(UNTITLED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81B00879R000900110092-4
• Release Decision: RIFPUB
• Original Classification: S
• Document Page Count: 30
• Document Creation Date: November 16, 2016
• Document Release Date: November 3, 1999
• Sequence Number: 92
• Content Type: CONT

r : Approved For Ruse 2000 KALM&W RDP81 BOb09R000900110092-4
As used throughout this contract, the following terms shall
have the meanings set forth below:
(a) The term "Secretary" means the Secretary, the Under
Secretary, or any Assistant Secretary of the Department and the head
or any assistant head of the executive agency; and the term "his-duly
authorized representative" means any person or persons or board
(other than the Contracting Officer) authorized to act for the Secretary;
and the .term TTDepa_ tment" means that compone it of the Government having
cognisance of this contract and r(.presented t)r the Contracting officer
executing this contract,
(b) The term "Contracting Officer" means the person executing
this contract on behalf of the Government, and any other officer or
civilian employee who is a properly designated Contracting Officer;
and the term includes, except as otherwise provided in this contract,
the authorized representative of a Contracting Officer acting within
the limits of his authority.
(c) Except as otherwise provided in this contract, the term
"su}hcontracts" includes purchase orders under this contract,
(d) The term "contract worktt means all work to Ite performed
under this contract including any studies covering fundamental, theo-
retical, or experimental investigations: any extension of the invesir
tigative findings and theories of a scientific and technical. nature
into practical application; any tangible, terms, hereinafter referred
to as supplies, if called for herein, furnished to the Government;
and any reports, data, computations, plans, drawings, and specifica-
tions with respect to the foregoing.
El DECLASSIFIED
NO CHANGE IN CLASS.
DOCUMENT NO.
of change: PPOL'IDID, H0'.mV R, That the Contracting Of f er.0 if he
The Contracting Officer may, at any time, by a written order,
and without notice to the sureties, if any, make changes in or
additions to drawings or specifications, issue additional instructions,
require modified or additional work or services within the general
scope of the contract, change the place of delivery or method of ship-
ment, or the amount of Government furnished property. If any such
change causes an increase or decrease in the cost of, or the time
required for, performance of this contract, an equitable adjustment
shall be made in the contract price, or time of performance, or both,
and the contract shall be modified. in writing accordingly. Any claim
by the Contractor for adjustment under this clause must be asserted
within (60) days from receipt by the Contractor of the notification
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decides that the facts justify such action may receive and act
upon any such claim asserted at any time prior to final payment
under this contract. Failure to agree to any adjustment shall
be a dispute concerning a question of fact within the meaning
of the clause of this contract entitled "Disputes."" However,
nothing in this clause shall excuse the Contractor from pro-
ceeding With the contract as changed.
Except as otherwise provided in this contract, no naymcnt
fcr extras shall be made unless such extras and the price therefor
have been authorized in writing by the Contracting Officer.
All services, material and workmanship shall be subject to
inspection and test by representatives of the Government. For this
purpose, the Contractor shall allow at all reasonable times, to the
extent approved in writing by the Contracting Officer or his duly
authorized representative, inspectors and other Government personnel
free access tothe plant and operations and shall provide all reason-
able facilities and assistance for the safety and convenience of the
Government inspectors in the performance of their duties.
Except as otherwise provided in this contract, (i) the Contractor
shall be responsible for the contract work until it is delivered at
the designated delivery point, regardless of the point of inspection;
and (ii) the Contractor shall bear all risks as to rejected work after
notice of rejection.
6. ?'ATCrt! e'TS
The Contractor &e libe paid, upon the se.ebmission of properly
certified invoices or vouchers, the prices stipulated herein for
contract work delivered and accept,-,,d, less deduction, if any, as
herein provided. Unless otherwise specified, payment will be made
on partial deliveries accepted by the Government when the amount due
on such deliveries so warrants; or when requested by the Contractor.,
payment for accented partial deliveries shall be made whenever such
payment world equal or exceed either ;1,000 or rO percent of the
total amount of this contract.
