NEGOTIATED CONTRACT

Document Type: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP78B04747A001000050011-1
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
9
Document Creation Date: 
December 28, 2016
Document Release Date: 
June 1, 2001
Sequence Number: 
11
Case Number: 
Publication Date: 
June 28, 1960
Content Type: 
CONT
File: 
AttachmentSize
PDF icon CIA-RDP78B04747A001000050011-1.pdf714.11 KB
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? 4 STATOTHR Approved For 11Pease 200i/08/13:: CIA-RDP78B0474700100005001W/6 ........m.., NEGOTIATED CONTRACT (SUPPLIES AND SERVICES) REQUISITION OR OTHER PURCHASE AUTHORITY 60-21541 & 60-21576 CONTRACT/TASK ORDER NO. STATOTh ISSUING OFFICE NAME CENTRAL INTELLIGENCE AGENCY ADD STATOTF CONTRACTO NAME STATOTHR ADD CONTRACT FOR Enlarger Model and Planetary Camera Model AMOUR Timed Price- MOM 1ROPRIATION AND OTHER ADMINISTRATIVE DATA 4 STATOTHR STATOTHR STATOTh This negotiated contract is entered into pursuant to statutory authority made. This contract is entered into, by and between the United States of Contracting Officer executing this contract, and above named Contractor incorporated in the State of , hereinafter and any reluired America, hereinafte who is an called the and deliver all for the consideration subject to and governed extent of any inconsistency a part of the contract inconsistency between concern. Fr with its affiliates, (See Code related procedures.'),(b)that Administration, and ( will not be manufactured and, further, as of determination and findings have been called the Government, represented by the Individual, In Partnership, III Corporation, ontractor. supplies and perform all the services set stated therein. by the terms and conditions on the re- between the Schedule and General by reference or otherwise, the Schedule the Schedule and the General Provisions, this purpose, a small business concern is employs fewer than 500 employees, or (ii) is of Federal Reg., Title 13, Ch. III Part it0 has 0 has not, previously -) if offeror s a regular dealer,it also rep- i or produced in the United States or its inakes the representations regarding contin- 28 June 19 60 eparties hereto agree that the Contractor shall furnish the facilities th in the attached Schedule, or Task Orders, issued hereunder, V The rights and obligations of the parties to this contract shall be verse hereof, attached Schedule and General Provisions. To the Provisions, and any specifications or other provisions which are made and the General Provisions shall control. To the extent of any the Schedule shall control. The Contractor represents (a) that it 0 is, 0 is not, a small business a concern that (i) is not dominant in its field?of operation and, certified al i'lmall business concern by the Small Business Administration. 103 21 Fed. Reg. 9708 which contains the detailed definition and been denied a Small Business Certificate by the Small Business resents that all supplies to be furnished hereunder on will, 0 territories or possessions by a small business manu Iturer or producer; gent or other fees, set forth on the reverse hereof. IN WITNESS WHEREOF, the parties hereto have executed this contract SIGNATURES (Type or print all names under all egneturee) CONTRACTOR BY 4V STATOTHR \ TITLE THE UNITED STATES BY OF AMERICA STATOTHR CONTRACTING OFFICER } completed.) WITNESSES an cane of pis t 149 Twee MA 1-) 0 li A.,..........,,..4 c....,.. in,s1,..,,,. qnni /nom -/ . I i A ono7oonA7 Ai Anninnnncnnii 4 Approved For Release 2001/08/13 : CIA-RDP78604747A001000050011-1 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) 41110(S1 GNATURE) CONTRACTOR'S STATEMENT OF CONTINGENT OR OTHER FEES i not, employed or retained any company or person (other than to solicit or Secure this contract; and (b) that he or person (other than a full-time bona fide employee or brokerage fee, contingent upon or resulting from relating thereto as requested by the Contracting officer. the term "bona fide employee,. see General Services Admin- Fed. Reg. Dec. 31, 1952, Vol. 17. No. 253.) The Contractor represents: (a) that he INN has, ME has a full-time bona fide employee working solely for the Contractor) has, mg has not, paid or agreed to pay to any company working solely for the contractor) any fee, conmission, percentage the award of this contract, and agrees to furnish information (Note: For interpretation of the