," shhall be limited to the extent
of the Contractor's right to grant the same without incurring
any obligation to pay royalties or other compensation to
others solely on account of said grant. Nothing contained
in this Patent Rights clause shall be deemed to grant 'any
license under any invention other than a Subject Invention.
'3~!c~J
Declassified in Part - Sanitized Copy Approved for Release 2012/02/22 : CIA-RDP78-03424AO01200110033-2
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/22 : CIA-RDP78-03424A001200110033-2
(c) The Contractor shall ftarni ~,'. q e Contracting Officer the
following information and reports concerning Subject Inventions which-
reasonably appear to be patentable.
(i) a written disclosure promptly after conception or first actual
reduction to practice of each such Invention together with a
written statement specifying whether or not a United States
patent application claiming. the Invention has been or will
be filed by or on behalf of the Contractor;
(ii) interim reports at least every twelve months, commencing
with the date of this contract, each listing all such Inven-
tions conceived or first actually reduced to practice more
than three months prior to the date of the report, and not
listed on a priot interim report, or certifying that there are
no such unreported Inventions; and
(iii) prior to final settlement of this contract, a final report listing
in such Inventions including all those previously listed in
interim reports.
(d) In connection with each Subject Invention referred to in (a) (i)
above., the Contractor shall do the following:
(i) if the Contractor specifies that a United States patent appli-
cation claiming such Invention will be filed, the Contractor
shall file or cause to be filed such application in due form
and time; however, if the Contractor, after having specified
that such an application would be filed., decides not to file
or cause to be filed said application, the Contractor shall so
notify the Contracting Officer at the earliest practicable
date and in any event not later than eight months after first
publication., public use or sale.
(ii) if the contractor specifies that a United States patent appli-
cation claiming such Invention has not been filed and will
not be filed (or having specified that such an application
will be filed thereafter notifies the Contracting Officer to the
contrary), the Contractor shall.,
(A) inform the Contracting Officer in writing at the earliest
practicable date of any publication of such Invention
made by or known to the Contractor or., where appliccable,
of any contemplatedaliiation by the Contractor, stating
the date and identity of such publication or contemplated
publication; and
(B) convey to the Government the Contractor?e entire right,
title., and interest in such Invention by delivering to
Contracting Officer upon written request such duly exe-
cuted instruments (prepared by the Government) of assign-
ment and application., and such other papers as are
deemed necessary to vest in the Government the Contractor?s
right, title, and interest aforesaid, and the right to
apply for and prosecute patent applications covering
such Invention throughout the world., subject, however,
to the right of the Contractor specified in (e) below to
file foreign applications., and subject further to the
reservation of a non-exclusive and royal,y-:ft?ee license
to the Contractor (and to its existing and future
associated and affiliated companies, if any, within the
corporate structure of which the Contractot is a part)
which license shall be assignable to the successor of
that part of the Contractor's business to which such
Invention perta:,ne fl
25X1
Declassified in Part - Sanitized Copy Approved for Release 2012/02/22 : CIA-RDP78-03424A001200110033-2
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/22 : CIA-RDP78-03424AO01200110033-2
(iii) the Contractor shah fern :4 a`~ib qtly to the Contracting, Officer
on request an irrevocable power of attorney to inspect and make copies
of each United States patent application filed by or on behalf of the
Contractor covering any such Invention;
(iv) in the event the Contractor, or those other than the ro??ernment
deriving rights frown the Contractor, elects not to contineu prosecution
of any such United States patent application filed by or on behalf of the
Contractor, the Contractor shall so notify the Contracting Ofioar~, not
less than sixty days before the expiration of the response period and,,
upon written request, deliver to the Contracting Offi,,per such day exe-
cuted instruments (prepared by the Government) as are deemed meoessary
to vest in the Government the Contractor?s entire right, title and
interest in such Invention and the application, subject to the rose vation
as specified in (d)(ii) above; and
(v) The contractor sha:Ll deliver to the Co tracting Officer duly exe-
cuted instruments fully confirmatory of any license rights herein agreed
to be granted to the Gmver ent o
(e) The Contractor, or those other than the Government riving rights
from the Contractor, shall have the exclusive rights to file applications on
Subject Inventions in each foreign country within.
(i) nine months from the date a corresponding United States applica-
tion is filed;
(ii) six months from the date permission is granted to file foreign
applications where such filing had been prohibited for security reasons; or
(iii) such longer period as may be approved, by the Contracting Officer.
The Contractor shall, upon written request of the Contracting Officer,
convey to the Government the Contractor?s entire right,, title, and interest
in each Subject Invention in each foreign country in which an application
has not been filed within the time above specified, subject to the reservation
of a nonexclusive and royalty free license to the Contras tor? together with
the right of the Contractor 1o grant sublicenses, which license and right
shall be assignab1os to the successor of that part of the Contractor?s business
ao which the Subject Invention pertains.
