SCHEDULE PART I - CONTRACT WORK

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00011A001000100137-4
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 49
• Document Creation Date: December 22, 2016
• Document Release Date: December 7, 2010
• Sequence Number: 137
• Content Type: MISC

Sanitized Copy Approved for Release 2010/12/07: CIA-RDP57-00011A001000100137-4
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lock aetit atuw the aaf s aaaaeEiorrt am eU .tias of ft" pereoaasl
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be saetsapted by lfs etiaeet bite.w as oasma wwwr this .''!twat.
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(v) (Where applieabl.). In the eat a. airwaft are to be fw .
aiabsd enter We eontraot, wW Imm or destruction of, or desate to,
such aircraft or other dotes umeaet Fri z int in eaaneaestisn with
operation. of rib aircraft will be gover by the clans. of this wo.
tr*at ca -tioned ?11.iSht Risks#* to he e4ttaaat such elan.. is, by its
teas, sppiicable.
(j) The ---t Free ,mall raoraia in the dose of the
C or fear rraob period of tine as is reed fbr the pearfbrnaaaes
of this .ontret uaa2.as the Csntraet ng Oftisaa' determines that the
Interests of the toseumet require removal of scab property. Is such
case the Costraot r shall pro pt ,y take such action as the Contrasting
Officer n.y direst with respect to the r. a sl and shipping of Gov. -
seett Preperttj. In ai sash instaaaace, the contract be amended to
ac mplish as e.vitable adjustaasat is the to" w w previsions thereof.
(k) Upon eoaaepletion or titan of this contract, - Qov rarest
Property vhi4h has asst been consumed in the ribruaaoe of this contaraA,
or which he. not been disposed of as heroin~ provided in sabpara aph
(1) of this of N, or Or v lob the Cootraoierr has not otlaerriss, been
relieved of rsspo ibility, shall be disposed of in tine owe sa r, and
subject to the same procedures, as is provided in sabparagrapb (g) of
the shinee of this contract a titled a''T`e aimation ft r the Comeaedense
of the Gerars+ nt' with respect to tersinatiou inveaattes7. The proceeds
of asp such disposition shall be applied in re i+on of . poasnts
to be made by the Cavern est to the Coates for isder this contrast, or
shall athwAso be credited to the east of the work a .rod by this
contract, or shall be paid in such otter noomw as the Contracting
Ofliear sear direst. Pending final disposition of such property, the
Contractor aV.et to talre such action as my be ..essence, or as the
Contra stixg Offioegr direct, ibr the protection and
at as
thereof.
(1) If the Qratracting Officer deter rminas that the interests of
the Ga v. ..eat require rneoftl of w W Cis st Property, or if the
Contras er d termla a aW Government I'roperly to be in awnss at its
needs v adler this contrast, sash Government akhall be dispos.d
of in the same saner as provided by -jk) above. Is the
SECRET
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event that the (('meting OM am requires the revel of OW Govern.
SL Property =aw this sobps~ph (1) or mbparsiraph (k) atone,
the direct em?st to the Contrssar of such renval sand of asp property
damage otI --sieasd thereby a)r11 eQnstitnte an alloi+ablo cost tb. eaadear.
(a) Nieces other-Aso ps+ovjd+ed bwoin, the Govsarumat shall not be
yq . aw dmty or o li tioa to restore or rehabilitate, or to pay the
east. of the resteratl or rebabil itst os of the Cestractor' a rlext
or snap' portion thereof i i ah is attested by the reeaave t of may Gmvm .
next Property.
(a) Directions of the t' ntrasting Officer sad ooenasaai cations of the
Caatrastoar lammed pW*U&Ut to this GISUDO shalt IAN in writing.
7. I J3tlRAAG'hd.IIAEILITT TO TPA t
(a) The Contretotor elm" proesmne sad thereafter maintain workmen's
ees .n_satioa, eMploy.r's 1.3+abi3 i#r, eampr eheasivae geaeral liability
(bodily UJI0 ') sad e~msprah4astlve a aabdls liability (b lily Injury
am property dmago) i .nc, with rsspe to performance Wder this
eontrsot, sad such other Iowa**" as the Contx.ct. ng Officer may from
time to time require with respect to pe~rlbrs~ aatear tl i,s aetreot;
picri~W, that the Contractor in fulfillseaert of its obligation to pro-
eurti Vorhe e'e Ip.eration Inownume may, with tie .pprowl of the Cos.
taaraating Officer & d pne eat to st tntss7 gty, maintain a eeit-
inaaaseee . All in raaoe required Isarswat to the prodisiosee
of this por"m ; b shall, be in seah tbrse is a mss, cad for mob
paled* of time, as the Contracting Offieear from time to time require
or apeeve, and with insurers appealed by the Costratottng artleee.
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(b) The Contractor agrees, to the extent and in the manner re-
quired by the Contracting Officer, to submit forthe approval of the
Contracting Officer any other insurance maintained by the Contractor
in connection with the performance of this contract and for which the
Contractor seeks reimbursement hereunder.
(c) The Contractor shall be reimbursed: (i) for the portion allo-
cable to this contract of the reasonable cost of insurance as required
or approved pursuant to the provisions of this clause, and (ii) for
liabilities to third persons for loss of or damage to property (other
than property (A) owned, occupied or used by the Contractor or rented
to the Contractor or (B) in the care, custody, or control of the Con-
tractor), or for death or bodily injury, not compensated by insurance
or otherwise, arising out of the performance of this contract, whether
or not caused by the negligence of the Contractor, its agents, servants
or employees, provided such liabilities are represented by final judg-
ments or by settlements approved in writing by the Government, and ex-
penses incidental to such liabilities, except liabilities (I) for which
the Contractor is otherwise responsible under the express terms of the
clause or clauses, if any, specified in the Schedule, or (II) with re-
spect to which the Contractor has failed to insure as required or main-
tain insurance as approved by the Contracting Officer or (III) which re-
sults from willful misconduct or lack of good faith on the part of any
of the Contractorls directors or officers, or on the part of any of its
managers, superintendents, or other equivalent representatives, who has
supervision or direction of (1) all or substantially all of the Con-
tractorts business, or (22) all or substantially all of the Contractorts
operations at any one plant or separate location in wlch this contract
is being performed, or (3) a separate and complete major industrial
operation in connection with the performance of this contract. The fore-
going shall not restrict the right of the Contractor to be reimbursed
for the cost of insurance maintained by the Contractor in connection
t,vith the performance of this contract, other than insurance required to
be submitted for approval or required to be procured and maintained
pursuant to the provisions of this clause, provided such cost would con-
stitute allowable cost under the clause of this contract entitled "Allow-
able Cost, -Fww and Payment."
(d) The Contractor shall give the Government or its representatives
immediate notice of any suit or action filed, or prompt notice of any
claim made, against the Contractor arising out of the performance of this
contract, the cost and expense of which may be reimbursable to the Con-
tractor under the provisions of this contract, and the risk of which is
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.tom
then uninsured or in which the amount claimed exceeds the amount of
coverage. The Contractor shall furnish immediately to the Government
copies of all pertinent papers received by the Contractor. If the
amount of the liability claimed exceeds the amount of coverage, the
Contractor shall authorize representatives of the Government to colla-
borate with counsel for the insurance carrier, if any, in settling or
defending such claim. If the liability is not insured or covered by
bond, the Contractor shall, if required by the Government, authorize
representatives of the Government to settle or defend any such claim
and to represent the Contractor in or take charge of any litigation in
connection therewith: Provided, however, That the Contractor may, at
its own expense, be associated with the representatives of the Govern-
ment in the settlement or defense of any such claim or litigation.
