WHEREAS, the Commander of the Air Force Missile Test Center is charged with the responsibility of operating facilities for the accomplishment of tests and the performance of research and development related to tests, on guided missiles, controlled targets, drones, components and allied equipment; to support operational evaluation and training as directed: and to provide facilities for other governmental agencies and Contractors, in support of the mission of Air Research and Development Command: and, WHEREAS, in addition to management, operation and maintenance, certain Research and Development and other technical services are required in the accomplishment of this mission: and, WHEREAS, it is considered desirable to secure such services from private industry and, WHEREAS, the Contractor is considered capable of providing or arranging to provide the required scientific, professional or otherwise qualified personnel to assist in the performance of the mission: and, WHEREAS, a high degree of cooperation and mutual understanding between the contracting parties is a prerequisite to the end that the contract shall be performed as economically and effectively as possible; and WHEREAS, the Contractor is willing to furnish the services herein provided for under the direction and authority of the Commander, Air Force Missile Test Center; and, NOW, THEREFORE, in consideration of these covenants and agreements and for other good and valuable considerations, the Contractor shall, under the direction and authority of the Commander, Air Force Missile Test Center, acting through such Contracting Officer as the Commander shall designate, perform the services described in PART I STATEMENT OF WORK of the Schedule, below: A. The Contractor shall furnish the necessary services and materials for the management, operation and maintenance of the Missile Test Range facilities, and related activities of the Air Force Missile, Test Center as follows: (1) Administration, management and planning for (2), (3) and (4) (2) Operation and maintenance of the Missile Test Range of the Air (3) Support of the foregoing operations and of users of said Missile (4) Range engineering services as set forth in Section V of Technical B. For the purposes of this contract, the Missile Test Range of the Air Force Missile Test Center shall mean the existing facilities at, or hereafter furnished by the Government for (a) the Tech ical Systems Laboratory, including the photographic laboratory, data reduction c , and electronics and optical maintenance shops at Patrick Air Force Base and (D) the Auxiliary Air Force Bases of said Test Range. The Auxiliary Air Force Bases shall mean; (1) Cape Canaveral AAFB, (2) Jupiter AAFB, (3) Grand Bahama AAFB, (4) Eleuthera AAFB, (5) San Salvador AAFB, (6) Mayaguana AAFB, (7) Grand Turk AAFB, (8) Dominican AAFB, and (9) Mayaguez AAFB, Puerto Rico, said Bases being hereinafter sometimes referred to by the numbers indicated. C. All work shall be accomplished in accordance with the detailed specifications and requirements set forth in Technical Exhibit "I", attached hereto and made a part hereof, Additional work beyond the general scope of this contract and attached Technical Exhibits I and II will be made only by mutual consent of the arties and evidenced by a Supplemental Agreement hereto. Changes requiring additional work within the general scope of this contract and attached Exhibits will be accomplished pursuant to Clause 2, General Provisions. D. PHASES. The work required in paragraph A above shall be performed substantially in accordance with the following and as more specifically set forth in Technical Exhibit "II", except that deceleration may be directed by the Contracting Officer: Phase 1. Cape Canaveral AAFB shall be 100% operational by Grand Bahama AAFB shall be 100% operational by Eleuthera AAFB shall be 100% operational by Administration, management and planning specified in AF 18(600)-881 1 DD Form 351-1 11 fm RAI E. Keep adequate records of the activities in the performance of the work called for herein and furnish such reports at such times and places as may be directed by the Contracting Officer. A. The Contractor shall perform the services called for herein during the period 30 June 1953 through 30 June 1954. B. All reports, studies, criteria and other information and material and official communications shall be delivered to the Government by prepaid mail addressed to the Commander, Air Force Missile Test Center, Patrick Air Force Base, Florida, Attention: Administrative Contracting Officer, marked Contract No. AF 18(600)-881, or such other points as may be directed in writing by the Commander, Air Force Missile Test Center. A. (1) The estimated cost for this contract as contemplated by Clause (a) REIMBURSEMENT, of the General Provisions, is FOUR MILLION EIGHT HUNDRED THIRTY-NINE THOUSAND NINE HUNDRED FIFTY THREE DOLLARS AND NO CENTS ($4,839,953.00). (2) The fixed fee for this contract contemplated by Clause (a) REIMBURSEMENT, of the General Provisions is TWO HUNDRED FIFTEEN THOUSAND DOLLARS AND NO CENTS ($215,000.00). (3) The amount allotted for this contract as contemplated by Clause (c) REIMBURSEMENT, of the General Provisions, is FIVE MILLION FIFTY-FOUR THOUSAND NINE HUNDRED FIFTY-THREE DOLLARS AND NO CENTS ($5,054,953.00). B. Allowable costs will be determined by the Contracting Officer in accordance with Part 2 of Section XV of the Armed Services Procurement Regulation. It is understood and agreed, without limiting the generality of the foregoing, that the following shall be considered as allowable items of cost, in addition to costs allowable under Clause REIMBURSEMENT, of the General Provisions of this contract, when incurred in the performance of work hereunder: (1) Cost of travel, living, and other employee-incurred expense, including charge for transfer and relocation (both