a a a te a Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 6. ‘The Contractor shall provide all necessary medical care to research subjects for injury or disease which is the proximte result of participation in the research. 7. Studies conducted outside the United States, its territories or possessions, shall be conducted in compliance with all laws, customs, and practices of the country in which the study is to be conducted. c. REPORTING ON: 1. Copies of all documents presented or required for initial and continuing review of the CRB, e.g., Board minutes pertaining only to the contract, record of subjects consent, transmittal on actions, instructions and conditions resulting from Board deliberations addressed to the activity director, are to be retained by the Contractor for at least three (3) years after completion of the research. All documents.shall be accessible for inspection during normal working hours by the DIA COIR or authorized representative. 2. Except as otherwise provided by law, information in the records or possession of the Contractor which refers to or can be identified with a particular subject may not be disclosed except: a. With the consent of the subject of his legally authorized representative, or b. As may be necessary for the DIA to carry out its legal responsibilities. 3. Upon expiration or termination of this contract, a list of all unused test material shall be provided to the DIA Contracting Officer. 4. The Contractor shall immediately notify the DIA Contracting Officer, by telephone, of inquires from sources outside the Department of Defense concerning the use of human subjects under this contract. - MDA908-93-C-0004 . H-4 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
$G1D Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 ; SECTION I CONTRACT CLAUSES I.1 252.201-7000 DAC 91-3 S7FR179 09/15/92 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991) (a) Definition. "Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. (b) If the Contracting Officer designates a contracting officer’s representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR’s authority to act on behalf of the Contracting Officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract. (End of clause) I.2 52.203-6 AL 92-9 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1985) (a) Except as provided in (b) below, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract. (b) The prohibition in (a) above does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. (c) The Contractor agrees to incorporate the substance of this clause, ’ including this paragraph (c), in all subcontracts under this contract. (End of clause) I.3 52.215-39 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB) (JUL 1991) The Contractor shall promptly notify the Contracting Officer in writing when it determines that it will terminate or reduce a PRB plan. If PRB fund assets revert, or inure, to the Contractor or are constructively received by it under a plan termination or otherwise, the Contractor shall make a refund or give a credit to the Government for its equitable share as required by FAR 31.205-6(0)(5). The Contractor shall include the substance of this clause in all subcontracts under this contract which meet the applicability requirements of FAR 15.804-8(f£). The resulting adjustment to prior years’ PRB costs will be determined and applied in accordance with FAR 31.205-6(0). (End of clause) MDA908-93-C-0004 ; Page I-1 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 1.4 52.219-9 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN (JAN 1991) (a) This clause does not apply to small business concerns. (b) “Commercial product," as used in this clause, means a product in regular production that is sold in substantial quantities to the general public and/or industry at established catalog or market prices. It also means a product which, in the opinion of the Contracting Officer, differs only insignificantly from the Contractor’s commercial product. "Subcontract," as used in this clause, means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor Calling for supplies or services required for performance of the contract or subcontract. (Cc) The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, which separately addresses subcontracting with small business concerns‘ and with small disadvantaged business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business concerns and with small disadvantaged business concerns with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract. (d) The offeror’s subcontracting plan shall include the following: (1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business concerns and small disadvantaged business concerns as subcontractors. The offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. (2) A statement of-- : (i) Total dollars planned to be subcontracted; (ii) Total dollars planned to be subcontracted to small business concerns; and (iii) Total dollars planned to be subcontracted to small disadvantaged business concerns. (3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types pianned for subcontracting to (i) small business concerns and (ii) small disadvantaged business concerns. (4) A description of the method used to develop the subcontracting goals in (1) above. (5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the Procurement Automated Source System (PASS) of the Small Business Administration, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small and small disadvantaged business concerns trade associations). (6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the MDA908-93-C-0004 Page I-2 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 method used to determine the proportionate share of indirect costs to be incurred with (i) small business concerns and (ii) small disadvantaged business concerns. (7) The name of the individual employed by the offeror who will administer the offeror’s subcontracting program, and a description of the duties of the individual. (8) A description of the efforts the offeror will make to assure that small business concerns and small disadvantaged business concerns have an equitable opportunity to compete for subcontracts. (9) Assurances that the offeror will include the clause in this contract entitled "Utilization of Small Business Concerns and Small Disadvantaged Business Concerns" in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) who receive subcontracts in excess of $500,000 ($1,000,000 for construction of any public facility), to adopt a plan similar to the plan agreed to by the offeror. (10) Assurances that the offeror will (i) cooperate in any studies or surveys as may be required, (ii) submit periodic reports in order to allow the Government to determine the extent of compliance by the offeror with the subcontracting plan, (iii) submit Standard Form (SF) 294, Subcontracting Report for Individual Contracts, and/or SF 295, Summary Subcontract Report, in accordance with the instructions on the forms, and (iv) ensure that its subcontractors agree to submit Standard Forms 294 and 295. (11) A recitation of the types of records the offeror will maintain to demonstrate procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of its efforts to locate small and small disadvantaged business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated): (i) Source lists, guides, and other data that identify small and small disadvantaged business concerns. {ii) Organizations contacted in an attempt to locate sources that - are small or small disadvantaged business concerns. (iii) Records on each subcontract solicitation resulting in an award of more than $100,000, indicating (A) whether small business concerns were solicited and if not, why not, (B) whether small disadvantaged business concerns were solicited and if not, why not, and (C) if applicable, the reason award was not made to a small business concern. (iv) Records of any outreach efforts to contact (A) trade associations, (B) business development organizations, and (C) conferences and trade fairs to locate small and small disadvantaged business sources. (v) Records of internal guidance and encouragement provided to buyers through (A) workshops, seminars, training, etc., and (B) monitoring performance to evaluate compliance with the programs‘s requirements. (vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having company or division-wide annual plans need not comply with this requirement. (e) In order to effectively implement this plan to the extent MDA908-93-C-0004 Page I-3 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 |
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 consistent with efficient contract performance, the Contractor shall perform the following functions: (1) Assist small business and small disadvantaged business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor’s lists of potential small business and small disadvantaged subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time. (2) Provide adequate and timely consideration of the potentialities of small business and small disadvantaged business concerns in all “make-or-buy" decisions. (3) Counsel and discuss subcontracting opportunities with representatives of small and small disadvantaged business firms. (4) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small business or small disadvantaged business for the purpose of obtaining’a subcontract that is to be included as part or all of a goal contained in the Contractor’s subcontracting plan. ({f) A master subcontracting plan on a plant or division-wide basis which contains all the elements required by (dad) above, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clause; provided, (1) the master plan has been approved, (2) the offeror provides copies of the approved master plan and evidence of its approval to the Contracting Officer, and (3) goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan. (g)(1) If a commercial product is offered, the subcontracting plan required by this clause may relate to the offeror’s production generally, for both commercial and noncommercial products, rather than solely to the Government contract. In these cases, the offeror shall, with the concurrence of the Contracting Officer, submit one company-wide or division-wide annual plan. ’ (2) The annual plan shall be reviewed for approval by the agency awarding the offeror its first prime contract requiring a subcontracting plan during the fiscal year, or by an agency satisfactory to the Contracting Officer. (3) The approved plan shall remain in