representation, including istration Regulations, Title Nit, Secs. 150.7 and 150.5(d), TERMS AND CONDITIONS 1 1. SELLER'S INVOICES --Invoices shall be prepared and submitted in triplicate unless otherwise specified. Invoices s contain the following information: Contract number, 0 r number (if any), Item number; contract description of supplies or services, sizes, quantities, unit prices, and extended totals. Bill of lading number and weight of shipment will be shown for shipments made on Gov- ernment bills of lading. The Contractor or his author- ized representative will sign ONLY the original (ribbon typed copy, if typed). When the invoice is signed or re- ceipted in the name of a company or corporation the name of the person signing, as well as the capacity in which he signs, must appear. For example: "John Doe Corn- pany, by John Smith, Secretary," "Treasurer, P or as the case may be. 2. LABOR INFORMATION -- Attention is invited to the possibility that wage determinations may have been made under the Walsh-Healey Public Contracts Act providing minimum wages for employees engaged in the manufac- ture for sale to the Government of the supplies covered by this contract. Information in this connection, as well as general information as to the requirements of the act concerning overtime payment, child labor, safety and health provisions, etc. may be obtained from Wage and Hour and Public Contracts Division, Department of Labor, Wash- ingtort 25, D. C. 3. DISCOUNTS: In connection with any discount offered, time will be compute4 from date of delivery of the supplies to carrier when delivery and acceptance are atpoint of origin or from date of delivery at destination or port of embarkation when delivery and acCeptance are at either of those points, or from date correct invoice or voucher (properly certified by the Contractor) is received in the office specified by the Govern- ment if the latter date is later than the date of delivery. 4. SAMPLES: Samples of items, when required, must be submitted within the time specified and at no expense to the Government. If not destroyed by testing, they will be returned at Contractor's request and expense, unless otherwise spec- ified in the Schedule. 5. GOVERNMENT-FURNISHED PROPERTY -- No ma- terial, labor, or facilities will befurnished by the Government unless otherwise provided in the Schedule. 6. AGENTS -- COntracts signed by an agent must be ac- companied by evidence of his authority. 7. ALTERATIONS -- Any alterations in this contract made by the Contractor must be initialed by both the Con- tractor and Contracting Officer. 8. MISTAKES -- Contractors are expected to examinethe drawings, specificatiOns, circulars, schedule and allinstruc- tions pertaining to the supplies or services. Failure to do so will be at the Contractor's risk. In case of mistake in ex- tension of price the unit price will govern. Approved Folplease 2001/08/13 : CIA-RDP78B047.01000050011-1 Approved For Release 200i/08/13: CIA-RDP78604747A001000050011-1 ,. .5 ' SCHEDULE (SUPPLY CONTRACT) . PAGE N O . 1 NUMBEROF PAGES OF SCHEDULE The supplies or services to be furnished, the specifications, the discounts, the time and place of delivery, and any other spec'al 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 60-'21541 & 6o-21576 i CONTRACT/TA EQUEST NO. (as applicable) STATOTHf SHIP TO (consignee and destination) , See Below MAIL INVOICES TO Chief, Fiscal Division 2430 4 Street, N. W. Washington 25, D. C. , PERFORMANCE PERIOD/DELIVERY SCHEDULE . Item 1 on or prior to 1 September 1960; Item 2 on or prior to 30 December 1966. DELIVERY F.O.B. , Destination INSPECTION Destination Alw.muNG DISCOUNTS WILL BE ALLOWED BY CONTRACTOR, BIDDER OR OFFEROR FOR PROMPT PAYMENT 1WALENDAR DAYS PERCENT 20 CALENDAR DAYS PERCENT 30 CALENDAR DAYS PERCENT ITEM NO. SUPPLIES OR SERVICES QUANTITY (Nutnbet? of Unit ) UNIT UNIT PRICE AMOUNT 1 2 ? Camera Planetary, Photo Devices Model? Shipment Indicator (60-21541 Enlarger, 4x continuous and step repeat, Photo Devices Model This enlarger shall be the same as the unit delivered Contract No. ..,,d as further modified under Contract No both incorporated by reference rein made apart hereof, with the following exceptions and additions: (a) The following is cited as Provision under and is hereby excluded: "Modify the existing negative stage- plate far step and repeat printing accommodate standard 16mm and 35mm formats." (b) The