8. INSPECTION AND CORRECTION OF DEFECTS
(a) All supplies (which term throughout this clause includes with-
out limitation raw materials, components, intermediate assemblies, and
end products) shall be subject to inspection and test by the Government,
to the extent practicable at all times and places including the period
of manufacture, and in any event prior to final acceptance. The Con-
tractor shall provide and maintain an inspection system acceptable to
the Government covering the supplies, fabricating methods, and special
tooling hereunder. The Government, through any authorized representa-
tive, may inspect the plant or plants of the Contractor or of any of its
subcontractors engaged in the performance of this contract. If any in-
spection or test is made by the Government on the premises of the Con-
tractor or a subcontractor, the Contractor shall provide and shall re-
quire subcontractors to provide all reasonable facilities and assistance
for the safety and convenience of the Government inspectors in the per-
formance of their duties. All inspections and tests by the Government
shall be performed in such a manner as will not unduly delay the work.
Except as otherwise provided in this contract, final acceptance of any
supplies or lots of supplies shall be made as promptly as practicable
after delivery thereof and shall be deemed to have been made no later
than sixty (60) days after the date of such delivery, if final accept-
ance has not been made earlier within such period.
(b) At any time during performance of this contract, but not later
than six (6) months (or such other period as may be provided in the
Schedule) after final acceptance of the supplies or lots of supplies
last delivered in accordance with the requirements of this contract, the
Government may require the Contractor to remedy by correction or re-
placement, as directed by the Contracting Officer, any supplies or lots
Cli ET
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of supplies which at the time of delivery thereof are defective in
material or workmanship or otherwise not in conformity with the re-
quirements of this contract. Except as otherwise provided in para-
graph (c) hereof, the cost of any such replacement or correction shall
be included in Allowable Cost determined as provided in the clause of
this contract entitled "Allowable Cost, Fixed Fee and Payment," but no
additional fee shall be payable with respect thereto. Such supplies
or lots of supplies shall not be tendered again for acceptance unless
the former tender and the requirement of correction be disclosed. If
the Contractor fails to proceed with reasonable promptness to replace
or correct such supplies or lots of supplies, the Government (i) may
by contract or otherwise replace or correct such supplies and charge to
the Contractor any increased cost occasioned the Government thereby, or
may reduce any fixed fee payable under this contract (or require repay-
ment of any fixed fee theretofore paid) in such amount as may be equit-
able under the circumstances, or (ii) in the case of supplies not de-
livered, may require the delivery of such supplies, and shall have the
right to reduce any fixed fee payable under this contract (or to require
payment of any fixed fee theretofore paid) in such amount as may be
equitable under the circumstances, or (iii) may terminate this contract
for default as provided in the clause of this contract entitled "Termin-
ation." Failure to agree to the amount of any such increased cost to
be charged to the Contractor or to such reduction in, or repayment of,
the fixed fee shall be a dispute concerning a question of fact within
the meaning of the clause of this contract entitled "Disputes."
(c) Notwithstanding the provisions of paragraph (b) hereof, the
Government may at any time require the correction or replacement by the
Contractor, without cost to the Government, of supplies or lots of sup-
plies which are defective in material or workmanship, or otherwise not
in conformity with the requirements of this contract, if such defects or
failures are due to fraud, lack of good faith or willful misconduct on
the part of any of the Contractorts directors or officers, or on the
part of any of its managers, superintendents, or other equivalent repre-
sentatives, who has supervision or direction of (i) all or substantially
all of the Contractorts business, or (ii) all or substantially all of the
Contractorts operations at any one plant or separate location in which
this contract is being performed, or (iii) a separate and complete major
industrial operation in connection with the performance of this contract.
Fraud, lack of good faith or willful misconduct on the part of any of
such supervisory personnel shall be deemed to include the selection of
individual employees or the retention of employees after any of such
supervisory personnel has reason to believe that such employees are
habitually careless or otherwise unqualified.
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"XI
(d) Corrected supplies or replaced supplies shall be subject to
the provisions of this clause in the same manner and to the same ex-
tent as supplies originally delivered under this contract.
(e) The Contractor shall make its records of all inspection work
available to the Government during the performance of this contract and
for such longer period as may be specified in this contract.
(f) Except as provided in this clause and as may be provided in
the Schedule, the Contractor shall have no obligation or liability to
correct or replace supplies or lots of supplies which at the time of
delivery are defective in material or workmanship or otherwise not in
conformity with the requirements of this contract.
(g) Except as otherwise provided in the Schedule, the Contractorts
obligation to correct or replace Government-furnished property (which
is property in the possession of or acquired directly by the Government
and delivered or otherwise made available to the Contractor) shall be
governed by the provisions of the clause of this contract entitled
"Government Property."
The Contractor shall not be in default by reason of any failure in
performance of this contract in accordance with its terms (including
any failure by the Contractor to make progress in the prosecutiru of
the work hereunder which endangers such performance) if such failure
arises out of causes beyond the control and without the fault or negli-
gence of the Contractor. Such causes include, but are not restricted
to: acts of God or of the public enemy; acts of the Government; fires;
floods; epidemics; quarantine restrictions; strikes; freight embargoes;
unusually severe weather; and failure of subcontractors to perform or
make progress due to such causes, unless the Contracting Officer shall
have determined that the supplies or services to be furnished under the
subcontract were obtainable from other sources and shall have ordered
the Contractor in writing to procure such services or supplies from
such other sources, and the Contractor shall have failed reasonably to
comply with such order. Upon request of the Contractor, the Contract-
ing Officer shall ascertain the facts and extent of such failure and, if
he shall determine that such failure was occasioned by any one or more of
the said causes, the delivery schedule shall be revised accordingly, sub-
ject to the rights of the Government under the clause hereof entitled
"Termination."
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C' C,RET
(a) The Contractor shall give advance notification to the Con-
tracting Officer of any proposed subcontract hereunder which (i) is
on a cost or cost-plus-a-fixed-fee basis, or (ii) is on a fixed-
price basis exceeding in dollar amount either ;25,000 or five per-
cent (5%) of the total estimated cost of this contract.
(b) The Contractor shall not, without the prior written consent
of the Contracting Officer, place any subcontract which (i) is on a
cost or cost-plus-a-fixed-fee basis, or (ii) is on a fixed-price
basis exceeding in dollar amount either 25,000 or five percent (5%)
of the total estimated cost of this contract, or (iii) provides for
the fabrication, purchase, rental, installation or other acquisition,
of any item of industrial facilities, or of special tooling having a
value in excess of X1,000, or (iv) is on a time-and-material or labor-
hour basis, or (v) involves research and development work. The Con-
tracting Officer may, in his discretion, ratify in writing any such
subcontract; such action shall constitute the consent of the Contract-
ing Officer as required by this paragraph (b).
(c) The Contractor agrees that no subcontract placed under this
contract shall provide for payment on a cost-plus-a-percentage-of-
cost basis.
(d) The Contracting Officer may, in his discretion, specifically
approve in writing any of the provisions of a subcontract. However,
such approval or the consent of the Contracting Officer obtained as
required by this cause shall not be construed to constitute a deter-
mination of the allowability of any cost under this contract, unless
such approval specifically provides that it constitutes a determina-
tion of the allowability of such cost,
(e) The Contractor shall give the Contracting Officer immediate
notice in writing of any action or suit filed, and prompt notice of any
claim made against the Contractor by any subcontractor or vendor which,
in the opinion of the Contractor, may result in litigation, related in
any way to this contract with respect to which the Contractor may be
entitled to reimbursement from the Government.