permanent and terrorary) of employees and their families, wages and other benefits to captured or detained employees, all in accordance with the Contractor's Standard Practice Instructions, as may be approved by the Contracting Officer. Contractor's said Instructions may be amended from time to time, subject to the approval of the Contracting Officer. DD Form 351-1 AF 18(600)-881 (2) Cost of Federal, State, Local, Territorial and Foreign taxes and duties which are allocable to this contract (exclusive of Foreign and Federal Income and Excess Profits Taxes) to the extent that exemption therefrom is not available to the Contractor and to the extent that such taxes or duties are not included in any other classification hereunder. C. Reimbursement under this contract will be made, when requested by the Contractor, based upon provisional audit, it being agreed that any reimbursements made pursuant to this Contract shall be subject to final audit and adjustment prior to final settlement under this contract. D. The fixed overhead amount covering all overhead indirect costs, contemplated by Clause 4(1) of the General Provisions is $135,596.00. For the purposes of Clause 4(3) REDETERMINATION OF FIXED OVERHEAD AMOUNT, the amount set forth herein shall be redetermined every twelve (12) months. The first period shall be from 30 June 1953 through 30 June 1954. Contractor shall be paid the agreed fixed overhead amount in monthly installments based upon percentage of completion of the work as determined by the Contracting Officer. A. The Government may furnish to the Contractor, for use in connection with the performance of this contract, such Government furnished property as may be approved by the Contracting Officer, and such property shall be delivered to the Contractor in accordance with Clause 20 GOVERNMENT PROPERTY and/or Clause 21 - ADDITIONAL PROVIS IONS CONCERNING GOVERNMENT PROPERTY of the General Provisions of this contract. PART V ENGINEERING AND SCIENTIFIC REPORTS, DRAWINGS, BLUEPRINTS, TECHNICAL DATA, A. Title to engineering and scientific reports, drawings, blueprints, technical data, bills of material, photograph models, and the like, produced or acquired by the Contractor in the performance of this contract, shall be solely in the Government, and upon completion or termination of this contract all such material shall be delivered to the Government as directed by the Contracting Officer. PART VI-CONSTRUCTION OR REHABILITATION OF BUILDING AND FACILITIES: A. The Contractor shall not, without the approval of the Contracting Officer, construct or rehabilitate, or place any sub-contract for the construction or rehabilitation of buildings and facilities. PART VII - SECURITY: · A. Clause 27 MILITARY SECURITY REQUIREMENTS of the General Provisions hereto is hereby amended as follows: Reletter sub-paragraphs (d) and (e) to read (e) and (f) respectively. (a) As security is of an essence of the work under this Contract, and as this operation is, in parts, of a nature affecting the national security, the Contractor agrees to closest coordination with the security agencies of the United States Air Force and further agrees to accept the policies and procedures relative to security as laid down for this particular contract by the United States Air Force and communicated to the Contractor by the Commander, AFMTC, or the Contracting Officer. DD Form 351-1 (1 Jun 50) AF 18 (600)-881 1. DEFINITIONS. 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. (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 "subcontracts" includes purchase orders under this contract. 2. CHANGES. The Contracting Officer may, at any time, by a written order make changes in or additions to the drawings and specifications, issue additional instructions, require additional work within the general scope of the contract, or direct the omission of work covered by the contract. If such changes cause a material increase or decrease in the amount or character of the work to be done under this contract, or in the time required for its performance, an equitable adjustment of the estimated cost and of the amount of the fixed fee to be paid to the Contractor shall be made and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within thirty (30) days from the date of receipt by the Contractor of the notification of change; provided, however, that the Contracting Officer, if he 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 proceeding with the contract as changed. 3. INSPECTION. All materials and workmanship shall be subject to inspection and test by representatives of the Government. For this purpose, the Contractor shall Allow at all times inspectors and other Government personnel, free access to the plant and operations and shall furnish such facilities, supplies and services as may be required for this work, (a) 4. REIMBURSEMENT. The Contractor shall be paid as full compensation for the performance of this contract, the fixed fee specified in the Schedule and the allowable costs of performance of this contract. The estimated cost of performance is stated in the Schedule. Said estimated cost and the fixed fee are subject to increases or decreases as herein provided, but there shall be no adjustment in the amount of the fixed fee because of any errors or omissions in computing said estimated cost, or because the estimated cost varies from the actual cost. (b) Allowable costs will be determined by the Contracting Officer in accordance with Part 2 of Section XV of the Armed Services Procurement Regulation, it being understood that the premium portion of overtime wage payments shall be allowable hereunder only if and to the extent that the overtime work for which such payments are made has been expressly authorized by the Contracting Officer in writing. * Duly authorized by the Commander, AF Missile Test Center, AF 18(600)-881 |