EXHIBIT 10(y)
MANUFACTURING AGREEMENT
BETWEEN
BULOVA TECHNOLOGIES L.L.C.
AND
MYKOTRONX, INC.
FOR THE KIV-7 PRODUCTS
28 OCTOBER 2003
1
Buyer: ____
Seller:____
TABLE OF CONTENTS
ARTICLES
1. Terms of Agreement: Termination
2. Manufacturing
3. License to Manufacture
4. Prohibition of Third Party Sales
5. Forecasts
6. Purchase Orders
7. Pricing
8. Changes
9. Shipments, Factory Relocation: Factory Qualification
10. Delivery Date-Liquidated Damages
11. Force Majeure
12. Inspection and Acceptance
13. Warranty
14. Key Personnel
15. Support Services
16. Status Reporting
17. Financial Reporting
18. Products Defects or Recall
19. Relationships
20. Insolvency
21. Choice of Law
22. Resolution of Disputes
23. Assignment
24. Communications and Notice
25. Indemnification
26. Public Release of Information
27. Order of Precedence
28. Compliance with Laws
29. Independent Contractor
30. Gratuities
31. Seller Contacts with Buyer's Custom and Other Vendors
32. Release of Liens
33. Taxes
34. Invoices
35. Packing, Packaging, and Marking
36. Price Warranty
37. Certification of Independent Price Determination
38. Work on Buyer's or Buyer's Customer's Premises
39. Title and Risk of Loss
40. Responsibility for Buyer Owned Property
41. Stop Work Order
42. Waiver
43. Failure to Comply
44. Termination for Convenience
2
Buyer: ____
Seller:____
45. Termination for Default
46. Buyer's Property and Information
47. Information Disclosed and/or Delivered to Buyer
48. Amendments
49. Waiver
50. Confidential and Proprietary Information
51. Entire Agreement
Attachments:
A. Key Personnel
B. Pricing Schedule
C. Priced Xxxx of Material for KIV-HSB
X Xxxxxx Presidio Warranty
E KIV-7HSB Specification and Drawings
F. Mykotronx, Inc. Non-Disclosure Agreement
G. Mykotronx QA Provisions
H. Contract FAR Clauses
I. Testing Requirements and Procedures
3
Buyer: ____
Seller:____
KIV-7
MANUFACTURING AGREEMENT
THIS MANUFACTURING AGREEMENT (the "Agreement") is entered into as of 28
October, by and between Bulova Technologies L.L.C., a Delaware Limited Liability
Company, having a principal place of business at 000 Xxxxx Xxxxx Xxxxxx,
Xxxxxxxxx Xxxxxxxxxxxx 00000 ("Bulova") and Mykotronx, Inc., a California
corporation, having a principal place of business at 000 Xxx Xxxx Xxx, Xxxxx
000, Xxxxxxxx, Xxxxxxxxxx 00000 ("Mykotronx"). Bulova and Mykotronx may be
individually referred to as a "Party" or collectively referred to as the
"Parties."
WHEREAS, the Parties wish to enter into this Manufacturing Agreement
which shall set forth the terms and conditions upon which Bulova (Seller) shall
manufacture Products for Mykotronx (Buyer). In addition, the Seller agrees to
procure the Presidio Module for the Products from Xxxxxx Corporation, RF
Communications, 0000 Xxxxxxxxxx Xxxxxx, Xxxxxxxxx, XX 00000. The attachments
listed in the table of contents are hereby incorporated and are to be considered
an integral portion of this Agreement. Notwithstanding the foregoing, in the
event of any conflict or ambiguity between this Agreement and any Attachment,
this Agreement shall take precedence.
For purposes of this Agreement the following terms are hereby defined:
"Indefinite Delivery Indefinite Quantity" (ID/IQ) orders shall mean purchase
orders placed by Buyer to Seller which reference the ID/IQ Government contract
between the Buyer and the Government and require DCMC approval as proof of
delivery.
"Commercial" orders shall mean purchase orders placed by Buyer to Seller, which
require a Certificate of Conformance (COC) approval as proof of delivery.
"Rainbow" Rainbow Technologies Inc., a California corporation, having a
principal place of business at 00 Xxxxxxxxxx Xxxxx, Xxxxxx California (Rainbow)
is the parent company of Mykotronx, Inc.
