. z Approved For Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 CONTRACT NO. MDA903-81-C-0292 PAGE 10 SRI INTERNATIONAL Edition 4-3 SECTION I ~ GENERAL PROVISIONS GENERAL PROVISIONS FOR COST REIMBURSEMENT, RESEARCH AND DEVELOPMENT CONTRACTS WITH NONPROFIT ORGANIZATIONS I-1. The following Defense Acquisition Regulation clauses and provisions set forth in Subpart (a) and those checked in Subpart (b) hereof, the full text of which will be made available upon request, are incorporated by reference with the same force and effect as if set forth in full text. Subpart (a) Title Date DAR Reference 1. Definitions 1979 MAR 7~103.1 2. Allowable Cost, Fixed-Fee and Payment 1978 SEP 7-203.4(a) . as modified by DAR 7-402.3(c)(6) Decreases $100,000 3. Standards of Work 1959 FEB 7-402.4 4. Inspection 1959 FEB 7-402.5(b) 5. Assignment of Claims 1962 FEB 7-103.8 (The last sentence of paragraph (a) is omitted) 6. Examination of Records by Comptroller General «1975 JUN 7-104.15 7. Subcontracts ‘1979 MAR 7-402. 8(a) 8. Equal Opportunity Pre-Award Clearance , of Subcontracts 1971 OCT 7-104.22 9, Utilization of Small Business and Small ; Disadvantaged Business Concerns 1980 AUG 7-104.14(a) 10. Termination for the Convenience of the Government -~ Alternate 1974 APR 7-302.10(¢) 11. Limitation on Withholding of Payments 1959 FEB 7-403.12(a) 12. Buy American Act and the Balance of Payments Progran 1980 OCT 7-104.3 13. Convict Labor ; 1975 OCT 7-104.17 14. Walsh-Healey Public Contracts Act 1958 JAN 7-103.17 15. Contract Work Hours and Safety Standards Act ~ Overtime Compensation 1971 NOV 7-103.16 16. Equal Opportunity 1978 SEP 7-103.18(a) 17. Officials Not To Benefit 1949 JUL 7-103.19 18. Covenant Against Contingent Fees 1958 JAN 7-103. 20 19. Authorization and Consent 1961 JAN 7-302.21 20. Notice and Assistance Regarding Patent and Copyright Infringement 1965 JAN 7-103, 23 I 4-3; 1 Revised 26 Mar 1981 Approved For Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 a
Approved For Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 SRL INTERNATIONAL Edition 4-3 SECTION I ~- CONTINUED 21. Certain Communist Areas 1980 FEB 7-103.15 22. Utilization of Labor Surplus Area Concerns 1978 JUN 7-104.20(a) 23. Audit by Department of Defense 1978 AUG 7-104.41(a) 24. Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era 1976 JUL 7-103.27 25. Affirmative Action for Handicapped Workers 1976 MAY 7-103. 28 26. Clean Air and Water 1975 OCT 7-103.29 27. Reporting of Royalties (Foreign) 1966 OCT 7-104. 8(a) 28. Excusable Delays 1969 AUG 7-203.11 29. Gratuities 1952 MAR 7~104.16 30. General Services Administration Supply Sources 1977 AUG 7-204. 28 31. Priorities, Allocations, and Allotments 1975 OCT 7-104.18 32. Notice of Intent to Disallow or Not Recognize Costs 1978 AUG 7-203.35 33. Competition in Subcontracting 1962 APR 7-104.40 Subpart (b) ? Title Date DAR Reference If the contract is fully funded, check the following clause. (Q Limitation of Cost 1966 OcT 7-402.2(a) If the contract is incrementally funded, check the following clause. ( ) Limitation of Funds 1966 OCT 7-402.2(¢) If the contract is $500,000 or more, check the following clauses. ( ) Labor Surplus Area Subcontracting Program 1978 JUN 7-104, 20(b) () Subcontracting Plan for Small Business and Small Disadvantaged Business Concerns (Negot lated) 1980 AUG 7~104.14(b) No Cost Accounting Standards clauses are required in this contract if the contract is executed outside the United States, ite territories and possessions, or if the offeror has certified that it is a small business concern, or if the price is set by law or regulations. See DAR 3-1204.1(a). If the above does not apply and if the contract is negotiated and exceeds $100,000, check the first and third clauses below, unless the contractor certifies that he is eligible for and elects to use modified contract cover- age, in which case the second and third clauses below should be checked. I 4-3: 2 Revised 26 Mar 1981 Approved For Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 a
. . Approved For Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 CONTRACT NO. MDA903-81-C-0292 PAGE 12 SRI INTERNATIONAL ; Edition 4-3 SECTION I ~ CONTINUED (*% Cost Accounting Standards 1978 MAY 7-104. 83(a)(1) ( ) Disclosure and Consistency of Cost Accounting Practices 1978 MAY 7-104. 83(a)(2) (X) Administration of Cost Accounting Standards 1978 MAY 7-104.83(b) If the contract may involve ocean or international transportation, check the appro~ priate clauses. ( ) Ocean Transport of Government—Owned Supplies 1963 NOV 7-104.19(a) ( ) Employment of Ocean-Going Vessels 1979 MAR 7-104.19(b) () Preference for United States-Flag Vessels 1979 MAR 7-104.19(e¢) ( ) Preference for United States Flag Air Carriers 1975 NOV 7-104.95 If this is a classified contract, check the following clauses, and attach DD Form 254 or DD Form 254c, if necessary, to Section Je (WH Military Security Requirements 1971 APR =104.12 This clause is modified by deleting paragraphs (c) and (d) and substitu- ting those found at DAR 7-204.12 () Filing of Patent Applications 1969 DEC 7~104.6 If the contract is awarded on the basis of adequate price conpetition and the contract is $100,000 or more, check the following clauses. “ ( ) Price Reduction for Defective Cost or Pricing Data ~ Price Adjustments’. 