(f) The Contracting Officer may approve all or any part of the
Contractor's purchasing system and from time to time rescind or rein-
state such approval. Such approval shall be deemed to fulfill the re-
quirements for obtaining the Contracting Officer's consent to subcon-
tracts as prescribed in paragraph (b) above.
ri RET
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11. NOTICE AND ASSISTANCE REGARDING PATENT INFRINGEMENT
The provisions of this clause shall be applicable only if the
amount of this contract is in excess of $5,000.
(a) The Contractor shall report to the Contracting Officer,
promptly and in reasonable written detail, each notice or claim of
patent infringement based on the performance of this contract of
which the Contractor has knowledge.
(b) In the event of litigation against the Government on
account of any claim of patent infringement arising out of the per-
formance of this contract or out of the use of any supplies furnished
or work or services performed hereunder, the Contractor shall furnish
to the Government, upon request, all evidence and information in
possession of the Contractor pertaining to such litigation. Such
evidence and information shall be furnished at the expense of the
Government except in those cases in which the Contractor has agreed
to indemnify the Government against the claim being asserted.
12. FILING OF PATENT APPLICATIONS
(a) Before filing or causing to be filed a patent application
disclosing any subject matter of this contract, which subject matter
is classified "Secret" or higher, the Contractor shall, citing the
thirty (30) day provision below, transmit the proposed application
to the Contracting Officer for determination whether, for reasons of
national security, such application should be placed under an order
of secrecy or sealed in accordance with the provisions of 35 U.S.
Code 181-188 or the issuance of a patent should be otherwise delayed
under pertinent statutes or regulations; and the Contractor shall
observe any instructions of the Contracting Officer with respect to
the manner of delivery of the patent application to the U.S. Patent
Office for filing, but the Contractor shall not be denied the right
to file such patent application. If the Contracting Officer shall
not have given any such instructions within thirty (30) days from the
date of mailing or other transmittal of the proposed application,
the Contractor may file the application.
(b) The Contractor shall furnish to the Contracting Officer, at
the time of or prior to the time when the Contractor files or causes
to be filed a patent application disclosing any subject matter of
this contract, which subject matter is classified "Confidential", a
copy of such application for determination whether, for reasons of
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national security, such application should be placed under an order
of secrecy or the issuance of a patent should be otherwise delayed
under pertinent statutes or regulation.
(c) In filing any patent application coming within the scope of
this clause, the Contractor shall observe all applicable security
regulations covering the transmission of classified subject matter.
13. PATENT RIGHTS
(a) As used in this clause, the following terms shall have the
meanings set forth below:
(i) The term "Subject Invention" means any invention, im-
provement 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 re-
quired under this contract, or (B) in the performance of any experi-
mental, developmental, or research work relating to the subject mat-
ter of this contract which was done upon an understanding in writing
that a contract would be awarded; provided that the term "Subject
Invention" shall not include any invention which is specifically
identified and listed in the Schedule for the purpose of excluding
it from the license granted by this clause.
(ii) The term "Technical Personnel" means any person em-
ployed 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 subcontracts
are set forth in paragraphs (g), (h), and (i) of this clause) who,
by reason of the nature of his duties in connection with the perfor-
mance of this contract, would reasonably be expected to make inven-
tions.
(iii) The terms "subcontract" and "subcontractor" mean
any subcontract or subcontractor of the Contractor, and any lower-
tier subcontract cr subcontractor under this contract.
(b) 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 States Government throughout the world, each Subject Invention
in the manufacture, use and disposition according to law, of any
article or material, and in the use of any method; provided, however,
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that with respect to (i) any Subject Invention made by other than
Technical Personnel, (ii) any Subject Invention conceived prior to,
but first actually reduced to practice in the course of, any of the
experimental, developmental, or research work specified in paragraph
(a) (i) above, and (iii) the practice of any Subject Invention in
foreign countries, the obligation of the Contractor to grant the
aforesaid license and the other rights hereinafter provided in this
clause shall 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. No
license granted herein shall convey any right to the Government to
manufacture, have manufactured, or use any Subject Invention for the
pspose of providing services or supplies to the general public in
competition with the Contractor or the Contractor's commercial
licensees in the licensed fields. Nothing contained in this para-
graph shall be deemed to grant any license under any invention other
than a Subject Invention,
(c) The Contractor shall:
(i) Make a written disclosure to the Contracting Officer
promptly after conception or first act:-,.al reduction to practice of
each Subject Invention which reasonably appears to be patentable;
(ii) Certify to the Contracting Officer not less often
than every twelve months, commencing with the date of this contract,
whether or not any Subject Inventions were conceived or first actually
reduced to practice during the preceding twelve months; and
(iii) Prior to final settlement of this contract, make a
summary report of all those Subject Inventions previously disclosed
and of those Subject Inventions conceived or first actually reduced
to practice after the last certification but prior to the summary
report.
(d) The Contractor shall also, in connection with each Subject
Invention referred to in paragraph (c)(i) above:
(i) Specify, at the time of making written disclosure, whe-
ther or not a United States Patent application claiming such Invention
has been or will be filed by or on behalf of the Contractor. If the
Contractor specifies that a United States Patent application will be
filed claiming such Invention, the Contractor shall file or cause to
be filed such application in due form and time. If the Contractor
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decides not to file or cause to be filed said application after having
specified that it would file, the Contractor shall so notify the Con-
tracting Officer at the earliest practicable date and in any event
not later than eight months after first publication, public use or
sale;
(ii) In the event the Contractor specifies that it has not
filed and will not file (or having specified that it will file,
thereafter notified the Contracting Officer to the contrary), (A) in-
form 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 applicable, of any contemplated publication by
the Contractor, stating the date and identity of such publication or
contemplated publication, and (B) convey to the Government the Con-
tractorls entire right, title and interest in such Invention by de-
livering to the Contracting Officer upon written request such duly
executed instruments (prepared by the Government) of assignment, ap-
plication and 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 cover-
ing such Invention throughout the world, subject, however, to the right
reserved to the Contractor in paragraph (e) to file foreign applica-
tions, and subject further to the reservation of a nonexclusive and
royalty-free license to the Contractor (and to its existing and future
associated and affiliated companies, if any, within the corporate
structure of which the Contractor is a part) which license shall be
assignable to the successor of that part of the Contractor's business
to which the Subject Invention pertains;
(iii) Furnish promptly to the Contracting Officer on re-
quest 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 Subject Invention;
(iv) In the event the Contractor, or those deriving rights
from the Contractor, elects not to continue prosecution of any such
United States patent application filed by or on behalf of the Con-
tractor, so notify the Contracting Officer not less than sixty (60)
days before the expiration of the response period and, upon written
request, deliver to the Contracting Officer such duly executed instru-
ments (prepared by the Government) as are deemed necessary to vest in
the Government the Contractor's entire right, title and interest in
the Subject Invention and the application, subject to the reservations
as specified in (ii) above; and
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(v) Deliver to the Contracting Officer duly executed in-
struments fully confirmatory of any license rights herein agreed to
be granted to the Government.
(e) The Contractor, or those deriving rights from the Contractor,
has the option of filing patent applications in foreign countries on
Subject Inventions. If this option is not exercised in the time and
manner set forth below, the Government shall have the right to file
applications in each foreign country in which the Contractor has not
exercised its option.
(i) In the event thot the Contractor specifies under the
provisions of paragraph (d) that it has not filed and will not file a
United States patent application (or having specified that it will
file, thereafter notifies the Contracting Officer to the contrary) the
Contractor shall have six months from the date of making the written
disclosure required by paragraph (c)(i) to file foreign patent applica-
tions.