1. TERMS OF AGREEMENT; TERMINATION
A. The term of this Agreement will be for 23 months, subject to earlier
termination pursuant to the provisions of this Agreement. Upon the
expiration of this term , this Agreement shall continue from year to
year until one party terminates the Agreement by giving at least ninety
(90) days prior written notice to the other party. Notwithstanding the
foregoing, the term of this Agreement shall automatically extend to
include the term of any purchase order ("Order") issued hereunder,
subject to earlier termination pursuant to the provisions of this
Agreement.
B. Buyer may, at its option, terminate this Agreement prior to the term
of this Agreement, under the provisions for a Termination for
Convenience, (Paragraph 44) by giving written notice to Seller of its
desire to terminate this Agreement. Such notice shall include the
effective date of
4
Buyer: ____
Seller:____
the termination which date shall be not less than 180 days after the
date of such notice. Such notice shall be given, if at all, at any time
after the signing of this Agreement, but not later than six months
prior to the expiration of this Agreement.
C. Any provisions hereof that by their nature would be expected to
survive the termination of this Agreement shall survive and not be
affected by the termination or expiration of this Agreement, including,
without limitation, Sections 10, 13, , 18, 19. 20, 21, 22, 33, 46 and
50.
2. MANUFACTURING
Seller shall manufacture KIV-7HSB, COMSEC module for Mykotronx to the
specification 4090500-0501, drawings provided (attachment E), Quality
Provisions (Attachment G), Acceptance Test Procedures and Testing
Requirements and Procedures (Attachment I) hereinafter referred to as
"the Product" or "Product".
The contract requires that a representative sample of (3) units undergo
a Production Sampling Tempest Test Plan every month per the
Mykotronx/Government approved test plan.
Sub-level testing of Printed Wiring Assemblies using In-Circuit Test
fixtures and equipment identifies most process errors or components
failures at the earliest and most re-workable point in the flow.
3. LICENSE TO MANUFACTURER
For the term of this Agreement, Buyer does hereby grant to Seller a
nonexclusive, royalty-free, irrevocable right and license to make
Product.
4. PROHIBITION OF THIRD PARTY SALES
Seller agrees to manufacture the Product exclusively for Buyer and
further agrees not to sell any Product to any third party unless
directed to do so in writing by Buyer.
5. FORECASTS
Buyer shall submit, in writing, a rolling six month forecast of Product
that Buyer expects will be required for sale beyond the three months of
firm purchase orders.. This forecast shall include total quantity of
Product, by Part Number, and such forecast will be revised monthly.
Forecasts are for general planning and/or long lead procurement
purposes and Buyer shall not be responsible for forecasts that later
turn out to be inaccurate. Buyer shall be responsible for any material
purchased by Seller beyond the scope of any Purchase Order issued by
Buyer to Seller only if approved in writing by the Mykotronx Program
Manager.
6. PURCHASE ORDERS
A. Notwithstanding the provisions set forth in the paragraph entitled
FORECASTS, Buyer shall issue purchase orders ("Purchase Orders") for
all Product ordered which shall include the unit price, quantity,
cumulative price, anticipated delivery date and reference this
Agreement. Place of delivery, and method of transportation and carrier
will be provided the first day of the month for that month's deliveries
via "Distribution Instructions." Any terms and conditions contained in
a Purchase Order that are inconsistent with the terms and conditions
set forth in this Agreement shall have no force and effect unless set
forth in writing executed by both Parties. Seller agrees to accept
mandatory flow down clauses similar to those accepted by Mykotronx in
its prime contracts and to incorporate the terms and conditions thereof
in the Purchase Orders.
5
Buyer: ____
Seller:____
In addition, the Parties agree to negotiate in good faith to
incorporate termination provisions similar to those accepted by
Mykotronx in its prime contract(s) with its customers for the Product.
Other additional terms and conditions shall have no force and effect.
B. Deliveries shall be made pursuant to reasonable manufacturing
schedules based on no less than a ninety (90) day lead-time. Buyer
will provide purchase orders to Seller to ensure Seller has a
minimum of four (4) months of Purchase Orders on-hand at all times
C. Buyer agrees to place Purchase Orders for a minimum quantity of 200
Units for delivery per month and shall not exceed a maximum quantity
of 500 Units for delivery per month.