1970 JAN 7-104.29(b) ( ) Subcontractor Cost or Pricing Data — Price Ad justments 1970 JAN 7-104. 42(b) If the contract is awarded without adequate price competition and the contract is $100,000 or more, check the following clauses. () Price Reduction for Defective Cost or Pricing Data 1970 JAN 7-104.29(a) (W) Subcontractor Cost or Pricing Data 1970 JAN 7-104.42(a) Check any of the following clauses, 86 appropriate, and add additional clauses as required. () Service Contract Act of 1965, As Amended 1979 SEP 7-1903.41(a) ( ) Privacy Act 1975 NOV 7-104. 96 (W Government Property (Cost-Reimbursement, Nonprofit) 1972 SEP 7-402.25 I 4-3: 3 Revised 26 Mar 1981 Approved For Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 %
v. Approved For Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 CONTRACT NO. MDA903-81-C-0292 PAGE 13 SRI INTERNATIONAL . Edition 4-3 SECTION I -— CONTINUED ( ) Patent Rights - Acquisition by the Government (Long Form) 1977 AUG 7-302.23(a) (X) Patent Rights - Retention by the Contractor (Long Form) 1977 AUG 7-302. 23(b) ( ) Patent Rights - Deferred (Long Form) 1977 AUG 7-302.23(c) ( ) Patent Rights - Acquisition by the Government (Short Form) 1975 AUG 7-302.23(h) ( ) Patent Rights - Deferred (Short Form) 1975 AUG 7-302. 23(1) (Xx) Rights in Technical Data and Computer Software 1979 MAR 7-104.9(a) ( ) Rights in Technical Data ~ Specific Acquisition 1979 MAR 7-104.9(c) ( ) Rights in Data ~ Special Works 1979 MAR 7-104.9(e) ( ) Rights in Data - Existing Works 1979 MAR 7-104.9(£) ( ) Rights in Technical Data and Computer Software (Foreign) 1975 JUN - 7-104.9(g) (4 Technical Data - Withholding of Payment 1976 JUL 7-104.9(h) (XY) Changes 1967 APR 7-404.1 ( ) Change Order Accounting (Undated) 7-104.90 () () () () () () I-2, DISPUTES (1980 JUN) ACQUISITION LETTER (AL) 80-16 DAR 7-l03.1% 19d Yun (a) This contract is subject to the Contract Disputes Act of 1978 (P.L. 95-563). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved in accordance with this clause. (c) (i) As used herein, “claim” means a written demand or assertion by one of the parties seeking, as a matter of right, the payment of money, adjustment or interpre- tation of contract terms, or other relief, arising under or relating to this contract. However, a written demand by the contractor seeking the payment of money in excess of $50,000 is not a claim until certified in accordance with (d) below. (41) A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim for the purposes of the Act. However, where such submission is subsequently disputed either as to liability or amount or not acted upon in a reasonable time, it may be converted to a claim pursuant to the Act by complying with the submission and certification requirements of this clause. I 4-3: 4 Revised 26 Mar 1981 Approved For Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 *~
CONTRACT NO. APRagved Fonkglease 2003/09/10 : CIA-RDP96-00792R000100140057-0 PAGE 14 SRI INTERNATIONAL Edition 4-3 SECTION I - CONTINUED (414) A claim by the contractor shall be made in writing and submitted to the contracting officer for decision. A claim by the Government against the contractor shall be subject to a decision by the Contracting Officere (d) For contractor claims of more than $50,000, the contractor shall submit with the claim a certification that the claim is made in good faith, the supporting data are accurate and complete to the best of the contractor's knowledge and belief; and the amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable. The certification shall be executed by the contractor if an individual. When the contractor is not an individual, the certification shall be executed by a senior company official in charge at the con~ tractor's plant or location involved, or by an officer or general partner of the contractor having overall responsibility for the conduct of the contractor's affairs. (e) For contractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the contractor, render a decision within 60 days of the request. For contractor certified claims in excess of $50,000 the Contracting Officer must decide the claim within 60 days or notify the contractor of the date when the decision will be made. (£) The Contracting Officer's decision shall be final unless the contractor appeals or files a suit as provided in the Act. (g) Interest on the amount found due on @ contractor claim shall be paid fron the date the contracting officer receives the claim, or from the date payment otherwise would be due, if such date is later, until the date of «payment. (h) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal or action arising under the contract, and comply with any decision of the Contracting Officer. 