(a) Pursuant to the provisions of the Assignment of Claims
Act of 1940 as amended (31 U. Code 203, 41 TT. S. Code 1>), if
this contract provides for payments aggregating "1,000 or more,
claims for moneys due or to become. due to the Contractor from the
Government under this contract may be assigned to a bank, trust
company, or other financing institution, including any Federal
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SECRET
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landing agency, and may thereafter be further assigned and re-
assigned to any such institution. Any such assignment or re-
assignment shall cover all amounts nayablo under this contract
and not already paid, and shall not be made to more than one
party, except that any such assignment or reassignment may be
made to one party or agent or trustee for two or more parties
participating in such financing. Notwithstanding any other
provision of this contract, payment to an assignee of any moneys
due or to become due under this contract shall not, to the extent
nrovidod in said Act as amended, be subject to reduction or set-off.
(b) In no event shall copies of this contract or of any plans,
specifications, or other similar documents relating toi^or?c under
this contract, if marked "TOP SECRET," "SECRLT," "CON IDLiPTIAL,"
be furnished to any assignee of any claim arising under this con-
tract or to any other person not entitled to receive the same;
P`?CVIDED, That a copy or any part or all of this contract so
marked may be furnished, or any information contained therein
may be disclosed, to such assignee upon the prior written author-
ization of the Contracting officer,
(c) The Contractor shall obtain the written authorization of
the Contracting officer prior to the assignment of any rights under
this contract.
8. F .T R(.L, ST^,TIJ' A':'1T) LOC 1,L TAXES
(a) D'?FINTTIOT\TS. As used throughout this clause, the following
terms shall have the meanings sct forth bulow:
(i) The term "direct tax" means any tax or duty
directly apnlic'able to the completed supnlics or service's
(as distinguished from taxes directly applicable to materials
and components used in the manufacture or furnishing of the
completed supplies or scrvices)covercd by this contract or
any other tax or duty from which the Contractor or this
transaction is exempt. It includes any tax or duty directly
applicable to the importation, production, processing, manu-
facture, construction, sale, or use of si_a.ch supplies or
services; it also includes any tax lc,vied on, with respect to,
or measured by sales, receipts from sales, or use of the
supplies or services covered by this contract. The term does
not include transportation taxes, uro:mployment compensation
taxes, social security taxes, income taxes, excess profits
taxes, capital stock taxes, proncrty taxes, and such other
taxes as are not within the definition of the term
"direct tax" as set forth above in this paragraph.
(ii) The term "contract date" means the effective
date of this contract. For the purpose of any additional
procur< mc.nt of su.pplius or services called for by any agree-
ment supplemental hereto, the term "contract date" shall
refer to the date of such supplemental agreement.
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(b) FPf} 'ttL, STATE ANT) LOCAL TAYES. Lxcent as may be
otherwise provided in this contract, the contract price includes
all applicable Federal, State and local direct taxes in effect on
the contract date.
(c) PPICE A^;D ADJ?TST.:Z'TT.T. If, after the contract date, the
Federal Government or any State or local government either imposes
or increases (or removes an exemption with respect to) anyr direct
tax or any tax directly a p -)lic.ablu to the materials or compon;. nts
used in the manufacture or furnishing of the completed supplies or
services covered by this contract, the contract price shall be
correspondingly increased, and if interest and pen,nltics are in-
curred by reason of delay in payment of such tax on the instruction
of the: Contracting Officer, and such interest and penalties are
legally imposed, the contract -price shall be correspondingly in-
creased. If, after the contract date, the Contractor is relieved
,in whole or in ,part from the, pay ent or the bard n of any direct
tax in( luded in the contract price, or any tax directly applicable
to the materials or components used in the manufacture or furnishing
of the compl.ted s...mplit s or services covered by this contract, the
Contractor agrees promptly to notify the Contr. actin; Officer of such
relief, and the contract price shall be correspondingly decreased
or the amount of such relief paid over to the (ove rnme:nt. Invoices
or vouchers covering any increase or decrease in contract price
pursuant to the: provisions of this paragraph shat state the. .mount
thereof, as a separate added or deducted item, and shall identify the
particular tax imposed, increased, eliminated, or decreased.