(ii) In the event that a United States patent application
is filed by or on behalf of the Contractor under the provisions of
paragraph (d), the Contractor shall have six months from the date of
the United States application, or six months from the date permission
is granted to file foreign applications where such filing had been
prohibited for security reasons, within which to file foreign patent
applications. With respect to each Subject Invention on which it
has specified that a United States patent application has been or will
be filed by or on behalf of the Contractor, the Contractor shall (A)
inform the Contracting Officer in writing of each foreign patent ap-
plication for such Invention filed by or on behalf of the Contractor
within six months after the filing by the Contractor of the corres-
ponding United States application, and, if practicable, prior to the
publication cf the Subject Invention in any country, (B) inform the
Contracting Officer in writing at the earliest practicable date of
any publication of the Subject Invention made by or known to the Con-
tractor or, where applicable, of any contemplated publication by the
Contractor, stating the date and identity of such publication or con-
templated publication, (C) upon written request of the Contracting
Officer, convey to the Government the Contractoris entire right, title,
and interest in such Invention in those countries in which the Con-
tractor has not, within six months after the filing of the correspond-
ing United States application, filed foreign patent applications, and
deliver to the Contracting Officer, upon written request, such duly
executed instruments (prepared by the Government) of assignment,
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aa~
application, and other papers as are deemed necessary to vest in
the Government the Contractorts right, title, and interest as afore-
said and the right to apply for and maintain patents covering such
invention, subject, however, to the reservation of a nonexclusive
and roylaty-free license to the Contractor (and to its existing and
future associated and affiliated companies, if any, within the
corporate structure of which the Contractor is a part) which license
shall be assignable to the successor of that part of the Contractor's
business to which the Subject Invention pertains, and (D) in the
event that the Contractor, or those deriving rights from the Con-
tractor, elects not to continue the prosecution of any foreign ap-
plication which has been filed by or on behalf of the Contractor, or
elects not to maintain any patent granted on such application, so
notify the Contracting Officer not less than ninety days before the
expiration of the response period or patent lapse date and, upon
written request, deliver to the Contracting Officer such duly executed
instruments (prepared by the Government) as will convey to the Gov-
ernment the Contractor's entire right, title, and interest in the ap-
plication or patent, subject to a reservation as specified in (C)
above.
(f) If the Contractor fails to deliver to the Contracting Officer
the certificates required by paragraph (c)(ii) of this clause or fails
to furnish the written disclosures for all Subject Inventions required
by paragraph (c)(i) of this clause shown to be due in accordance with
any certificate delivered under paragraph (c)(ii), there shall be
withheld from payment until the Contractor shall have corrected such
failures either (i) ten percent (10%) of the amount of this contract,
as from time to time amended, or (ii) 5,000, whichever is less.
After payment of eighty percent (80%) of the amount of this contract,
as from time to time amended, payment shall be withheld until a re-
serve of either (i) ten percent (10%) of such amount, or (ii) x5,000,
whichever amount is less, shall have been set aside, such reserve or
balance thereof to be retained until the Contractor shall have fur-
nished to the Contracting Officer (A) the summary report required by
paragraph (c)(iii) of this clause, (B) written disclosures for all
Subject Inventions required by paragraph (c)(i) of this clause which
are shown to be due in accordance with certificates delivered under
paragraph (c)(ii) or in accordance with such summary report, and (C)
the information as to any subcontractor required by paragraph (h) of
this clause. The maximum amount which may be withheld under this
paragraph shall not exceed ten percent (10%) of the amount of this
contract or v5,000, whichever is less, and no amount shall be withheld
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under this paragraph when the minimum amount specified by this para-
graph is being withheld under other provisions of this contract.
The withholding of any amount or subsequent payment thereof to the
Contractor shall not be construed as a waiver of any rights accruing
to the Government under this contract. This paragraph shall not be
construed as requiring the Contractor to withhold any amounts from
a subcontractor to enforce compliance with the patent provisions of
a subcontract.
(g) The Contractor shall exert all reasonable effort to nego-
tiate for the inclusion of this Patent Rights clause in any subcon-
tract hereunder of $3,000 or more having experimental, developmental,
or research work as one of its purposes. In the event of refusal by
a subcontractor to accept the Patent Rights clause, the Contractor
shall not proceed with the subcontract without written authorization
of the Contracting Officer, and upon obtaining such authorization,
shall cooperate with the Government in the negotiation with such sub-
contractor of an acceptable patent rights clause; provided, however,
that the Contractor shall in any event require the subcontractor to
grant to the Government patent rights under Subject Inventions of no
less scope and on no less favorable terms than those which the Con-
tractor has under such subcontract, except that in no event shall the
subcontractor be required to grant to the Government patent rights in
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 contain-
ing 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 Con-
tractor hereby assigns to the Government all the rights that the Con-
tractor would have to enforce the subcontractor's obligations for the
benefit of the Government with respect to Subject Inventions. The
Contractor shall not be obligated to enforce the agreements of any
subcontractor hereunder relating to Subject Inventions.
(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 paragraph (g) a suitable patent rights clause from
a qualified subcontractor for any item or service required under this
contract for which the Contractor itself does not have available facili-
ties or qualified personnel, the Contractorts delivery dates shall be
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extended for a period of time equal to the duration of such delay; and,
upon request of the Contractor, the Contracting Officer shall deter-
mine to what extent, if any, an additional extension of the delivery
dates and an increase in contract prices based upon additional costs
incurred by such delay are proper under the circumstances; and the con-
tract shall be modified accordingly. If the Contractor, after exerting
all reasonable effort, 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 re-
quest shall specifically state that the Contractor has used all reason-
able effort to obtain such qualified subcontractor, and shall cite the
waiver or termination provision hereinafter set forth. If, within
thirty-five (35) days after the date of receipt of such request for a
waiver or modification of said requirement, the Contracting Officer
shall fail to deny in writing such request, the requirement shall be
deemed to have been waived by the Government. If within such period
the Contractor shall receive a written denial of such request by the
Contracting Officer, this ccntract shall thereupon automatically ter-
minate and the rights and obligations of the parties shall be governed
by the provisions of the clause of this contract entitled "Termination
for the Convenience of the Government."
14. AUTHORIZATION AND CONSENT
The Government hereby gives its authorization and consent for all
use and manufacture of any patented invention in the performance of
this contract or any part hereof or any amendment hereto or any sub-
contract hereunder (including any lower-tier subcontract).
(a) The Contractor agrees to and does hereby grant to the Govern-
ment, and to its officers, agents and employees acting within the scope
of their official duties, (i) a royalty-free, nonexclusive and irrevoc-
able license to reproduce, translate, publish, use, and dispose of, and
to authorize others so to do, nil copyrightable material first produced
or composed and delivered to the Government under this contract by the
Contractor, its employees or any individual or concern specifically em-
ployed or assigned to originate and prepare such material; and (ii) a
license as aforesaid under any and all copyrighted or copyrightable work
not first produced or compcs?d by the Contractor in the performance of
this contract but which is incorporated in the material furnished under
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l
ET
M
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the contract, provided that such license shall be only to the extent
the Contractor now has, or prior to completion or final settlement
of the contract may acquire, the right to grant such licensee without
becoming liable to pay compensation to others solely because of such
grant.
(b) The Contractor agrees that it will exert all reasonable ef-
fort to advise the Contracting Officer, at the time of delivering any
copyrightable or copyrighted work furnished under this contract, of
any adversely held copyrighted or copyrightable material incorporated
in any such work and of any invasion of the right of privacy therein
contained.
(c) The Contractor agrees to report to the Contracting Officer,
promptly and in reasonable written detail, any notice or clam:, of
copyright infringement received by the Contractor with respect to any
material delivered under this contract.