1-3. INSURANCE-LIABILITY TO THIRD PERSONS (1966 DEC) DAR 7-203.22 (a) The Contractor shall procure and thereafter maintain workmen's compensation, employer's liability, comprehensive general liability (bodily injury) and comprehensive automobile liability (bodily injury and property damage) insurance, with respect to performance under this contract, and such other insurance as the Contracting Officer may from time to time require with respect to performance under this contract; rovided, that the Contractor may with the. approval of the Contracting Officer maintain a self- insurance program, and provided further, that with respect to workmen's compensation the Contractor is qualified pursuant to statutory authority. All insurance required pursuant to the provisions of this paragraph shall be in such form, in such amounts, and for such periods of time, as the Contracting Officer may from time to time require or approve, and with insurers approved by the Contracting Officer. I 4-3; 5 Revised 26 Mar 1981 Approved For Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 *
. 4 ‘Approved For Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 CONTRACT NO. MDA903-81-C-0292 PAGE 15 SRI INTERNATIONAL ; . Edition 4-3 SECTION I - CONTINUED (b) The Contractor agrees, to extent and in the manner required by the Contract~ ing Officer, to submit for the 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 hereundere , (c) The Contractor shall be reimbursed: (i) for the portion allocable to this contract of the reasonable cost of insurance as required or approved pursuant to the provisions of this clause, and (ii) without regard to and as an exception to the “Limitation of Cost” or the “Limitation of Funds” clause of this contract, 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 Contractor), 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, his agents, servants or employees, provided such liabilities are represented by final judgments or settlements approved in writing by the Government, and expenses incidental to such liabilities, except liabilities (1) for which the Contractor is otherwise re~ sponsible under the express terms of the clause or clauses, if any, specified in Schedule, or (II) with respect to which the Contractor has failed to insure as required or maintain insurance as approved by the Contracting Officer or (I1I) which results from willful misconduct or lack of good faith on the part of any of the Contractor's directors or officers, or on the part of any of his managers, superin— tendents, or other equivalent representatives, who has supervision or direction of (1) all or substantially all of the Contractor's business, or (2) all or substantially all of the Contractor's operations at any one plant or separate location in which this contract is being performed, or (3) a separate and complete major industrial operation dn connection with the performance of this contract. The foregoing shall not restrict the right of the Contractor to be reimbursed for the cost of insurance maintained by the Contractor in connection with the performance of this contract, other than insurance required to be submitted for approval or required to be procured and maintained pur- suant to the provisions of this clause, provided such cost would constitute Allowable Cost under the clause of this contract entitled “Allowable Cost, Fixed Fee and Payment”. (ad) 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 Contractor under the provisions of this contract and the risk of which is then uninsured or in which the amount claimed exceeds the amount of coverages 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 collaborate 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 I 4-3: 6 Revised 26 Mar 1981 Approved For Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 a”
, ' A . ; ; CONTRACT NO. waprpved For Rejease 2003/09/10 : CIA-RDP96-00792R000100140057-0 pack 16 SRI INTERNATIONAL SECTION I - CONTINUED Edition 4-3 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 his own expense, be associated with the representatives of the Government in the settlement or defense of any such claim or litigation. 1-4, PAYMENT FOR OVERTIME PREMIUMS (1967 JUN) DAR 7-203.27 (a) Allowable cost shall not include any amount on account of overtime premiums except when (i) specified in (d) below or (11) paid work~ (A) necessary to cope with emergencies such as those resulting from acci- dents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature; (B) by indirect labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting; (C) in the performance of tests, industrial processes, laboratory procedures, loading or unloading of transportation media, and operations in flight or afloat, which are continuous in nature and cannot reasonably be interrupted or otherwise completed; or (D) which will result in lower overall cost to the Government. (b) The cost of overtime premiums otherwise allowable under (a) above shall be allowed only to the extent the amount thereof is reasonable and properly allocable to the work under this contract. (c) Any request for overtime, in addition to any amount specified in (d) below, will be for all overtime which can be estimated with reasonable certainty shall be used for the remainder of the contract, and shall contain the following: (1) identification of the work unit, such as the department or section in which the requested overtime will be used, together with present workload, manning and other data of the affected unit, sufficient to permit an evaluation by the Contracting Officer of the necessity for the overtime; (41) the effect that denial of the request will have on the delivery or performance schedule of the contract; I 4-3: 7 Revised 26 Mar 1981 Approved For Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 a