(d) R. ,FTPTTJ M DRA TRACK. If any tax or duty has been included
in the contract -rice or the price a.s adjusted under nnragrnnh (c)
of this clause, and if the Contractor is entitled to a refund or
drawback by reason of the export or re-export of supplies covered
by this contract, or of materials or components ^.sed in the menu-
fa.cturc: or furnishing of the completed supplies or servi_cc:s covered
by this contract, the Contractor agrees that he will nromptly notify
the Contracting Officer thereof and th..t the amount of any such re-
fund or drawback obtained will be paid over to the Gove.:rnmE.nt or
credited against amounts due from the Government under this contract:
PROVIDED, HCdIVER, That the Contractor shall not be required to apnly
for such refund or drawback unless so requested by the Contracting;
officer.
(a) The Government may, sujhcct to the provisions of paragraph
(b) below, by written Notice: of Default to the Contractor, terminate the
whole or any part of this contract in any one of the following circum-
stances:
(i) Tf the Contractor fails to make; delivery of, or to
perform, the contract work within the time specified herein
or any extension thereof; or
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(ii) If the Contractor fails to perform any of the
other provisions of this contract, or so fails to make
progress as to endanger rcrformancc of this contract in
accordance with its terms, and in either of these two
circumstances does not cure such failure with-.n a period
of ten (10) days (or such longer period as the Contracting
Officer m'.77 avithorize in writing) after receipt of notice
from the Contracting Officer spccifyinr; such failure.
(b) The Contractor shall not be liable. for any excess costs if
any failure to perform the contract arises out of causes beyond the
control and without the fault or negligence of the Contractor. Such
causes include, but are not restricted to, acts of r,od or of the
public enemy, acts of the Government, fir(.s, floods, epid(.mics,
quarantine restrictions, strikes, freight embargoes, unusually
sc,vercvronthcr), and defaults of subcontractors due to any of such
causes unless the Contracting Cfficcr shall determine that the
contract work to be furnished by the subcontractor was obta.inaolc
from other sources in sufficient time to permit the Contractor to
meet the required de,liveryr schedule.
(c) In the event the Government term_in:~tes this contract in
whole or in. )art as provided in paragraph (a) of this clause, the
Government may procure, upon such terns arid in such manner as the
Contracting Officer may deem appropriate, contact work similar
to that so terminated and the Contractor s}:l be liable to the
Government for any, excess costs for such similar contact work;
PROVID]ID, That the Contractor shall continue the performance, of
this contract to the extent not terminated under the. provisions of
this clause.
(d) If this contract is terminated as provided in paragraph (a)
of this clause, the. Government, in addition to any other rights
provided in this clause, may require the Contractor to tran.rafer title:
and deliver to the Government, in the manner and to the extent directed
by the Contracting Officer, (i) ^.ny completed contract wcrk, and (ii)
such partially completed contract work and materials, parts, tools,
dies, jigs, fixtures, plans, drawings, information, and contract
rights (hereinafter called "mranu..f.acturing materials") as the Con-
tractor has specifically produced or specifically acquired for the
performance of such part of this contract as has been terminated;
and the Contractor shall, upon direction of the Contracting Of.'iccr,
protect and preserve property in possession of the Contractor in
which Government has an interest. The. Government shall pay to the
Contractor the contract price for completed contract work delivered
'to and accepted by the Government and the amount agr. ed upon by the
Contractor and the Contracting Officer for rr^nufact, ring r'ea.t~_rials
del.ive.red to and accepted by the. Gov,.:r.^nmw it and for the prote ction
and prose rva.tion of grope: rtyr. Failure to agree shall. be at dispute
conecrni.n., a question of fact within the meaning of the clause of this
contract entitled UDisputcs.ft
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(c) If, after notice of tc;rmination of this contract under
the provisions of nararaaph (a) of this cl^usc, it is determined
that the fn.ilure to perform this contract is chile to c,^.uscs beyond
the control and without the: fruit of nuligencc of the: Contractor
pursuant to thrc~ provisions of pn.ranr^nh (b) of this clause, such
Notice: of Dc-fault shall be dccme:d to have bccn issi.icd pursun.nt to
the clause of this contract entitled 'nTcrmin^tion for Convenicncc
of the rTovc:rnmcnt,'t and the rights and obligations of the parties
icrcto shall in such cvcnt be govc,rned by such clause.
(f) If the Contractor will be un-.blc. to compl!2tc th,.. contract
work rnd real}e dEllvcrv -It the. time, specified in the: schcdul , it ma r
give the Contr,-ctina Officer written notice of the; ~nticin