effect during the offeror’s fiscal year for all of the offeror’s commercial products. {(h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract. (i) The failure of the Contractor or subcontractor to comply in good faith with (1) the clause of this contract entitled "Utilization of Small Business Concerns and Small Disadvantaged Business Concerns," or (2) an approved plan required by this clause, shall be a material breach of the contract. (End of clause) MDA908-93-C-0004 Page I-4 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 I.5 252.219-7003 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) (DEC 1991) This clause supplements the Federal Acquisition Regulation 52.219-9, Small Business and Small.Disadvantaged Business Subcontracting Plan, clause of this contract. (a) Definitions. “Historically black colleges and universities," as used in this clause, means institutions determined by the Secretary of Education to meet the requirements of 34 CFR section 608.2. "Minority institutions," as used in this clause, means institutions meeting the requirements of paragraphs (3), (4), and (5) of section 312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058). The term also means any nonprofit research institution that was an integral part of a historically black college or university before November 14, 1986. (b) Except for company or division-wide commercial products subcontracting plans, the term "small disadvantaged business," when used in the FAR 52.219-9 clause, includes historically black colleges and universities and minority institutions, in addition to small disadvantaged business concerns. (c) Work under the contract or its subcontracts shall be credited toward meeting the small disadvantaged business concern goal required by paragraph (d) of the FAR 52.219-9 clause when: (1) It is performed on Indian lands or in joint venture with an Indian tribe or a tribally-owned corporation, and (2) It meets the requirements of section 832 of the FY90 DoD Authorization Act, Pub. L. 101-189. (ad) The master plan approval referred to in paragraph (f) of the FAR 52.219-9 clause is approval by the Contractor’s cognizant contract administration activity. (End of clause) I.6 52.222-2 ’ PAYMENT FOR OVERTIME PREMIUMS (JUL 1990) (a) The use of overtime is authorized under this contract if the overtime premium does not exceed or the overtime premium is paid for work-- (1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature; (2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting; (3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasoriably be interrupted or completed otherwise; or (4) That will result in lower overall costs to the Government. (b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall-- {1) Identify the work unit; e.g., department or section in which the MDA908-93-C-0004 : Page I-5 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime; (2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule; (3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and (4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel. (End of clause) I.7 52.245-5 GOVERNMENT PROPERTY (COST~REIMBURSEMENT, TIME-AND-MATERIAL, OR LABOR-HOUR CONTRACTS) (JAN 1986) (a) Government-furnished property. (1) The term "Contractor’s managerial personnel," as used in paragraph (g) of this clause, means any of the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of-- {i) All or substantially all of the Contractor’s business; (ii) All or substantially all of the Contractor’s operation at any one plant, or separate location at which the contract is being performed; or (iii) A separate and complete major industrial operation connected with performing this contract. (2) The Government shall deliver to the Contractor, for use in connection with and under the terms of this contract, the Government-furnished property described in the Schedule or specifications, together with such related data and information as the Contractor may request and as may be reasonably required for the intended use of the property (hereinafter referred to as "Government-furnished , property"). (3) The delivery or performance dates for this contract are based upon the expectation that Government-furnished property suitable for use will be delivered to the Contractor at the times stated in the Schedule or, if not so stated, in sufficient time to enable the Contractor to meet the contract’s delivery or performance dates. (4) If Government-furnished property is received by the Contractor in a condition not suitable for the intended use, the Contractor shall, upon receipt, notify the Contracting Officer, detailing the facts, and, as directed by the Contracting Officer and at Government expense, either effect repairs or modification or return or otherwise dispose of the property. After completing the directed action and upon written request of the Contractor, the Contracting Officer shall make an equitable adjustment as provided in paragraph (h) of this clause. (5) If Government-furnished property is not delivered to the Contractor by the required time or times, the Contracting Officer shall, upon the Contractor’s timely written request, make a determination of the delay, if any, caused the Contractor and shall make an equitable adjustment in accordance with paragraph (h) of