‘ CONTRACT NO. MDROPTON ES E-95 Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 PAGE 17 SRI INTERNATIONAL - SECTION I - CONTINUED Edition 4-3 (14i1) reasons why the required work cannot be performed on the basis of utilizing multishift operations or by the employment of additional personnel; and (1v) the extent to which approval of overtime would affect the performance or payments in connection with any other Government contracts, together with any identification of such affected contracts. (d) The Contractor is authorized to perform overtime, in addition to that - performed under (a)(ii), to the extent that the overtime premium does not exceed eZ CRO (End of clause) *Insert the amount, in dollars, agreed to during negotiations as representing the overtime premiums applicable to overtime not reimbursable under the exceptions contained in (a)(4i) of the clause. If it was agreed that the contract could be performed without the use of additional overtime, insert “Zero”. I 4-3: 8 Revised 26 Mar 1981 Approved For Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 &
‘Approved For Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 CONTRACT NO. MDA903-81~-C-0292 PAGE 18 SRI INTERNATIONAL SECTION J ~ LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHENTS J-1. ATTACHMENTS #1 - DD FORM 254 - SECURITY REQUIREMENTS CHECK LIST Approved For Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 7
Approved For Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 CONTRACT NO. MDA903-81-C-0292 PAGE 19 SRI INTERNATIONAL SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS REPRESENTATLONS, Vinee ee eee BY OFFERORS OR QUOTERS The Offeror, Bidder, Proposer, or Quoter (hereafter called the Offeror) repre- sents and certifies as part of his offer, bid, proposal, or quotation (hereinafter called his offer) that: (Check, "X", or complete all applicable boxes or blocks). K-1. CERTIFICATION OF RESPONSIBILITY The Offeror hereby certifies per DAR 1-905.3(i1) that he (Y%) does, ( ) does not, meet minimum standards of responsibility under DAR 1-903; i-e. that he has: (i) adequate financial resources, (ii) ability to comply with the performance schedule, (iii) a satisfactory record of performance, (iv) a satisfactory record of integrity, (v) is other wise qualified and eligible to receive an award under applicable laws and regulations, and (vi) has the necessary organization, experience, operational control, technical skills, equipment and facilities or existing commitments and arrangements to obtain them. K-2. CONTINGENT: FEE (1974 APR) DAR 7-2002.1 The Offeror/Quoter represents and certifies as part of his proposal/quotations that: (Check all applicable boxes or blocks)- (a) He ( ) has, (xy) has not, employed or retained any company or person (other than a full-time, bona fide employee working solely for the offeror/quoter) to solicit or secure this contract, and (b) he ( ) has, &) has not, paid or agreed to pay any company or person (other than a full-time bona fide employee working solely for the offeror/quoter) any fee, commission, percentage, or brokerage fee contingent upon or resulting from the award of this contract; and agrees to furnish information relating to (a) and (b) above, as requested by the Contracting Officer. (For inter- pretation of the representation, including the term “bona fide employee”, see Code of Federal Regulations, Title 41, Subpart 1-1.5). If the offeror/quoter, by checking the appropriate box provided therefor, has represented that he has employed or retained a company or person (other than a full- time bona fide employee working solely for the offeror/quoter) to solicit or secure this contract, or that he has paid or agreed to pay any fee, commission, percentage, or brokerage fee to any company or person contingent he shall furnish, in duplicate, a complete Standard Form 119, Contractor's Statement of Contingent or Other Fees. If offeror/quoter has previously furnished a completed Standard Form 119 to the office issuing this solicitation, he may accompany his proposal/quotation with a signed statement (a) indicating when such completed form was previously furnished, (b) identifying by number the previous solicitation or contract, if any, in con- nection with which such form was submitted, and (c) representing that the statement in such form is applicable to this proposal/quotation. Approved For Release 2003/09/10 : CIA-RDP96-00792R000100140057-0 a