D. Payment for Product ready for delivery shall be made by Buyer on a
net thirty (30) days basis from receipt of the correct invoice
including proof of delivery with respect to deliveries under the ID/IQ
and on a net forty-five (45) basis for all other deliveries (including
purchase orders for Mykotronx to be shipped to its inventory). Proof of
delivery shall be defined as DCMC approval for the ID/IQ deliveries and
a Certificate of Conformance for Commercial deliveries. Seller will
provide copies of invoices to the Government offices of Program
Management, Contracts, and the Paying Office via priority mail with
tracking system. Commercial invoices shall be submitted separately to
the billing address indicated on commercial sales orders. Invoices
shall be transmitted to Mykotronx at the time the Product is deemed
"accepted" as provided in Section Twelve. When required, any notice of
late payment will be provided in writing to the KIV Contract
Administrator at the address provided in Article 24 herein.
F. PAYMENT TERMS FOR THE PRESIDIO MODULE
Mykotronx and Xxxxxx have executed a Supply Agreement for the Presidio
Module. Seller shall procure the Presidio Module from Xxxxxx. As part
of this Agreement Seller accepts the Xxxxxx payment terms for the
Presidio Module which follow.
"Partial and early shipments, as mutually agreed, and acceptable,
within fifteen days prior to the scheduled delivery date and at no time
shall the quantity delivered exceed a quantity greater than 110% of the
quantity scheduled for delivery, are acceptable and will result in
partial invoices. Payment terms are net thirty (30) days from invoice
date. In accordance with Xxxxxx standard terms and conditions, Xxxxxx
reserves the right to assess interest at the rate of 1.5% per month for
repeated untimely payments received by Xxxxxx beyond forty-five (45)
days from invoice date."
7. PRICING
A. Pricing for the Product (Attachment B) shall remain firm for two
years., except that such price may be adjusted to reflect an increase
in the cost of material in accordance with the formula below. In
addition, for all raw materials or component parts that are supplied by
Mykotronx or through Mykotronx's Suppliers on behalf of Mykotronx, an
appropriate decrease will be made in the price based on the cost plus
the applicable burdens. The Xxxx of Material established as the
baseline for all future changes is incorporated as Attachment C.
B. FORMULA FOR SHARING MATERIAL COST INCREASES AND DECREASES
In the event that the aggregate cost of material increases or decreases
more than five percent (5%) from the cost of such material defined in
Sellers costed BOM (Attachment C) within their proposal (BULOVA LETTER
DATED 24 OCTOBER), the Parties shall share the increase or decrease in
the cost of the material exceeding such five percent (5%) variation on
a 50/50 basis to be computed quarterly except as provided above in
Article 7. A.
6
Buyer: ____
Seller:____
C. In the event the Seller recommends design improvements resulting in
cost savings, this savings will be shared with Mykotronx on a 50/50
basis.
8. CHANGES
Any changes to the drawings, designs or specifications of the Product
required by Buyer shall be communicated to Seller in writing. The
Seller shall review the change and within thirty (30) working days
communicate to Mykotronx the Seller's plan for implementing the change
together with cost impact if any. The delivery date and the price of
the Product shall be adjusted if any such changes agreed upon by the
Parties cause a delay in delivery or increase or decrease in the costs
of manufacture of the Product.
9. SHIPMENTS, FACTORY RELOCATION; FACTORY QUALIFICATION
A. Method of transportation and carrier are to be in accordance with
the instructions contained in the Sales Orders. All shipments shall be
FOB Seller shipping dock, or such other FOB Origin point designated by
Seller. Buyer shall pay for the cost of insurance and freight except
for freight for shipment under the ID/IQ, which shall be absorbed by
Seller as part of the Price. Title and the risk of loss, damage and
destruction shall pass to Mykotronx at the FOB point. Shipments shall
be made directly to Mykotronx customers, per instructions to Seller by
Buyer as set forth in Sales Orders.
B. In the event Seller elects to reorganize, merge, sell or otherwise
change the structure of the business organization manufacturing the
product, Seller without the consent of any Party, may move the factory.
In such event, Seller shall notify Mykotronx one hundred twenty (120)
days in advance of such move and Seller shall be responsible for any
required re-qualification related to the Product.