this clause. (b) Changes in Government-furnished property. (1) The Contracting MDA908-93-C-0004 . Page I-6 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 Officer may,, by written notice, (i) decrease the Government-furnished property provided or to be provided under this contract or (ii) substitute other Government-furnished property for the property to be provided by the Government or to be acquired by the Contractor for the Government under this contract. The Contractor shall promptly take such action as the Contracting Officer may direct regarding the removal, shipment, or disposal of the property covered by this notice. (2) Upon the Contractor’s written request, the Contracting Officer shall make an equitable adjustment to the contract in accordance with paragraph (h) of this clause, if the Government has agreed in the Schedule to make such property available for performing this contract and there is any-- (i) Decrease or substitution in this property pursuant to subparagraph (b)(1) above; or (ii) Withdrawal of authority to use property, if provided under any other contract or lease. , (c) Title. (1) The Government shall retain title td all Government- furnished property. (2) Title to all property purchased by the Contractor for which the Contractor is entitled to be reimbursed as a direct item of cost under this contract shall pass to and vest in the Government upon the vendor’s delivery of such property. (3) Title to all other property, the cost of which is reimbursable to the Contractor, shall pass to and vest in the Government upon-- (i) Issuance of the property for use in contract performance; (ii) Commencement of processing of the property or use in contract performance; or (iii) Reinibursement of the cost of the property by the Government, whichever occurs first. (4) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph (collectively referred to as "Government property"), are subject to the provisions of this clause. Title to Government property shall not be affected by its incorporation into or attachment to any / property not owned by the Government, nor shall Government property become a fixture or lose its identity as personal property by being attached to any real property. (d) Use of Government property. The Government property shall be used only for performing this contract, unless otherwise provided in this contract or approved by the Contracting Officer. (@€) Property administration. (1) The Contractor shall be responsible and accountable for all Government property provided under the contract and shall comply with Federal Acquisition Regulation (FAR) Subpart 45.5, as in effect on the date of this contract. (2) The Contractor shall establish and maintain a program for the use, maintenance, repair, protection, and preservation of Government property in accordance with sound business practice and the applicable provisions of FAR Subpart 45.5. (3) If damage occurs to Government property, the risk of which has been assumed by the Government under this contract, the Government shall replace the items or the Contractor shall make such repairs as the Government directs. However, if the Contractor cannot effect such repairs within the time required, the Contractor shalI? dispose of the property as directed by the Contracting Officer. When any property for MDA908-93-C-0004 Page I-7 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 which the Government is responsible is replaced or repaired, the Contracting Officer shall make an equitable adjustment in accordance with paragraph (h) of this clause. (f) Access. The Government and all its designees shall have acceas at all reasonable times to the premises in which any Government property is located for the purpose of inspecting the Government property. (g) Limited risk of loss. (1) The Contractor shall not be liable for loss or destruction of, or damage to, the Government property provided under this contract or for expenses incidental to such loss, destruction, or damage, except as provided in subparagraphs (2) and (3) below. (2) The Contractor shall be responsible for loss or destruction of, or damage to, the Government property provided under this contract (including expenses incidental to such loss, destruction, or damage) -- {i) That results from a risk expressly required to be insured under this contract, but only to the extent of the insurance required to be purchased and maintained or to the extent of insurance actually purchased and maintained, whichever is greater; (ii) That results from a risk that is in fact covered by insurance or for which the Contractor is otherwise reimbursed, but only to the extent of such insurance or reimbursement; (iii) For which the Contractor is otherwise responsible under the express terms of this contract; {iv) That results from willful misconduct or lack of good faith on the part of the Contractor’s managerial personnel; or (v) That results from a failure on the part of the Contractor, due to willful misconduct or lack of good faith on the part of the Contractor’s managerial personnel, to establish and administer a program or system for the control, use, protection, preservation, maintenance, and repair of Government property as required by paragraph (e) of this clause. (3)(i) If the Contractor fails to act as