16. REPRODUCTION AND USE OF TECHNICAL DATA
The Contractor agrees to and does hereby grant to the Government,
to the full extent of the Contractorts right to do so without payment
of compensation to others, the right to reproduce, use, and disclose
for governmental purposes (including the right to give to foreign
governments for their use as the national interest of the United States
may demand) all or any part of the reports, drawings, blueprints, data,
and technical information specified to be delivered by the Contractor
to the Government under this contract; provided, however, that nothing
contained in this paragraph shall be deemed, directly or by implica-
tion, to grant any license under any patent now or hereafter issued
or to grant any right to reproduce anything else called for by this
contract.
The provisions of this clause shall be applicable only if the
amount of the contract is in excess of ;"'10,000.
(e) The Contractor shall report in writing (in quadruplicate)
to the Contracting Officer as soon as practicable after execution of
this contract whether or not any royalties in excess of :'250 have been
paid or are to be paid by the Contractor directly to any person or
firm in connection with the performance of this contract. If royalties
in excess of $250 have been paid or are to be paid to any person or
firm, the report shall include the following iteris of information with
respect to such royalties (including the intial $250):
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(1) The name and address of each licensor to whom
royalties in excess of $250 have been paid or are to be paid,
(2) The patent numbers, patent application serial num-
bers (with filing dates), or other identification of the basis for
such royalties,
(3) The manner of computing the royalties consisting
of (i) a brief identification of each royalty-bearing unit or pro-
cess, (ii) the total amount or royalties, and (iii) the percentage
rate of dollars and cents amount of royalties on each such unit or
process; provided that if the royalties cannot be computed in terms
of units or dollars and cents value, then other data showing the
manner in which the Contractor computes the royalties.
(b) In lieu of furnishing a report under paragraph (a),
the Contractor may furnish a single, consolidated report for each
accounting period of the Contractor during which the Contractor has
contracts with the Government, provided the Contractor has requested
and obtained the prior written approval of the Contracting Officer.
Such consolidated report shall be furnished, when the furnishing
thereof has been approved, in the number of copies as approved, as
soon as practicable after the close of the accounting period covered
by the report. Such consolidated report shall be made in accordance
with Contractorts established accounting practice and shall include,
for the accounting period, the total amount of royalties accruing to
each licensor at a rate in excess of X1,000 per annum on the Con-
tractor's over-all business, together with (i) the name and address
of each such licensor, (ii) the patent numbers, patent application
serial numbers (with filing dates), or other identification of the
basis for such royalties, (iii) a brief description of the subject
matter of the license under which royalties are charged, (iv) the
percentage rate or unit amount, or if the royalties do not accrue
by rate or unit amount, such other data showing the manner by which
the royalties accrue to licensor, and (v) an estimate or approxima-
tion (without detailed accounting) of the portion of such royalties
that may be attributable to Government contracts. The Contractor
shall, if requested by the Government, furnish at Government expense
a more detailed allocation of such royalty payments attributable to
Government contracts.
,r
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(c) In the event that the Contractor requests written ap-
proval to furnish consolidated reports under paragraph (b) above,
the Contracting Officer shall promptly consider the request and fur-
nish to the Contractor a letter stating whether or not the request
is approved and, notwithstanding any such approval, the Contracting
Officer shall have the right to question any such subsequently fur-
nished report as to accuracy or completeness of data and to ask for
additional information. The Contractor shall furnish a copy of such
letter of approval to the Contracting Officer administering this
contract.
(d) After payment of eighty percent (80%) of the amount
of this contract, as from time to time amended, further payment
shall be withheld until a reserve of either (i) ten percent (10%)
of such amount or (ii) 6W5,000, whichever is less, shall have been
set aside, such reserve or the balance thereof to be retained until
the Contractor shall have furnished to the Contracting Officer the
report called for by paragraph (a) hereof or the copy of the letter
approving the Contractorts request to furnish the report under para-
graph (b); provided that no amount shall continue to be withheld
from payment for the causes specified in this paragraph (d) if the
Contracting Officer shall find that the Contractor has not been fur-
nished a letter as required by paragraph (c) within a reasonable
time after making written request to submit a single, consolidated
report under the provisions of paragraph (b) of this clause; and pro-
vided further that the Contracting Officer may, in his discretion,
order payment to be withheld in the amount and manner above provided
if the report called for by paragraph (a) is unsatisfactory or if
the report called for by paragraph (b) is due but has not been re-
ceived, or if received, is found to be unsatisfactory. No amount
shall be withheld under this paragraph when the minimum amount spe-
cified by this paragraph is being withheld under other provisions
of this contract. The withholding of any amount or subsequent pay-
ment thereof to the Contractor shall not be construed as a waiver
of any right accruing to the Government under this contract.
Except as otherwise provided in this contract, any dispute con-
cerning a question of fact arising under this contract which is not
disposed of by agreement shall be decided by the Contracting Officer,
who shall reduce his decision to writing and mail or otherwise fur-
nish a copy thereof to the Contractor. Within 30 days from the date
of receipt of such copy, the Contractor may appeal by nailing or
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otherwise furnishing to the Contracting Officer a written appeal
addressed to the Secretary, and the decision of the Secretary or
his duly authorized representative for the hearing of such appeals
shall, unless determined by a court of competent jurisdiction to
have been fraudulent or capricious or arbitrary or so grossly
erroneous as necessarily to imply bad faith, or not supported by
substantial evidence, be final and conclusive; provided that, if
no such appeal is taken, the decision of the Contracting Officer
shall be final and conclusive. In connection with any appeal pro-
ceeding under this clause, the Contractor shall be afforded an op-
portunity to be heard and to offer evidence in support of its appeal.
Pending final decision of a dispute hereunder, the Contractor shall
proceed diligently with the performance of the contract and in ac-
cordance with the Contracting Officer's decision.
The Contractor agrees that there will be delivered under this
contract only such unmanufactured articles, materials and supplies
(which term "articles, materials, and supplies" is hereinafter
referred to in this clause as "supplies") as have been mined or
produced in the United States, and only such manufactured supplies
as have been manufactured in the United States substantially all
from supplies mined, produced, or manufactured, as the case may be,
in the United States. Pursuant to the Buy American Act (41 U.S.
Code lOa-d), the foregoing provision shall not apply (i) with re-
spect to supplies excepted by the Secretary from the application of
that Act, (ii) with respect to supplies for use outside the United
States, or (iii) with respect to the supplies to be delivered under
this contract which are of a class or kind determined by the Secre-
tary or his duly authorized representative not to be mined, pro-
duced, or manufactured, as the case may be, in the United States in
sufficient and reasonably available commercial quantities and of a
satisfactory quality, or (ii) with respect to such supplies, from
which the supplies to be delivered under this Contract are manu-
factures, as are of a class or kind determined by the Secretary or
his duly authorized representative not to be mined, produced, or
manufactured, as the case may be, in the United States in sufficient
and reasonably available co=ercial quantities and of a satisfactory
quality: Provided, That this exception (iv) shall not permit delivery
of supplies manufactured outside the United States if such supplies
are manufactured in the United States in sufficient and reasonably
available commercial quantities and of a satisfactory quality.
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T El
No member of or delegate to Congress, or resident commissioner,
shall be admitted to any share or part of this contract, or to any
benefit that nay arise therefrom; but this provision shall not be
construed to extend to this contract if made with a corporation for
its general benefit.
21. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure this contract upon
an agreement or understanding for a com^ission, percentage, broker-
age, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Con-
tractor for the purpose of securing business. For breach or viola-
tion of this warranty the Government shall have the right to annul
this contract without liability or in its discretion to deduct from
the contract price or consideration the full amount of such cor.Lmis-
sion, percentage, brokerage or contingent fee.
In connection with the performance of work under this contract,
the Contractor agrees not to employ any person undergoing sentence
of imprisonment at hard labor.