C. During the term of this Agreement, Seller, in accordance with the
DD-form 254, provided through Mykotronx and as required by the flow
down provisions on the DD form 254, shall maintain facility clearance,
COMSEC Account and Security clearance and controls as required for the
Seller's facility manufacturing the KIV-7 COMSEC Module
D. When orders for KIV-7HSB units also include ancillary devices, all
items are to be shipped on the same date unless directed otherwise in
writing by Buyer.
E. ID/IQ orders shall be shipped prior to open market orders unless
directed otherwise in writing by Buyer.
10. DELIVERY DATE-LIQUIDATED DAMAGES
A Delivery will be accomplished within the time specified on the face
of the Purchase Order ("Due Date "), provided such date allows proper
lead-time as set forth in this Agreement. Anything to the contrary
notwithstanding, Seller shall not be liable for any reasonable delay in
production or delivery, until it receives a fifteen (15) day advance
notice ("Notice Period ") of such delinquency giving Seller forty-five
(45) days from the expiration of the Notice Period to cure the
delinquency ("Cure Period") for a total of 60 days from the date the
notice is received; provided, however, that the Notice Period and Cure
Period shall not apply to delays in production or delivery that are the
result of the relocation of the manufacturing operations as
contemplated in Section 9 or customer caused delays. Delivery shall be
deemed complete when the Products are delivered to the FOB point.
Submission of an acceptable recovery plan by Seller shall nullify need
for notice.
7
Buyer: ____
Seller:____
B. In the event Seller fails to cure the delinquency prior to the
expiration of the Notice Period and Cure Period, Seller shall pay to
Buyer as liquidated damages, a sum of one percent (1%) of the Transfer
Price of the Products that were ordered by Buyer's customers and remain
unshipped for each month (beyond the sixty (60) day Notice and Cure
Period) that such Products so remain unshipped, not to exceed a total
of one hundred thousand dollars ($100,000) of liquidated damages in the
aggregate. Anything to the contrary notwithstanding, no liquidated
damages under this section entitled DELIVERY DATE-LIQUIDATED DAMAGES
shall be due and owing if the delays in delivery are caused by the U.S.
Government or any of it agencies or department (which are not
attributable to the performance or non-performance by Seller) or by
force majeure events.
C. In the event Seller is obligated by the terms of this Agreement to
pay liquidated damages to Mykotronx, Seller shall pay such sum on a
net thirty (30) basis from receipt of Mykotronx' invoice for same.
11. FORCE MAJEURE
In the event a delay in production or delivery occurs which delay is
occasioned by: (a) acts of God, including but not limited to fire,
floods or unusually severe weather; (b) civil or military authority,
war, hostility, riots, government action in its contractual or
sovereign capacity; (c) strikes or other labor actions; or (d) where
such delay is occasioned by other causes beyond the control of Seller
and without its fault or negligence, then the date or dates for
delivery of the equipment shall be extended for a period equal to the
time lost by reason of any such delay. Anything to the contrary
notwithstanding, Seller shall be responsible for delays caused by
subcontractors failing to make timely deliveries unless such delays are
caused by force majeure events, subject to the limitations set forth in
paragraph B of the section, entitled DELIVERY DATES-LIQUIDATED DAMAGES.
12. INSPECTION AND ACCEPTANCE
Acceptance of Products shall take place at the Seller Facility: (a)
with respect to orders to be shipped to a Government customer when such
customer delivers to Seller a signed form DD250 authorizing shipment of
Product; (b) with respect to all other orders (excluding orders
delivered to the account of Mykotronx), when Seller signs-off on a
commercial shipper accompanied by a Certificate of Conformance,
authorizing shipment of the Product, or (c) with respect to orders
delivered to the account of Mykotronx, when Seller signs off on a
Certificate of Conformance. Upon reasonable prior notice, during normal
business hours Mykotronx or its customers for the Product may inspect
the Product including testing thereof, at the Seller's Facility.
13. WARRANTY
A. Seller warrants to Buyer's customers that the Product it delivers
hereunder will be free from defects in material and workmanship at the
time of acceptance. This Warranty will terminate one (1) year after the
date of such acceptance. Notification of any such defect must be given
by Buyer to Seller within the Warranty Period. Seller's obligation
under this Warranty is limited to repairing or replacing any Product,
which is determined by Seller to be defective. Repair or replacement
will be accomplished at the Seller's Facility. Defective items returned
to Seller pursuant to this Warranty will be delivered to the Seller's
Facility, freight prepaid. Seller will return such items to Buyer or
its customer at Buyer's option, freight prepaid. Products replaced will
become the property of Seller.