provided by subdivision (9)(2)(v) above, after being notified (by certified mail addressed to one of the Contractor‘’s managerial personnel) of the Government’s disapproval, withdrawal of approval, or nonacceptance of the system or’ program, it shall be conclusively presumed that such failure was due to willful misconduct .or lack of good faith on the part of the Contractor's managerial personnel. (ii) In such event, any loss or destruction of, or damage to, the Government property shall be presumed to have resulted from such failure unless the Contractor can establish by clear and convincing evidence that such loss, destruction, or damage-- (A) Did not result from the Contractor’s failure to maintain an approved program or system; or (B) Occurred while an approved program or system was maintained by the Contractor. (4) If the Contractor transfers Government property to the possession and control of a subcontractor, the transfer shall not affect the liability of the Contractor for loss or destruction of, or damage to, the property as set forth above. However, the Contractor shall require the subcontractor to assume the risk of, and be responsible for, any loss or destruction of, or damage to, the property while in the subcontractor’s possession or control, except to the extent that the subcontract, with the advance approval of the Contracting Officer, relieves the subcontractor from such liability. In the absence of such approval, the MDA908-93-C-0004 Page I-8 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 subcontract shall contain appropriate provisions requiring the return of all Government property in as good condition as when received, except for reasonable wear and tear or for its use in accordance with the provisions of the prime contract. (5) Upon loss or destruction of, or damage to, Government property provided under this contract, the Contractor shall so notify the Contracting Officer and shall communicate with the loss and salvage organization, if any, designated by the Contracting Officer. With the assistance of any such organization, the Contractor shall take all reasonable action to protect the Government property from further damage, separate the damaged and undamaged Government property, put all the affected Government property in the best possible order, and furnish to the Contracting Officer a statement of-- (i) The lost, destroyed, or damaged Government property; (ii) The time and origin of the loss, destruction, or damage; (iii) All known interests in commingled property of which the Government property is a part; and . (iv) The insurance, if any, covering any part of or interest in such commingled property. (6) The Contractor shall repair, renovate, and take such other action with respect to damaged Government property as the Contracting Officer directs. If the Government property is destroyed or damaged beyond practical repair, or is damaged and so commingled or combined with property of others (including the Contractor’s) that separation is impractical, the Contractor may, with the approval of and subject to any conditions imposed by the Contracting Officer, sell such property for the account of the Government. Such sales may be made in order to minimize the loss to the Government, to permit the resumption of business, or to accomplish a similar purpose. The Contractor shall be entitled to an equitable adjustment in the contract price for the expenditures made in performing the obligations under this subparagraph (g)(6) in accordance with paragraph (h) of this clause. However, the Government may directly reimburse the loss and salvage organization for any of their charges. The Contracting Officer shall give due regard to the Contractor’s liability under this paragraph (g) when making any such equitable adjustment. (7) The Contractor shall not be reimbursed for, and shall not include as an item of overhead, the cost of insurance or of any reserve covering risk of loss or destruction of, or damage to, Government property, except to the extent that the Government may have expressly required the Contractor to carry such insurance under another provision of this contract. (8) In the event the Contractor is reimbursed or otherwise compensated for any loss or destruction of, or damage to, Government property, the Contractor shall use the proceeds to repair, renovate, or replace the lost, destroyed, or damaged Government property or shall otherwise credit the proceeds to, or equitably reimburse, the Government, as directed by the Contracting Officer. (9) The Contractor shall do nothing to prejudice the Government's rights to recover against third parties for any loss or destruction of, or damage to, Government property. Upon the request of the Contracting Officer, the Contractor shall, at the Government’s expense, furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in q MDA908-93-C-0004 Page I-9 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 favor of the Government) in obtaining recovery. In addition, where a subcontractor has not been relieved from liability for any loss or destruction of, or damage to, Government property, the Contractor shall enforce for the benefit of the Government the liability of the subcontractor for such loss, destruction, or damage. (h) Equitable adjustment. When