following shall be incorporated additions to the Enlarger: It le Ikon* komievelesi lig like yeetles Vest tie eiileleoil blew sosi oboist eleaked in temeigeepite 1 0 3 bitigito it Os Okkeekommelkit will be ikeraleasi lig core se be sesetielet - Item under and (b) to as WM* aelkeve amp xepeeted les Cemeeketer 110 the 1) 1 STATOTHR STATOTHR STATOTHR STAT 1 lig time - ea THR ea ST ? ? - ,-TATOTHR TATOTHR el es adattleks4 at the reMplests TOTAL NAME OF CONTRACTOR BIDDER OR OFFEROR STATOTHR pprovecuFor KeIeasezuUi1uOI Approved For Release 2001/08/13: CIA-RDP78604747A001000050011-1 (SCHEDULE) PAGE 2 OF 2 PAGES CONTRACT/TASK ORDER NO STATOTHR STATOTHR (1) The la Enlarger shall be redesigned to incorporate the necessary flexibility to accommodate the best lens for the pur- pose and allow the use of other focal length lenses to change the magnification ratio for 35 mm and 16 mm film. aj`n`111?" (2) This flexibility will permit the use of the Printer in both the -Step-and Repeat and Continuous Mode by the interchange of proper 1? ' drive -rollers. ? (3) To accomplish additions 1 and 2 above, the redesign will permit the negative and lens planes to be moved into proper principal planes for the various magnification ratios dictated by the focal length of the lens selected. 41Ir Price Redetermination: The unit price set forth above for Item 2 only constitutes the maximum price hereunder and is subject to adjustment downward in accord- ance with the Price Redetermination article attached hereto and made a pert hereof. Ship to (Consignee and Destination): Item 1 elan be shipped to the following address: U. S. Naval Photographic Interpretation Center STATOTHR Washington 23 D. C. STATOTHR Attention Item 2 shall be shipped to the following address: Commanding Officer Arm,' Map Service Brooks Lane, Washington, D. C. For: Code 1091 General Schedule Provisions: The Contractor shall comply with the General Schedule Provisions attached hereto and made a part hereof. In the event of any discrepancy between the foregoing and the General Schedule Providions, the foregoing shall apply. Progress Payments: In the execution of this contract the Government hereby agrees to provide the Contractor with progress payments in accordance with the "Progress Payments" clause attached hereto and made a part hereof. NAME OF CONTRACTOR 111111111111111111111111L. STATOTHR 9nniingiva ? rIA_PnP7RRod7d7tion1000050011-1 , Approvcd Forecase 2001/08/13 ? iLIA RDP78B0171001000050011 1 Pi47DENTS Progrese payments shall be made to the Contractor as work progresses, from time to tire upon request, in amounts approved by the Contracting Officer upon the following tr;rW3 ccnditions: (a) computation of Amounte. (1) Unless a smaller amount is requested, each roes paymentshall be (i) 75 per cent of the amount of the Cialtractorgs total costs incurred under this con- tract plus (ii) to the extent if any provided in the Schedule, the amount of the progrena payments made by the Contractor to its subcontractors and remaining un- 1Wiaated; all less the sum of previous progress payments. (2) The 'ontractorgs total costs shall be reaeonable, allocable to this con tract, and consistent with sound and generally accepted accounting principles and practicee,. However, such costs shall not include (i) any costs incurred by sub. or suppliers, or (ii) any payments or amOunts payable to subcontractors xxopliers, excett for completed work (including partial deliveries) to which the eontreetor hac acquired title and except for amounts paid or payable under cost- reirDurvement or time and material subcontracts for wee.k to which the Contractor ha a aeq-Ared hitle, or (iii) costs ordinarily caritalized and subject to depreci- or a-c.ertization except for the properly depreciated or amortized portion of c-sIxAn3. () The amount of unliquidated progres.z payments shall not exceed the lesser of (i) 75 per cent of the costs mentioned in (a) (i) above, plus any unliquidated progress payments mentioned in item (a) (1) (ii) above, both of which are applicable only to the supplies and services not yet delivered and invoiced to and accepted by the Government, or, (ii) 75 per cent of the total contract price of supplies and eerice s not yet delivered and invoiced to and accepted by the Government, lesa e.nlivaidated advance payments. (4) The aggregate amount of progress payments made shall not exceed 75 per ceolt of