23. EIGHT-HOUR LAW OF 1912
This contract, to the extent that it is of a character specified
in the Eight-Hour Law of 1912 as amended (40 U.S. Code 324-326) and
is not covered by the Waish-Healey Public Contracts Act (41 U.S.
Code 35-45), is subject to the following provisions and exceptions
of said Light-Hour Law of 1912 as amended, and to all other provisions
and exceptions of said Law:
No laborer or mechanic doing any part of the work contem-
plated by this contract, in the employ of the Contractor or any sub-
contractor contracting for any part of the said work, shall be re-
quired or permitted to work more than eight hours in any one calen-
dar day upon such work, except upon the condition that compensation
is paid to such laborer or mechanic in accordance with the provi-
sions of this clause. The wages of every such laborer and mechanic
employed by the Contractor or any subcontractor engaged in the
3:T
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performance of this contract shall be computed on a basic day rate
or eight hours per day; and work in excess of eight hours per day
is permitted only upon the condition that every such laborer and
mechanic shall be compensated for all hours worked in excess of
eight hours per day at not less than one and one-half times the
basic rate of pay. For each violation of the requirements of this
clause a penalty of five dollars shall be imposed upon the Con-
tractor for each such laborer or mechanic for every calendar day in
which such employee is required or permitted to labor more than
eight hours upon said work without receiving compensation computed
in accordance with this clause; and all penalties thus imposed shall
be withheld for the use and benefit of the Government.
24. NONDISCRIMINATION IN 'MPLOYIENT
(a) In connection with the performance of work under this con-
tract, the Contractor agrees not to discriminate against any em-
ployee or applicant for employment because of race, religion, color,
or national origin. The aforesaid provision shall include, but not
be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termina-
tion; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post
hereafter in conspicuous places, available for employees and appli-
cants for employment,notices to be provided by the Contracting Of-
ficer setting forth the provisions of the nondiscrimination clause.
(b) The Contractor further agrees to insert the foregoing pro-
vision in all subcontracts hereunder, except subcontracts for
standard commercial supplies or raw materials.
25. WALSH-HEALEY PUBLIC CONTRACTS ACTS
If this contract is for the manufacture or furnishing of ma-
terials, supplies, articles or equipment in an amount which exceeds
or may exceed $10,000 and is otherwise subject to the Walsh-Healey
Public Contracts Act as amended (41 U.S. Code 35-45), there are
hereby incorporated by reference all representations and stipulations
required by said Act and regulations issued thereunder by the Secre-
tary of Labor, such representations and stipulations being subject to
all applicable rulings and interpretations of the Secretary of Labor
which are now or may hereafter be in effect.
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SECR
26. GRATUITIES
(a) The Government may, by written notice to the Contractor,
terminate the right of the Contractor to proceed under this contract
if it is found, after notice and hearing, by the Secretary or his
duly authorized representative, that gratuities (in the form of en-
tertainment, gifts, or otherwise) were offered or given by the Con-
tractor, or any agent or representative of the Contractor, to any
officer or employee of the Government with a view toward securing
a contrr-pct or securing favorable treatment with respect to the award-
ing or amending, or the making of any determinations with respect to
the performing of such contract; provided, that the existence of the
facts upon which the Secretary or his duly authorized representative
makes such findings shall be in issue and may be reviewed in any
competent court.
(b) In the event this contract is terminated as provided in
paragraph (a) hereof, the Government shall be entitled (i) to pursue
the same remedies against the Contractor as it could pursue in the
event of a breach of the contract by the Contractor, and (ii) as a
penalty in addition to any other damages to which it may be entitled
by law, to exemplary damages in an amount (as determined by the Sec-
retary or his duly authorized representative) which shall be not less
than three nor more than ten tines the costs incurred by the Con-
tractor in providing any such gratuities to any such officer or em-
ployee.
(c) 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 law or under this contract.
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.
28. ASSIGNMENT OF CLAIMS
(a) Pursuant to the provisions of the Assignment of Claims Act
of 1940 as amended (31 U.S. Code 203, 41 U.S. Code 15), if this con-
tract provides for payments aggregating $1,000 or more, claims for
moneys due or to become due the Contractor from the Government under
SEC
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"0
this ow neat OW be asaiansd to a book* knot "MaWs ar .thaw
tiaaeositi if lw"UtI aas Iftudift aaw iwdaral ]..nrd3sd apaaeeirs sod
wg tawesf% r be Macaw swim" aad lrsd to a w so & in-
aetitstt3+srt. My seek wipearsat ar r.assi~reeot wish sae all
aNaots pgsbl nriur this a is eat sod aot &U OW paid, aaad Mb MU
oil be cords to an* tiksa sss per** sarrspt tint asp- so* aarip-
esat ar rwssi~aaama rqr be sds to aMe pasty of agent se tr+ et.s to
tss aae awls pestles partioipillap is suit iia siap. >~Aaritietassdiarrp
aw .Roar prewss3ara at this araeraakt, pgasots to as aslp, ss at aq
asae IN dere ar to besaaar des wader ft" osatraat stwsil all, to tM
ssysat eeided is said Ast M Meardsd, be s*3.st to rodeetio ar
set?itt.
(b) Is NO .sett sltsti' iapisa at tits 040"04 Or 4c sow PLINIMI#
spesiti.iliwrs, or arltMae mUdlAw dart+wrteatm raiaraLtp to nark weir
OCaatlriasrtlal,"'
this iso st, If aaarksd `'ap 1 ..84aw at
be reem"dod to a w wipes at sow "a" atlsisq modes this aae-
tesrst ae to OW at,rar, parse aati "*M" to rss-ei,e on saw pre-
?iaai"e, ft" a epic alt aq pert w sal at tiffs sasdar " aaaa- ado* aw
be tasisbed, at sa y Tatar apt oaartsiaed thereto Mary be disslsssd
to seek assipaw mm the paw tas- aeMart~trttlaw at tie CAN-
-A t 'Base.
MILITARY UC 1TT
(a) The p attsyiw at thu *law* shalt "or to lbw sect" than
this sssrirast i so s l a. Yeses to W E M t- dsaeitlsd *T 8sM
Asa w r'CftmdseaatiW6*
(b) The BiorRlM cot aSU aoUo IS s et r at tie s.saritp'
al eit3ss~tis at this s=%arsst ad IS si~ts the a is aid of ow $eik-
esgaesst rs lsims In no aless3fies iw the eM at a
8ss,rrltp ~ Cise3ial ( Alm 2*) sod ends s tinris
(r tare. ty' ?1).
(e) Ti tae astsat the carat Tusk hats lad stsd of at IS dote at
We we st, at tirstost o iaawtitlrae1os, se9sa001alsoesdw
this swktast sr prow"" is parsglea~ph (b) aiksare IS Cow,
aan"% so SUMre+a ss p ovi sd In this alarw, saw ail
a
a3a ssiti.ad *Umm sk at this as tr t acrd shlU Pwflde OM mdoWds
weUme at Suaitp sasWds wills its Mess atpae3saMIm s In asesrr+irse
with the reVdm now at (i) the Capsrt~aasat at D"Imme ladsetrial
S.sMri#p rwatL tie Sad sarrdia Clsasltiad $sseritp bttarrtisa as has
attest ask We date at this whet, w-iet aaassl 3s ikseabp- iasas~-
psrated lq` xotaeatse sod amiss a part at this ~; asrd (ii) aagr
Ira to said eared required by tan sods at sit mbel aesarity
as dstse aid by tine Oew wmb coed Made aritsar the date at this
soatmt, aiMs at ohlab has been funkiaisd to tie awetarastar by
ws~rt f
tho
ddrt ~a
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SE
(d) swipwnto~d stiryr~sswrtatie~se of the oev4wmwt r ps ib1a tae
la th! pMUSa to 1AMw"14 ss eril y ab.11 b" O the rlaft to
isrMpsot at s'IMSia lw s Vas P sea 4wrass Mlbsds, we tsweixitiw
a ilissd by has Casirsrs~tae in 00*97 a with lb. rsgafr r o at the
taros ad WIMMUMIMMIll it this a'tasos. $bssid the 0wsras , rwb
its aatise#sat t1 rrssiMlGSctia s. ds#NdrMr tit tie C* l s me ma
easpiisd with sa srrptAs ono6ft the Aw~sreMrsset emu istara Vas
Cssrlrsstsr In wrftist at the P IPM Mau" to be soft in erd_ to
attest sw*1.iwa with s>teh r a~sts.