this clause specifies an equitable adjustment, it shall be made to any affected contract provision in accordance with the procedures of the Changes clause. When appropriate, the Contracting Officer may initiate an equitable adjustment in favor of the Government. The right to an equitable adjustment shall be the Contractor‘’s exclusive remedy. The Government shall not be liable to suit for breach of contract for-- (1) Any delay in delivery of Government-furnished property; (2) Delivery of Government-furnished property in a condition not suitable for its intended use; (3) A decrease in or substitution of Government-furnished property; or (4) Failure to repair or replace Government prope®ty for which the Government is responsible. (i) Final accounting and disposition of Government property. Upon completing this contract, or at such earlier dates as may be fixed by the Contracting Officer, the Contractor shall submit, in a form acceptable to the Contracting Officer, inventory schedules covering all items of Government property not consumed in performing this contract or delivered to the Government. The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of the Government property as may be directed or authorized by the Contracting Officer. The net proceeds of any such disposal shall be credited to the cost of the work covered by this contract or paid to the Government as directed by the Contracting Officer. The foregoing provisions shall apply to scrap from Government property; provided, however, that the Contracting Officer may authorize or direct the Contractor to omit from such inventory schedules any scrap consisting of faulty castings or forgings or of cutting and processing waste, such as chips, cuttings, borings, turnings, short ends, circles, trimmings, clippings, and remnants, and to dispose of such scrap in accordance with’ the Contractor’s normal practice and account for it as a part of general overhead or other reimbursable costs in accordance with the Contractor's established accounting procedures. (3) Abandonment and restoration of Contractor premises. Unless otherwise provided herein, the Government-- (1) May abandon any Government property in place, at which time all obligations of the Government regarding such abandoned property shall cease; and (2) Has no obligation to restore or rehabilitate the Contractor's premises under any circumstances (e.g., abandonment, disposition upon completion of need, or contract completion). However, if the Government~furnished property (listed in the Schedule or specifications) is withdrawn or is unsuitable for the intended use, or if other Government property is substituted, then the equitable adjustment under paragraph (h) of this clause may properly include restoration or rehabilitation costs. (Kk) Communications. All communications under this clause shall be in writing. (1) Overseas contracts. If this contract is to be performed outside the United States of America, its territories, or possessions, the words MDA908-93-C-0004 Page I-10 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 "Government" and “Government-furnished" (wherever they appear in this clause) shall be construed as "United States Government" and "United States Government-furnished," respectively. (End of clause) I.8 52.252-2 | CLAUSES INCORPORATED BY REFERENCE (JUN 1988) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. I.9 252.201~7000 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991) (Reference 201.602-70) I.10 52.202-1 DEFINITIONS (SEPT 1991) (Reference 2.2) I.11 52.203-1 OFFICIALS NOT TO BENEFIT (APR 1984) (Reference 3.102-2) I.12 52.203-3 GRATUITIES (APR 1984) (Reference 3.202) I.13 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) (Reference 3.404) I.14 52.203-7 ANTI~KICKBACK PROCEDURES (OCT 1988) (Reference 3.502=3) I.15 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1990) (Reference 3.104-10) MDA908-93-C-0004 Page I-11 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 I.16 52.203-12 . LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JAN 1990) (Reference 3.808) I.17 252.203-7000 STATUTORY PROHIBITION ON COMPENSATION TO FORMER DEPARTMENT OF DEFENSE EMPLOYEES (DEC 1991) (Reference 203.170-4) I.18 252.203-7001 SPECIAL PROHIBITION ON EMPLOYMENT (DEC 1991) (Reference 203.570-5) I.19 252.203-7003 PROHIBITION AGAINST RETALIATORY PERSONNEL ACTIONS (APR 1992) (Reference 203.7108) I.20 52.204-2 SECURITY REQUIREMENTS (APR 1984) (Reference 4.404) I.21 252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991) (Reference 204.404-70) I.22 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) , (Reference 205.470-2) I.23 52.209-6. PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 1991) (Reference 9.409) I.24 252.209-7000 ACQUISITION FROM SUBCONTRACTORS SUBJECT TO ON-SITE INSPECTION UNDER THE INTERMEDIATE-RANGE NUCLEAR FORCES (INF) TREATY (DEC 1991) (Reference 209.103-70) MDA908-93-C-0004 © Page I-12 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 I.25 $2.215-1 , EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (APR 1984) {Reference 15.106-1) I.26 52.215-2 AUDIT--NEGOTIATION (DEC 1989) {Reference 15.106-2) 1.27 52.21 BYEEEEpES®. OFFERS (DEC 1989) G15 .407) I.28 52.215~22 ; . PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (JAN 1991) (Reference 15.804-8) I.29 