the total contract price. (5) If at any time a progress payment of the unliquidated progress payments exeeea the amount permitted by this paragraph (a), the Contractor shall pay the mmeaot cf such excess to the Government upon demand. (b) Liquidation. Except as provided in the clause entitled "Termination For 'onreeiel.ce of the Government, all progress payments =hall be liquidated by deducting eny payment under this contract other than adv-nce or progress, the amount of un- 1,1e-leLaLed, progress payments, or 75 per cent of the gross amount invoiced, whichever is Feroeyment to the Government raquired by a retroactive price reduction will be Etter recalcu-tating liquidations and payments on past i,voices at the reduced prices anA_ ad tin the linliouidated nr ess payments accordingly. (c) J:ieduction or Suspension. The Contracting Officer may reduce or suspend Progreee payments, or liquidate them at a rate higher than the percentage stated in (b) NAME OF CONTRACTAALIP _ pproved For Release 2001/08/13 : CIA-RDP78604747A001000050011-1 Approved Fe*ease 2001/08/13: CIA,RDP781304740010000501111-1 above, or both, whenever he finds upon substantial evidence that the Contractor (i) has failed to comply with any material requirement of this contract; (ii) has so failed to make progress, or is in such unsatisfactory financial condition, as to endanger perfor- mance of this contract, (iii) has allocated inventory to this contract substantially exceeding reasonable requirements, (iv) is delinquent in payment of the costs of perfor- mance of this contract in the ordinary course of business, (v) has so failed to make progress that the unliquidated progress payments exceed the fair value of the work accomplished on the undelivered portion of this contract, or (vi) is realizing less profit than the estimated profit used for establishing a liquidation percentage in para- graph (b); if that liquidation percentage is less than the percentage stated in para- graph (a) (1). (d) Title. When any progress payment is made under this contract; title to all parts; materials; inventories; work in process; special tooling as defined in clause of this contract entitled "Special Tooling"; nondurable (i.e., non capital) tools, jigs, dies, fixtures; molds; patterns, taps, gauges, test equipment, and other similar manu- facturing aids not included within the definition of special tooling in such "Special Tooling" clause; and drawings and technical data (to the eZtent delivery thereof to the Afivernment is required by other provisions of this contract); theretofore acquired or lirduced by the Contractor and allocated or properly chargeable to this contract under sound and generally accepted accounting principles and practices shall forthwith vest in the Government; and title to all like property thereafter acquired or produced by the Contractor and allocated or properly chargeable to this contract as aforesaid shall forthwith vest in the Government upon said acquisition; production; or allocation. Notwithstanding that title to property is in the Government through the operation of this clause, the handling and disposition of such prcperty shall be determined by the applicable provisions of this contract such as; the Default clause and paragraph (h) of this clause; Termination for Convenience of the Government clause; and Special Tooling clause. Current production scrap may be sold by the Contractor without approval of the Contracting Officer and the proceeds shall be credited against the costs of con- tract performance. With the consent of the Contracting Officer and on terns approved by him, the Contractor may acquire or dispose of property to which title is vested in the Government pur uant to this clause, and in that event; the costs allocable to the property to transferred from this contract shall be elimineted from the costs of contract performance and the Contractor shall repay to the Government (by cash or credit memo- *dum) an amount equal to the unliquidated progress payments allocable to the property transferred. Upon completion of performance of all the obligations of the Contractor under this contract, including liquidation of all progress payments hereunder, title to all property (or the proceeds thereof) which had not been delivered to and accepted by the Government under this contract or which had not been incorporated in supplies delivered to and accepted by