13. INCORPORATION OF OTHER DOCUMENTS

All specifications, exhibits, drawings or other documents which are referenced in this contract, except for the agreement which may be negotiated between the Contractor and the other TEWS . Contractors pursuant to paragraphs 9 and 10 of this SECTION J, whether or not attached, are hereby incorporated herein by reference. REVIEW OF SPECIAL TOOLING/SPECIAL TEST EQUIPMENT LISTS

(a) It is recognized that the price of this contract includes a factor for special tooling. Prior to the acquisition of anv special tooling, except for jigs, dies, fixtures, molds, patterns and special tar the Contractor shall submit an itemized list of such special tooling to the Principal Contracting Officer for approval. In the event any of the items listed are determined not to be special tooling as defined in DAR 13-101.5, the parties shall negotiate an equitable adjustment in the contract price and any other contractual provisions affected by such determination, in accordance with the procedures provided for in the clause of this contract entitled "Changc

(b) If, during the performance of this contract, it is necessary to acquire additional special tooling/special test equipment in the implementation of any change authorized pursuant to the clause of the contract entitled "Changes" the equitable adjustment contemplated by said "Changes" clause shall not include the cost of any tooling/test equipment that does not meet the definition set forth in DAR 13-101.5 and 13-101.6, except to the extent specified in DAR 15-205.40 (d). Therefore, the Contractor shall submit to the Contracting Officer separate lists, one for all special tooling (except jigs, dies, fixtures, molds, patterns, and special taps) and one for all special test equipment required for any such contemplated or authorized change, no later than concurrently with the submission of his firm price proposal for an equitable adjustment (increase or decrease) contemplated by the "Charges" clause. The itemized list(s) shall include: (1) manufacturer's name, (2) general nomenclature and description of size, capacity, and function including breakout of major components, (3) estimated delivery cost, and (4) any special characteristics deemed pertinent to the classifcation of the item, including those reasons that support the Contractor's contention

that the items are in fact "special" and that the use of such tooling/ equipment is limited to the development, production and/or testing of the particular supplies or parts thereof or in the performance of the particular services.

15. REDIRECTION OF EFFORT

Notwithstanding any of the provisions of this contract or in the documents referenced in this contract, the Principal Contracting Officer is the only individual authorized to redirect the effort or in any way amend any of the terms of this contract.

The Contractor shall select, supervise and exercise control and direction over its employees. Contractor shall not supervise, direct or control the activities of Government personnel. Except as may be otherwise expressly specified herein, the Contractor shall provide all necessary administrative and other support to its employees.

17. ORDER OF PRECEDENCE

In the event of an inconsistency in this contract, unless othe wise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) the Schedule (including the specifi cations and documents referenced in Section E hereof); (b) General Provisions; and (c) the other specifications and documents.

.

(1) Acceptance: The word "acceptance" as used herein means the execution of the Acceptance Block and signing of a Form DD 250 by the authorized Government representative.

(2) Supplies: The word "Supplies" as used herein means the end item furnished by the Contractor and any related services required under this contract. The word does not include technical data.

(b) Warranty. The Contractor warrants that until the production ICS units and the spare ICS LRU units to be delivered under this contract have experienced two (2) operating hours after installation on an F-15 aircraft or for twelve (12) months after acceptance of each unit, whichever occurs first, all supplies furnished under this contract will be free from defects in material and workmanship and will conform with the specifications and all other requirements of thi contract provided, however, that with respect to Government furnished property, the Contractor's warranty shall extend only to its proper installation, unless the Contractor performs some modification or other work on such property in which case the Contractor's warranty shall extend to such modification or other work.

(1) Right to Corrective or Replacement Action. In the event of a breach of the Contractor's warranty in paragraph (b) above, the Government may, (A) require the Contractor, at the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) or at the Contractor's plant, to repair or replace, at the Contractor's election, defective or nonconforming supplies, or (B) require the Contractor to furnish at the Contractor's plant such materials or part and installation instructions as may be required to successfully accomplish the required correction. The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required under this clause (including revision and updating of all affected data called for under this contract) at no increase in the contract price. When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's plant and return.

sixty (60) days. If the material used in the

repair or replacement is borrowed from PEACE SUN Depot supplies, that material shall be replaced by the Contractor as follows: (1) If an investment item, then the borrowed item shall be replaced with a new or repaired item within days (2) If an expense

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item, then the borrowed item will not be replaced; rather, the Contractor will submit a credit for the appropriate repair contract equal to the value of the borrowed item.

(2) Right to Equitable Adjustment. If the Government does not require correction or replacement of defective or nonconforming supplies or the Contractor is not obligated to correct or replace by reason of paragraph (f) below, the Government shall be entitled to an equitable reduction in the price of such supplies.

(a) Notification. Except as the notification period may be extended by paragraph (e), the Contractor shall be notified in writing of any breach of the warranty in paragraph (d) above within thirty (30) days after the Contracting Officer determines that a defect exists. Within fourteen (14) days thereafter, the Contractor shall submit to the Contracting Officer a written recommendation as to the corrective action required to remedy the breach. After the notice of breach, but not later than thirty (30) days after receipt of the Contractor's recommendation for corrective action, the Contracting Officer may in writing direct correction or replacement as set forth in paragraph (c) above, and the Contractor shall, notwithstanding any disagreement regarding the existence of a breach of warranty comply with such direction. In the event it is later determined that the Contractor did not breach the warranty in paragraph (b) above, the contract price will be equitably adjusted.

(c) Corrected or Replaced Supplies.

(1) Any supplies or parts thereof corrected or furnished in replacement pursuant to this clause shall also be subject to all the provisions of this clause to the same extent as supplies initially delivered. The warranty with respect to such supplies or parts thereof shall be equal in duration to that set forth in (b) above and shall run from the date of delivery of such corrected or replaced supplies.

(2) With respect to such supplies, the period for notification of a breach of the Contractor's warranty in paragraph (d) shall be within thirty (30) days after the Contracting Officer deterri that a defcct exists.

(f) Inability to Correct. The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment of supplies necessary to accomplish such correction. or replacement have been made unavailable to the Contractor by action of the Government. In the event that correction or replacement has been directed, the Contractor shall promptly notify the Contracting Officer in writing of such nonavailability.

(g) All implied warranties of merchantability and "fitness for a particular purpose" are hereby excluded from any obligation containe in this contract.

(h)

The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract.

19. RESERVED