(s) it the ssat a sisnrs is sasaaari jr saaidx wt $, as WSVi 4
in 0ar0 spbs (b) am (a)s ru*tts {i) la a s is the s rit,~r
alssaifi+ssrtzas at tip swarost ar saw dam" tiaerst fast a swai-
siassitlad star to a slassitiid swan w frss a IAMW
slso~sitis stirea
to a hidMr oiewsiti+tst sN, ar (ii) In mere 1401M istiws aura soataairr
UM pre omay rs rsd, tie cwelsastse s~ a y
attest saspahibis ,i* its Ad" pslliiss to ssstiam the pss'o
t ,00 0 46 at watt wdAsr the MINUVA is sss* lass with sr sk"gs is
aliwisssetl~s. sr s is+wsrts. it, ds saMMb r~rsrassl4Ze
stt+srte-, the Cie dstars ss that has o~sstiwotioa at wont wMdsr
t us eawn" is swMt rlritrslr~ brsssss it sr - as in ssswity
olassillssi#+st- or rsgsittiasatsr, it shell as usury the --
Miser in wash".
(t) After ressivist sash writes as ,f has tsar Casdprastiaj
atfis r shall a"dars the s now w,ta lisyl the propsssd she
is sswrig i des ae re sirerteat~M aad shall t~s mask
suk a MokwU7 sstsstsr~r sistAwsd +iftrs Ci e1sreiar aas
psrttaronSS at his welt MAW this sw"ssu and"aus
at rulow (U) the CMS In st its"Ung Woe,
+ `!' ash i '3assrti (1) by
! a s ti 1fv awl bus s3#idrsstM, or (i#) a ik z
a hed tae sat ai"pa rt+srwre Vt ai W AM this sows" has ash
bole aprssd Ipssr, the Ciislla otse rstrrsst the C rashes ttttiasir
to t"aass the srs toart slrlil W pea. !lwMli s, tie C st st e
Q[tissr stmt swainuts the aasteast is skda or pert, as a w be
apps' ss and sash tsraAaati+ea sh*U be drs.,d a - om Wales wMAsr
the p,Mlsd+ssos st the Ouff S at we saNrat asctil'ksd *tsr
tar the CsM -& le Ms at Vie 000 .
(h) !is Cssirarrtar sMErsas t? isourt, is all srlwsestrseM bersadsr
shish la ss assn" to alss~d itensstiesr, prwintws Ihiat s el
sost_e asetestis , fro lire leftarspM of ibis slwrr, lasirMisp this
p" No M* (h), bran asaMUdiM pea "M (s), (t)r awlt (E) at this ala ..
R
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(i) TM Cimtio W afro egret s that it aMa11 detorearrriirer that aq
pg @prsd Vw it tae the taeaeL st r"Uss aadd
esrv&sss d viii i s &seem to 418"U red lartaerderett#~s to the
__ tiw'i NIA Me bow peaerted age aplrerdrperiata faulty aMeeeiig-
ft-Im"
*IMWWAM trldab is awl in affieh aiae to bsiaed a ss sd aeeret
to .iwb sl+asaril3+rd idgrtaRwaedtl~aret.
3D, urnim2CN or s oLt, sUium O1SC
(a) I t is tirre PdI*Y it tM OWWWWW t arr 6is1 sd b' tM Gse-
paesss to tat abm* Ow V.atsit aeltllisdeti+as at grin M las
amasser *ish is soasisfast with attlaiast ldeieMtireat.
(b) TM Cssta'astdee armed to craw lsd tb aesslas 4 am"* of
srr rruatraetia to _11 brrslmEn smsioers. halt the Camtre~ timid
to be saeriartout vit#d Ow a tiolet imtw~* it tMs owdrawU
no TLRXLZiTICM ?OR Tt : OMMU1IC .
(de-) TM pwrta~das n at work tiei,r We swa4e-ast be tearaiAdetad:
in .bale or rive tidar M Use is psta 1w No Ofro ra ust yr tae
auapr room the Caeglrs iers t tfirser deld.i1 ditterAdit that ssadrie t atdiiw
is is the bdrdet iatweeti at the Csrrraor ssast: ldrrariaM as at W lr hwe
aadae iteail be attested by iel*0as7 to tMe Cwafrrac w it a at
Tiends~atis ryssit7$a the aettaeet to 16ub Fsstaeaeeses at N41*
00 eostr+aat in taradast.d ared. the 40. apse Vtdiit *Wb tdesaIostin M-
? : ottastiis.
(b) Aft. reel 5 at tM Maths at 1 im id medtin the Caer N
abeU ss :1 its awRst diap ssasalteeesrtde '1 1 - -drr sa rus - we-
at aroRdd M1s, ardepprlidrara grad sdsadeUaaeiw itaew*
is adiditls the CasRaraattoer ?ha11 araresdme aril rsaec Ia dllipaeess to
sssanpllad the adsrMr~rl3artiia +eer dfivsrvts at its T ai
ss rsts - pwom at asevlrlioat and aartasdiwM M3esd tM darts
at ma tienrdeestteed to t w auto* tbst rural to the I a taereerra
at OW vast t1ft laaated by the . i t to is 488901W
,amps ttr Cal Wsstac NrSIl to (i.) WOU mU aeeete~
~tios awd mU elatas WW" i" at $016 anima it
owsitsts si* the "Peass3 aver rstltl+ratis it tw C+s W
CtfSseea to the ad" be - raga:ror >rlaisie ar e+ereral ae arstitieatls
A au be tlaa for au "wpm" at file 4ow% aced (iii,) aarip to the
tt~wse la tM yaw - s- at tart tldaa , ad to tM oft" *k* *W by
flea Csreastiap ta*tldewo ail it tM RI O%* title and tatrewt at frier
Carrttlrmeter mrWk the Qrdwq sM 8aierarerteserts so tiesdsattrd? is
gars the Owromu" deteall d tiAr aril bat fats "Me to settle
4V pay OW aR a31 claim A* at tM tereaairrattidaad at so and re
need sdr Oft4arostt.
(a) Mw Csberstar drlra411 aeirarit its % II da ice glair to the
paoatrt3T aft re rassi$ at a NOW* at vinatiss
later than few Tess #trrrr the date the .d
Iaalsss gear as *me sxt m sirs In mitt ars pith , the
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C LA-- ottj sr npa at tM utv"
=t tit !MS" Pat" ar saa isa>wd 05i thdrewo
f"11"
at tit Carr to writ~tt ! tarn wsRiMNt r#OW iMls tsas
Castarrirsts- IW was at tho l fiMa and * tMrsaapa Mt.
the G406reftw me amt so dsiw rd.
(6) Aw iat~I I miss tan at snits shw pa roil (a) asU be
by Via *04 so" a" tdei- is 10 OP is b $-W at
Sasti+tt sat taiart leari r prat C~l~+sy of is
ottaot as tbs Am* at this osnApraasl.