B. This Warranty does not cover components that are expendable in
normal use and thus have an unpredictable service life, such as
batteries.
8
Buyer: ____
Seller:____
C. Products that have been repaired or replaced during the Warranty
Period are warranted for the remainder of the original Warranty Period.
If Seller does not find any defects in workmanship or material, or if
the Warranty period has expired, Seller's regular charges shall apply
and Buyer shall pay all such charges including transportation costs.
D. Seller is released from all obligations under its Warranty in the
event repairs or modifications are made by persons other than its own
authorized personnel unless such work is authorized in writing by
Seller.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED. SELLER'S
LIABILITY UNDER THIS WARRANTY IS EXPRESSLY LIMITED TO THE REPAIR OR
REPLACEMENT, AT ITS OPTION, OF ANY PRODUCT CONTAINING A DEFECT IN
MATERIAL OR WORKMANSHIP AT THE TIME OF DELIVERY. IN NO EVENT SHALL
SELLER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR OTHER DAMAGES RESULTING FROM DEFECTS IN MATERIAL OR
WORKMANSHIP IN THE PRODUCTS DELIVERED. THE SOLE REMEDY SHALL BE REPAIR
OR REPLACEMENT FOR ANY SUCH DEFECTS UNDER THE TERMS OF THIS WARRANTY.
X. XXXXXX PRESIDIO MODULE WARRANTY
As stated previously in Article 6.F of this Agreement the Presidio
Module shall be procured by Seller from Xxxxxx. The warranty for the
Presidio Module Units are incorporated herein and provided as an
attachment to this Agreement.
14. KEY PERSONNEL
A.Seller shall dedicate Key Personnel to the performance of Seller's
obligations hereunder. Any key personnel who, during the performance of
the contract, are assigned by the Seller to replace the personnel
identified by the Seller in Attachment A shall possess at least the
same qualifications and be capable of assuring satisfactory performance
of work required by this agreement.
B. All key personnel assigned to this agreement will require the
approval of the Mykotronx Program Manager. To obtain the Program
Manager's approval, the Seller shall submit data/resumes, which will
satisfactorily demonstrate that the individual has the experience
required to perform on this agreement. The Seller shall also specify
the position(s) the individual will support. The approval of the
Program Manager for Seller's key personnel assigned to this
Agreement shall not be unreasonably withheld.
15. SUPPORT SERVICES
Seller shall provide to Buyer at no cost office space, telephone
services and access to office equipment and supplies reasonably
necessary to support Buyer personnel at manufacturing site for the
purpose of understanding the manufacturing processes of the Product. In
addition, Buyer will have reasonable access to Seller's employees in
order to facilitate its understanding thereof provided that all of
Buyer's activities are subject to reasonable prior notice to Seller and
are to be conducted on a non-interference basis.
16. STATUS REPORTING
Seller shall provide production detail and status reports. These should
clearly define material delivery impacts on schedule by critical item
and get-well dates; master production schedule and
9
Buyer: ____
Seller:____
status; linearity reports; corrective action minutes or actions and
warranty return data by major defect category. It is anticipated that
these reports will be issued monthly.
Buyer will require a monthly Production Review at Seller's Facility. As
the contract matures, the review meeting frequency is anticipated to be
decreased.
17. FINANCIAL REPORTING
Seller shall provide Buyer with quarterly financial statements (i.e.
Income Statement and Balance Sheet) within 30 days of their
quarterly-end. Audited Financials shall be required as they become
available. In addition to the notification required in Article 9.b
Seller shall inform Buyer of any material internal/external actual,
changes which may cause major impact to Sellers business/financials
including but not limited to reorganization, acquisition/disposition,
merger, significant claims, litigation or contingencies to the extent
not prohibited by law or agreement.
18. PRODUCT DEFECTS OR RECALL
Seller, at its cost, shall be responsible for the correction of any
latent defects caused by the Seller's manufacturing process (excluding
latent defects caused by product design). Seller's cost shall be
limited to the labor, material and shipping expenses associated with
the repair of the product.