the Government under this contract and to which title has vested in the Government under this clause shall vest in the Contractor. The provisions of this contract referring to or defining liability for Government-furnished property shall not apply to property to which the Government shall have acqaired title solely by virtue of the provisions of this clause. (e) Risk of Loss. Except to the extent that the Government shall have otherwise expressly assumed the risk of loss of property; title to which vests in the Government pursuant to this clause; in the event of the loss, theft or destruction of or damage to any such property before its delivery to and acceptance by the Government, the NAME OF CONTRACT?Approved For Release 2001/08/13 : CIA-RDP78B0474`7A001000050011-1 - .:':::: Contractor shall bear the risk of lo .s and shall repay the Government an amount equal to the unliquidated progress payments based on costs allocable to such lost, stolen, destroyed or damsged property. (f) Control of Costs and Property. The Contractor hall maintain an accounting system and controls adequate for the proper administration of this clause. (g) Reports - Access to Records. Insofar as pertinent to the administration of this clause, the Contractor will (i) furnish promptly such relevant reports, certifi- cates, financial statements, and other inf rmation as may be reasonably requested by the Contracting Officer and (ii) give the Government reasonable opportunity to examine and verify its books, records and accounts. (h) Special Provisions Regarding Default. If this contract is terminated pursuant to the clause entitled "Default", (i) the Contractor shall, upon demand, pay to the Government the amount of unliquidated progress payments and (ii) with respect to all property as to which the Government elects not to require delivery under the clause entitled "Default", title shall vest in the Contractor upon full liquidation of progress *rents, and the Government shall be liable for no payment except as provided by the fault" clause. (i) Reservations of Rights. The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by lay or under this contract. No payment, or vesting of title pursuant to this clause, shall excuse the Contractor from performance of its Obligations under this contract, nor constitute a waiver of any of the rights and remedies of the parties under this contract. No delay or failure of the Government in exercising any right, power or privilege under this clause shall affect any such right, power or privilege, nor shall any single or partial exercise thereOf preclude or impair any further exercise thereof or the exercise of any other right, power or privilege of the Government. NAME OF CONTRACTIOR Approved For Release 2001/08/13 : CIA-RDP78604747A001000050011-1 STATOTHR Approved For Release 2001/08/1a : CIA-RDP7860474 INTERN*To., INFCRWIT101$ Reza., No. You. No. Ps*. Cbgbl. -Beer car to' STATOTHR Contract No. Task Order No. Supplement No. STATOTHR STATOTHR STATOTHR STATOTHR 994E-PIC-2502-60 60-2154.1 975 -101 -01 PIC 09755-1017-017 A001000050011-1 ? 994E-PIC-1504-60 60-21576 0755-1021-0178 I MERTIPT THAT rums .ARE,. AVAMABlas Cbligation lieferenesilo. 2502 -- 1501+ 9755-1017-,0176 -- -ioza.-0178 ? Authorizing Offic ,r Contsuctoret Nnillag Address: Contracting Officer's Address: CIA j Classified SECRET internally ?Unclassified C.:7 U. S. Government non-traceable check U. S. Government Check Cfg.pashiers,check on the bank ?of'. Approved For Release 2001/08/13 : CIA-RDP78B04747A001000050011-1 f PRECEDENCE Approved' For Release 2001/08/13 : CIA-RDP78604747A001000050011-1 HAND CARRY ? EXPEDITE PRIORITY X ROUTINE FROM: Ch AS PIC DATE: et August 1960 PIC - TECHNICAL DEVELOPMENT BOARD ROUTING SLIP . SEQUENCE, TO FOR YOUR RSEE R N , REMARKS BELOW , , ICAARF N FMPTULT OMRITEU OPCOIE E001 NVNN T A L G CHAIRMAN (SA/DIR) 1 VICE?CHAIRMAN (C/DMD) X EXECUTIVE AGENT (C/T1SD) 2 EXECUTIVE SECT,Y (C/AS) X oCHIEF, PAD , 1 rIIIV CHIEF, PS I , ? 1 REMARKS; (INDICATE SEQUENCE OF ROUTINE BY APPROPR1A E NUMBERING IN COLUMN ONE) 'P1a,D08 ; zeOpfig9 STAT I NT L Dutch Attached for your information is a copy of the contract for the i.X Enlarger & Plane tary Camera. Please return ASAP. This contract will be filed in the Official Contract File along with other documents pertaining to the contract and is available to you at your request. /13 : CIA-RDP78604747A001000050011-1 AL