Page L22 Contract DAAK30-77-C-0018 SECTION L (Cont'd) GENERAL PROVISIONS L.4 The General Provisions listed below are applicable to the LRIP and IP Phases (CLIN's 0003, 0004, 0005, 0006, 0007, 0008, and 0009) of this contract. Those marked with an asterisk (*) are attached in full text. All other clauses, as set forth in the paragraph of the Armed Services Procurement Regulation (ASPR) cited, are Incorporated herein by reference with the same force and effect as though set forth in full text. Page L23 Contract DAAK 30-77-C-0018 SECTION L (Cont'd) GENERAL PROVISIONS L.5 The General Provisions listed below are applicable to the IP Phase (CLIN's 0005, 0006, 0007, 0008, and 0009) of this contract. Those marked with an asterisk (*) are attached in full text. All other clauses, as set forth in the paragraph of the Armed Services Procurement Regulation (ASPR) cited, are incorporated herein by reference with the same force and effect as though set forth in full text. Page L24 Contract DAAK 30-77-C-0018 SECTION L (Cont'd) 6. Incentive Price Revision (Firm Target) (1976 Jul) (a) General. The supplies or services identified in the Schedule as items 0007 are subject to price revision in accordance with the provisions of this clause; provided, that in no event shall the total final price of such items exceed dollars ($ ). Any supplies or services which are to be ordered separately under, or otherwise added to, this contract, and which are to be subject to price revision in accordance with the provisions.of this clause, shall be identified as such in a modification of this contract. 31,820,960.00 (b) Definition of Cost. For the purposes of this clause, "cost" or "costs" means allowable cost in accordance with Section XV of the Armed Services Procurement Regulation as in effect on the date of this contract. (90) days after the end of (c) Submission of Data. Within ninety the month in which the Contractor has delivered the last unit of supplies and completed the services called for by those items referred to in paragraph (a) above, the Contractor shall submit, on DD Form 633-6 or other form as the Contracting Officer may require, (i) a detailed statement of all costs incurred up to the end of that month in performing all work under such items, and (ii) an estimate of costs of such further performance, if any, as may be necessary to complete performance of all work with respect to such items. (d) Price Revision. Upon submission of the data required by paragraph (c) above, the Contractor and the Contracting Officer shall promptly establish the total final price in accordance with the following: (1) On the basis of the information required by paragraph (c) above, together with any other pertinent information, there shall be established by negotiation the total fil cost incurred or to be incurred for the supplies delivered (or services performe) and accepted by the Government, which are subject to price revision under this clause. (2) The total final price shall be established by adjusting the total final (3) The total final price of the items referred to in paragraph (a) above shall be evidenced by a modification to this contract signed by the Contractor and the Contracting Officer. Such price shall not be subject to revision notwithstanding any changes in the cost of performing the contract, with the following exceptions: (i) insofar as the parties may agree in writing, prior to the determination of the total final price, (A) to exclude any specific elements of cost from the total final price and (B) to a procedure to provide subsequent disposition of such elements; and (ii) to the extent any adjustment or credit is explicitly permitted or required by this or any other clause of this contract. (e) Subcontracts. No subcontract placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis. (f) Adjustment of Payments. Pending execution of the contract modification referred to in subparagraph (d)(3) above, the Contractor shall submit invoices or vouchers in accordance with billing prices as provided in this paragraph. The billing prices shall be the target prices set forth in this contract; provided, that if at any time it appears that the then current billing prices will be substantially greater than the estimated final price in light of information provided by the Contractor in accordance with the provisions of subparagraph (g)(2) below, a reduction in the billing prices shall be negotiated. Similarly, the parties may negotiate an increase in billing prices by any or all of the difference between the target price and the ceiling price upon submission of factual data from the Contractor showing that final costs under this contract will be substantially greater than target cost. Page L26 Contract DAAK30-77-C-0018 SECTION L (Cont'd) GENERAL PROVISIONS Any adjustment of billing prices shall be reflected in a modification to this contract, and shall not affect the determination of the total final price under paragraph (d) above. After execution of the contract modification referred to in subparagraph (d)(3) above, the total amount paid or to be paid on all invoices or vouchers shall be adjusted to reflect the total final price and any additional payments, refunds, or credits, resulting therefrom shall be promptly made. (1) This paragraph (g) shall not apply after final price revision. (2) Within forty-five (45) days after the end of each quarter of the Contractor's fiscal year, beginning for the quarter in which a delivery is first made (or services are first performed) and accepted by the Government under this contract, and as of the end of each quarter, the Contractor shall submit to the Contracting Officer, with a copy thereof to the cognizant contract auditor, a cumulative statement setting forth: (i) the total contract price of all supplies delivered (or services performed) and accepted by the Government for which final prices have been established; (ii) on DD Form 633-6 or other format approved by the Contracting Officer, the total costs (estimated to the extent necessary) reasonably incurred for and properly allocable solely to the supplies delivered (or services performed) and accepted by the Government for which final prices have not been established; (iii) that portion of the total target profit which is in direct proportion to the supplies delivered (or services performed) and accepted by the Government for which final prices have not been established, increased or decreased in accordance with the incentive profit formula set forth in (d)(2) above when the amount of costs stated under (ii) above differs from the aggregate target costs of such supplies or services; and (iv) the total amount of all invoices or vouchers for supplies delivered (or services performed) and accepted by the Government (including amounts applied or to be applied to liquidate |