19 RELATIONSHIPS
Seller is an independent contractor engaged by Buyer in the manufacture
of Product. Nothing in the Agreement shall constitute Seller as an
employee, agent or general representative of Buyer. This Agreement
shall not constitute appointment of either Party as the legal
representative or agent of the other, nor shall either Party have the
right or authority to assume, create or incur any liability or any
obligation of any kind, express or implied, against, or in the name of,
or on behalf of the other party.
20. INSOLVENCY
Either Party may cancel this Agreement in the event of the suspension
of the other Party's business, insolvency of the other Party, the
institution of bankruptcy, reorganization, arrangement or liquidation
proceedings involving or affecting the other Party, or any assignment
for the benefit of creditors of the other Party, or receivership that
the other Party places itself in or may be placed in.
21. CHOICE OF LAW
This Agreement shall be governed, construed and enforced under the laws
of the State of California, excluding its conflict of law provisions.
22. RESOLUTION OF DISPUTES
In the event of a dispute relating to this Agreement, the Parties shall
make a good faith effort by assigning authorized representatives to
settle any differences without resorting to arbitration. If settlement
of the dispute is not possible either party may invoke arbitration.
However, the Party wishing to initiate arbitration shall give forty
(40) days prior notice to the other party. During this forty (40) day
period selected upper management personnel shall further attempt to
resolve the dispute. Any unresolved dispute arising out of or relating
to this Agreement, including its interpretation, validity, scope and
enforceability shall be resolved by arbitration to be held exclusively
in the City of Los Angeles, California. Such arbitration shall be the
Parties' exclusive remedy. The arbitration shall apply the law of the
State of California to the dispute, exclusive of its conflict of laws
and shall be concluded in accordance with the then existing
10
Buyer: ____
Seller:____
Commercial Arbitration Rules of the American Arbitration Association.
The arbitrator shall be empowered to assess compensatory damages except
in areas where this Agreement exempts any party from liability or
limits such damages. The judgment of the arbitrator shall be final and
binding on the Parties and any Party may enter the arbitration award as
a final judgment in a court of competent jurisdiction with power to
enforce the arbitration award. The Parties shall pay their own
arbitration expenses and shall equally share the arbitrator's costs and
fees and the arbitrator shall allocate such costs and fees equally
between the Parties as part of the award.
23. ASSIGNMENT
This Agreement may not be assigned without the prior written consent of
the other Party which consent shall not be unreasonably withheld by any
party, provided, however, that without any such consent;
A. Seller may assign any of its rights hereunder to any wholly owned
subsidiary of Seller or to any purchaser of substantially all of the
assets of the business unit to which the Product relates, and;
B. B. Buyer may assign any of its rights hereunder to any wholly owned
subsidiary of Rainbow or to any purchaser of substantially all of
the assets of Rainbow. In addition, Seller may assign to a bank or
lending institution any proceeds due under this Agreement without
the consent of Buyer.
24. COMMUNICATIONS AND NOTICE
Any notice or communication required under this Agreement shall be
given in writing to the following addresses and shall be deemed
received within three (3) business days after the date sent by first
class, registered or certified mail:
If to Seller:
Bulova Technologies, L.L.C.
000 Xxxxx Xxxxx Xxxxxx
Xxxxxxxxx, XX 00000-0000
Attn: Xxxxxxx Xxxxxxx
With copy to:
Bulova Technologies, L.L.C.
000 Xxxxx Xxxxx Xxxxxx
Xxxxxxxxx, XX 00000-0000
Attn: Xxxxxx Xxxxxxx, Bulova Program Manager
If to Buyer:
Mykotronx, Inc.
0000 Xxxxxx Xxxx Xxxxxxx, Xxxxx 000
Xxxxxxxx XX 00000
Attn: Xxxxxxxx X. Xxxxxxx, KIV-7 Contract Administrator
With copy to:
Mykotronx, Inc.