(o) sit to UN PwAscimme at 10, prrol (a) Mons the Can-
r am UN aartAat astiaap O"I"r alarms Was tbs w m as
OW
Pft% at tir asMrnat as any
a" t? be p 1 to Ow mar by "am
at taw taeb- wWW We alaann, sbkb as at as swrA is awq-
iadads mar ram arftas airartss wMw* w iaaarTsd by Ow
Caltls me b w ad aw rM~saaNtl-lalrt 1AD! *ft aMAstsaaaadiaapp ao tsti ftt
tMt s + . how"W
to Ulf* Mw t tom'' ' ,
a~arl~~~ tM Castr s tar is tai aaaassis Litt Cesttra>tar
sMU balers a .d raat~masbla i# ipan. to disast sa>sit swLtraasat~s
to its ht a4104tiss ad a times. l ask lip m s ill
M Mi rd is as asMai t to We .at and 00
Q~
sMU be paid Ow a fsoMd anar wI6
(t) Yks swwamtrat mw !lama ti to %1 44 radar ova tarts and
oaadttirM~s of it aq praas woe, ad* partial s ii -t sash
iasasied by No Astir in sarasstiaa sitb flits tarsrinrttsd patartt~as
at we t s in tM aPIN3a at UN C 3~ t "!ta,
MW str at so* is sites No ansarrat to a3M1t tits
C~enlpastae will bs as itlsd b rMrdr. It tM tarisl at ask p"as"
is is aansutt at tM mong tiaallt op ii or dsi~rrnbw-M to be drat
"d w tug slams ant an"" sksU to P4444 by U waster to
Ow owassrttai~ttt w ft dsasd. PWA" *at go" mean to VA&
paLd V ft d mda iw rsst VMWOM AMU M p - by tin ear aster
to tilt IN Ownwt it Us riM at 40 par awamew begs iii 30 ft* fMs
0s lots at ss k Amaarsd.
(tc) TM Castsstrrr s to tills sad to l s
w~'wlt0 is an Ammm lest i, at go Iles and to the aWMsts it sows
+dirast+ad bjr the Cam>Asa.Uss Ort r, ON& infM Was mad awn Ibleb,
At tbs saaaUost b" bass oaa~ttatads a4d boo bass ss brad to be
fwnldkad to tits 01 mwMi , lssla~aAiaaa~ (i) .swplatsd as pattLaug
Oww t.d #ians, drradss and 11 k4 ad (U) aatarils as
~t p r+MUad as is prrwed as asgsfrsd I s tibia silk tM
parfassaaaaas at lba saaar# ~sI by tits a Mi s, !liar tMa tbs
Move Ow t-arMd a rwtt.rry sa antt from tits tsralasume, at Ms
m e tout aoa silk MW eriltMa watt at "NO III-OW-9w
Mld or aspairod by tits Ca r ts- attar Vim sasditi NO
ibsd
by and it a piLN. ar prim op I I* by tits Cr ea gtt3sr. 'l'bs
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Ow mob
I* b* me
=rail= `2 ~,"-M 6 a r A WU
A I- et
STAW
t* N.
be mamma taVr.ram
4c M* w4up" I __
"s
VNI NO
wt mare AMP &bft
t~s~rtirrlit au w 'fir ~-r +
~
M1SON, !
to tidOa ##Ltt p M tat ~,.
~~ +~l is iM the J UM dw "Wear
"dedou be awwak to ailomme de
sombraA into SL-s ---NMI ItSMIN IX Ma w bw Iwo am* An
?
among ft "as 7s
ph r
34
244 uas~o so gm& via& Pao woo
t `
Zan" - t W
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Iq
Next 2 Page(s) In Document Denied
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SECRET.
For release Monday, 7 May 1956
ATTACF ENT C
NAM ANNOUNCES START OF NEW RESEARCH PROGRAM
Panel of the NACA's technical Subeend.ttee an Aircraft Loads. In its
research programs, the NACA is charged with oooxdInation of aeronautical
research, and with taking action fseoessary to avoid undesirable duplica.
The need for more detailed information about gust-meteorological.
conditions to be found at high altitudes as high as 50,000 feet, has
resulted in the inauguration of an expanded research program to provide
the needed data, Dr. Hugh L. Dryden, Director of the National Advisory
Committee for Aeronautics, announced today.
"Tomorrow's Jet transports will be flying air routes girdling the
earth", Dr. Dryden sad. "This they will. do at altitudes far higher
than presently used. except by a few military 'aircraft* The availa-
bility of a new type of airplane, which is one of several that will
be used in the programs helps to obtain the needed data in an economi-
cal and expeditious manner."
This aircraft, the Lockheed U"2, Is powered by a single Pratt &
'Whitney J-57 turbo-jet engine and is expected to reach ten-mile-high
altitudes as a matter of ,_record, according to the RAGA. A few of
these aircraft are being made mailable for the expanded HACA program
by the USAF.
The program is along the lines reccanended by the Gust Loads Research
Among epo0afiO
e7.ear.'ais'tirseleeesoomneatit~!
_
Richard y Y, RietAss3etant ;D3 risigarsuOb~'
as a result 4winfalrmatien so*.to be' o~aiaad to, rz v1s '
.air transport operators,
"The 'program would' not have been possible," Ni. Rhode said
"without, the ability of American scientific efforts to join forces."
Actually, according to Mr. Rhode, success of the program depends in
large degree upon the logistical and technical support which the Air
Weather Service of the USAF will be providing. USAF, facilities overseas
will be used as the program gets underway, to enable the gathering of
research information necessary to reflect accurately conditions along the
high-altitude air routes of tomorrow in margr parts of the world. The
data gathering flights will also be used, at the request of the USAF,
to obtain information about cosmic rays and the concentration of certain
elements in the atmosphere including ozone and water vapor.
SECREZ
N hope of ~thi
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$ECR 1
ATTACIMCsNT C
o
The first datas covering conditions in the Rocky Mountain area,
are being obtained fray flights made from Watertown Strip, Nevada,
Mr. Rhode noted that the data would be equally useful to technical
experts of the Air Weather Service in expanding their knowledge of
abnosphez is conditions at high althtude, . .
(Suggestion: As close pp, uses Members of the :ACA Subcommittee
on Loads, Gust Loads Research Panel, inaludes4?and then list,)
SECRET
Sanitized Copy Approved for Release 2010/12/07: CIA-RDP57-00011AO01000100137-4
 Sanitized Copy Approved for Release 2010/12/07: CIA-RDP57-00011A001000100137-4
SECRET
ATTACT D
The Lockheed Aircraft
Jet air~cr.aft (using Corporation has built a single engine
the Pratt & Whitney J-57 engine) of which a
number have been procured by the United States Air Force,
been designated as the U?2. A few of
made these aircraft have been
available to the National Advisory Committee for
for conduct Aeronautics
a research program designed to observe and meas
certain phenomena at urn
high altitudes Studies will include the
effects of cosmic rays, turbulence characteristics ea
the het stream p~i~~y in
temperature structure, wind structure and the
concentration of certain elements in the atmosphere
?and wat61, such as ozone
vapor. The Program Vd1l be conducted
the logistical by the NACA with
and technical support of units of. the U,S
~Ar Weather
Serv3 ce. :Research act
ivities ar Pt~n
e''se
'
f
United States r'om a "~strio ted area ? n f
Si:r activities 'jaill be` copdycted .~R ~wwu Olp I 'j`llVadao
+` Wn U
S
`
instlla
ations
overseas where the Ai
r
deather service will act as ?
.in the actual c executive agent
conduct ofdata-gathering operations since the has facilities and XACA
Personnel only in this country.
SECREZ
Sanitized Copy Approved for Release 2010/12/07: CIA-RDP57-00011AO01000100137-4