52.215-27 TERMINATION OF DEFINED BENEFIT PENSION PLANS (SEP 1989) (Reference 15.804-8) I.30 52.215-30 FACILITIES CAPITAL COST OF MONEY (SEP 1987) (Reference 15.904) I.31 52.215-33 ORDER OF PRECEDENCE (JAN 1986) (Reference 15.406-3) I.32 252.215~7000 PRICING ADJUSTMENTS (DEC 1991) (Reference 215.804-8) I.33 252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS (DEC 1991) (Reference 215.811-70) I.34 52.216-7 ALLOWABLE COST AND PAYMENT (JUL 1991) (Reference 16.307) MDA908-393-C-0004 , Page I-13 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 I.35 52.216-8 FIXED FEE (APR 1984) {Reference 16.307) I.36 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS (FEB 1990) (Reference 19.708) 1.37 52.219-13 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES (AUG 1986) (Reference 19.902) I.38 52.220-3 . UTILIZATION OF LABOR SURPLUS AREA CONCERNS (APR 1984) (Reference 20.302) I.39 52.222-3 CONVICT LABOR (APR 1984) (Reference 22.202) 1.40 52.222=26 ' EQUAL OPPORTUNITY (APR 1984) (Reference 22.810) I.41 $2.222-28 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTS (APR 1984) (Reference 22.810) ’ 1.42 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) (Reference 22.1308) 1.43 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) (Reference 22.1408) MDA908-93-C-0004 Page I-14 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 I.44 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1988) (Reference 22.1308) I.45 52.223-2 CLEAN AIR AND WATER (APR 1984) (Reference 23.105) I.46 52.223-6 DRUG-FREE WORKPLACE (JUL 1990) (Reference 23.505) IT.47 52.225-13 . RESERVED (Reference) 1.48 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 1991) (Reference 225.7002-4) I.49 52.227-1 I AUTHORIZATION AND CONSENT (APR 1984)--ALTERNATE I (APR 1984) (Reference 27.201-2) I.50 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (APR 1984) , (Reference 27.202-2) I.51 §2.227-10 FILING OF PATENT APPLICATIONS--CLASSIFIED SUBJECT MATTER (APR 1984) (Reference 27.207-2) I.52 52.227-12 PATENT RIGHTS--RETENTION BY THE CONTRACTOR (LONG FORM) (JUN 1989) (Reference 27.303) MDA908-93-C-0004 Page I-15 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 1.53 252.227-7013 RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE (OCT 1988) (Reference 227.403-70) 1.54 252.227-7018 RESTRICTIVE MARKINGS ON TECHNICAL DATA (OCT 1988) (Reference '227.403~-72) 1.55 252.227-7020 RIGHTS IN DATA--SPECIAL WORKS (MAR 1979) (Reference 227.405-76) 1.56 252.227-7029 IDENTIFICATION OF TECHNICAL DATA (APR 1988) (Reference 227.403-72) I.57 252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT (OCT 1988) (Reference 227.403-74) 1.58 252.227-7036 CERTIFICATION OF TECHNICAL DATA CONFORMITY (May 1987) (Reference 227.403-74) ‘ 1.59 252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (APR 1988) (Reference 227.403-73) 1.60 52.228-6 INSURANCE--IMMUNITY FROM TORT LIABILITY (APR 1984) (Reference 28.311-1) I.61 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS (APR 1984) (Reference 28.311-2) 1.62 52.230-3 DISCLOSURES AND CONSISTENCY OF COST ACCOUNTING PRACTICES (AUG 1992) (Reference 30.201-4) MDA908-93-C-0004 Page I-16 Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 PART _NO 365-1140-02 600-2579-02 595-2178-01 595-1929-04 599-1746-01 851-1017-02 851-1018-02 851-1019-02 851-1035-01 851-1070-01 295-2177-04 800-5807-10 ccc-1.0-4- 34R-5 605-1290-02 365-1140-02 600-2791-03 794-1122-01 595-2263-01 595-2152-01 595-2307-01 855-1502-02 365-1140-02 600-2791-03 794-1122-01 595-2263-01 MODEL NO 4/75GX-16-P40 X116W X5S59W X565W SX-09 SX~-09 SX-09 SX-09 SX-09 X300W SYST2 None X218A 4/50MX~16-P40 16MB 19" Grayscale Desktop X104U X552Y X300U North American Country Kit 207MB Lunchbox/Internal SCSI NOV 24 1999 MDA908-93-C-0004 ATTACHMENT 2 PAGE 2 OF 3 DESCRITION SERIAL NO 16MB 19" Color-GX Desktop 9109CY3208 Operating System (0/S) 115F1094 16MB Expansion Memory, 80NS None 644MB SCST Disk, CD Pack/ 112G2980 CD/ROM 669MB Disk, 150MB 1/4" Tape 111G2165 SUN OS Full UNIX Documentation None SUN OS Full UNIX Documentation None SUN OS Full UNIX Documentation None SUN OS Full UNIX Documentation None SUN OS Full UNIX Documentation None 9113005574 2-User SOS RTU License None C-Compiler and Media None Documentation Video Frame Capture Board 001835 125DU2599 135MI931 4MB Expansion Memory None 13961556 Disk 1.44MB 3.5" Internal Floppy North American Country Kit None 4/S50MX-16-P40 16MB 19" Grayscale Desktop 138DU8388 , 136M0511 4MB Expansion Memory None X104U Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2 PART NO 595-2152-01 595-2307-01 855-1502-02 9269 1003 1030 1201 1032 16-0168-01 92-0015-01 None None None LD-V8000 PMO-650 MODEL NO X552Y X300U SQL Station None None PVS98A CC2A SWDKA SMP-1.1-4-4-21 BoV 2 4 1909" MDA908~93-C-0004 ATTACHMENT 2 PAGE 3 OF 3 DESCRITION SERTAL NO 207MB Lunchbox/Internal SCSI 139G1557 Disk 1.44MB 3.5" Internal Floppy North American Country Kit None SQL Station as follows: None SOL Server 4.2 Data Workbench 4.1 APT Workbench 4.0.2 Open Client/C 4.2.5 QT-1000/EOS-SS Drive 00824 Media, Optical, Maxtor, 00824 Eraceable IGB NEC PC VCR COX00517 NEC 1.5M Cable to Mac None NEC Mac Tool Kit “None Industrial LaserDisc Player None SUN Sparc Fast Magneto Optical None Software - SUN Simplify SQL None Approved For Release 2000/08/08 : CIA-RDP96-00789R003000460007-2