(f) If the Contractor filed' to deliver to the Contracting Officer., the
interim reports required by (c)(ii) above, or fails to furnish the written
disclosures for all Subject Inventions required by (c)(i) above shown to
be due in accordance with any interim report delivered under (c)(ii) or
otherwise known to be unreported., there shall be withheld from payment
until the Contractor shall have corrected such failures ei.ther? ten per cent
(10%) of the amount of this contract, as from time to time amended, or
five thousand dollars ($5,000)9 whichever is less. After payment', o eighty
per cent (80%) of the amount of this contract, as from time to time mended,
payment shall be withheld until a reserve of either ten per cent (10%) of
such amount., or five thousand dollars ($5,000),9 whichever is less, shall have
been set aside, such reserve or balance thereof to be retained until the Con-
tractor shall have furnished to the Contracting Officer:
(i) the final report required by (c)(iii) above;
(ii) written disclosures for all Subject Inventions requii.?ad, by
(c)(i)above which are shown to be due in accordance with interim
reports, delivered under (c) (ii) above or in accordance with such
final reports or are otherwise known to be unreported; acad.
(iii)the information as to any subcontractor required by (h) 1)vlow
Declassified in Part - Sanitized Copy Approved for Release 2012/02/22 : CIA-RDP78-03424AO01200110033-2
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/22 : CIA-RDP78-03424AO01200110033-2
The maximum amount which may be withheld under this paragraph (f) shall
not exceed ten per cent (10%) of the amount of this contract or five
thousand dollars ($59000)9 whichever is less,, and no amount 2' all be
withheld under this paragraph (f) when the amount specified by this pera.-
graph (f) is being withheld -under other provisions of tblo The
withholding of any amount or subsequuenat payment the aof to t; e CoutW actor
shall not be construed as a waiver of any rights ae~r i~c to the Vern ent
under this contract. This paragraph (f) shall not be co e3trus as requiring
the Contractor to withhold any amounts from a su ~c r tra ~~~r tc enforce compli-
ance with the patent provisions of a suuhccntract o
(g) The Contractor shall. exert all reasonabi ef: o t In negotiating for
the inclusion of this Patent Rights clause in any uuicma ~trc t he-:T-- un er of
c~~eib~tsleuveloprernt.al9
three thousand dollars ($39000) or more having
or research work as one of its purposes. In the event of refusal by a sub-
contractor to accept the Patent Rights clause,, tho Cu utractor shat not
proceed with the subcontract without written authorin ztion of the Contracting
Officer, and. upon obtaining such authorisation, o'-nall e?L-,?'era?Ue zuith, the
Goverment in the nc gotiation with such snubcou tr ctor of an ,,ccep`table patent
rights clause; provided,, howevverr, that the Contractor eball in asnyv event;
require the subcontractor to grant to the Government patent rights under Sub-
ject Inventions of no less scope and on no less favorable to s th u those which
the Contractor has underr suz'h suh o,ntra f,;s:, except that a no event shall the sub-
contractor be required to grant to the Government patent rights hn excess of
those herein agreed to be granted to the Government by the Contractor.
(h) The Contractor shall,, at the earliest practicable date,, notify the
Contracting Officer in writing of any subcontract containing a patent rights
clause, furnish the Contracting Officer a copy of such clause, and notify the
Contracting Officer when such subcontract is completed. It is, understood that
with respect to such subcontract clause,, the, Government is a third party
beneficiary; and the Contractor hereby assigns to the Government all the rights
that the Contractor would have to enforce the subcontractor's obligations for
the benefit of the Government with respect to Subject Inventions e The Contractor
shall not be obligated to enforce the agreements of any subcontractor hereunder
relating to Subject Inventionss
(i) When the Contractor shows that it has been delayed in the performance
of this contract by reason of its inability to obtain in accordance with (g)
above a suitable patent rights clause from a qualified subcontractor for any
item or service required under this contract for which the Contrsa~tor' ite
does not have available facilities or qualified personnel, the ContracWor?s
delivery dates shall be extended for a period ofptine equal to the duration of
such delay,, and,, upon request of the Contractor, the Contracting Officer shall
determine to what extent,, if any, an additional extension of the delivery dates
and increase in contract prices bawl upon additional costs incurred by such
delay are proper under the circumstances; and the contract shall be modified
accordingly. If the Contractor, after exerting all reasonable eff'cs~t,9 is unable
to obtain a qualified subcontractor as set forth above,, the Contractor may submit
to the Contracting Officer a written request for waiver or modification of the
requirement that a suitable patent rights clause be included in the subcontract.
Such request shall specifically state that the Contraceter has used all reason-
able effort to obtain such qualified subcontracclroir, wavy shall -ite the naivver or
termination provision hereinafter set forth. If, e thin thirty$$ivve (L15) days
after the date of receipt of such request for a vaiv