0000 Xxxxxx Xxxx Xxxxxxx, Xxxxx 000
Xxxxxxxx XX 00000
Attn: Xxxxx Xxxx, Mykotronx Program Manager
11
Buyer: ____
Seller:____
25. INDEMNIFICATION
A. BULOVA INDEMNIFICATION. Bulova represents and warrants that the
manufacturing processes employed in the assembly of Product do not
infringe on any patent, trademark, trade secret, copyright or other
proprietary right and that Seller is unaware of any claim of
infringement, either threatened or pending. Seller agrees to
indemnify, defend and hold Buyer harmless from and against any claim
for such infringement in the event that such a claim is filed. In the
event that any such process is found to so infringe, Seller shall, at
its option and sole expense, either make such process non-infringing
or shall procure the rights to continue to use such infringing
process. The foregoing remedies are the sole and exclusive remedies of
the Buyer in the event of an infringement. Buyer shall not be entitled
to recover from Seller any lost profits or any other consequential
damages suffered as a result of such infringement or alleged
infringement. It is agreed that Seller shall undertake the defense of
any such claim through counsel of its own choice and at its expense.
However, the provisions of this section shall not apply with respect
to any claim of patent, trademark, or copyright infringement made
solely with respect to the incorporation of specific components into
the Product at the express direction of Buyer including such
incorporations made in express compliance with Product Specifications.
B. All work to be performed by Seller is at Seller's risk. Seller shall
defend, indemnify, and hold harmless Buyer, its officers, employees and
agents from any claim, suit, loss, cost, damage, expense (including
attorney's fees), or liability by reason of property damage or personal
injury (including death) to any person, including Seller's employees,
of whatever nature arising out of as a result of, or in connection with
such performance occasioned in whole or in part by the actions or
omissions of Seller, its officers, employees, agents, Sellers, or
subcontractors at any tier. Seller and its Sellers and subcontractors
at any tier shall maintain public liability and property damage
insurance in prudent and reasonable limits covering the obligations set
forth and shall maintain, to in the limits required by law, proper
Workers Compensation and employer's liability insurance covering all
employees performing this Order.
C. MYKOTRONX INDEMNIFICATION. Mykotronx represents and warrants that
(i) it owns or has the legal right to use the designs and
specifications needed to manufacture Product and licensed to Seller
pursuant to Section 3 hereof, (ii) such designs and specifications do
not infringe on any patent, trademark, trade secret, copyright or
other proprietary right and (iii) Buyer is unaware of any claim of
infringement, either threatened or pending. Notwithstanding the
language in Section 24A. above. Buyer shall defend, indemnify and
hold Seller harmless against any claims or liabilities for, or by
reason of, any alleged infringement of any patent, trademark, trade
secret, copyright or other proprietary right caused by Seller's use
and reliance upon the Product Specifications in assembling the
Product or arising out of the incorporation of Product into another
good, Product or system which infringes upon any patent, trademark,
trade secret, copyright or other proprietary right. Buyer agrees that
it will indemnify and hold Seller harmless against and from any and
all claims, damages and liability suffered by Seller resulting, from
personal injury and/or property damage to third Parties, including
without limitation to Seller's employees. Buyer will also indemnify
Seller due to defects in the design of the Product, Product
Specifications or in any specific component incorporated into the
Product at the express direction of the Buyer, including any such
incorporation made in express compliance with Product Specifications.
12
Buyer: ____
Seller:____
26. PUBLIC RELEASE OF INFORMATION
Seller shall not, without the prior written consent of Buyer, make any
news release or public announcement concerning this Agreement or any
future Agreements. Seller shall extend this restriction to lower-tier
subcontractors involved in the performance of this Agreement or future
Agreement.
27. ORDER OF PRECEDENCE
Any inconsistency in a Purchase Order shall be resolved by giving
precedence in the following order: (a) Provisions or requirements
(including Quality Assurance excluding Terms and Conditions) shown on
the face of the Order; (b) Manufacturing Agreement; (c) Statement of
Work (excluding, specifications and drawings); (d) specifications; (e)
drawings; and (f) any other attachment or exhibit. Seller shall bring
to the immediate attention of Buyer any perceived conflicts or
ambiguities in the Purchase Order.
28. COMPLIANCE WITH LAWS
Seller agrees to comply with all applicable local, State, and Federal
laws and executive orders and regulations and agrees to defend,
indemnify and hold Buyer harmless against any loss, cost, damage,
expense (including attorney's fees), or liability by reason of Seller's
violation.
29. INDEPENDENT CONTRACTOR
It is expressly understood that the parties are, and shall remain at
all times, independent contractors.
30. GRATUITIES
Buyer may, by written notice to Seller, terminate this
Agreement/Purchase Orders for default if Buyer has reasonable cause to
believe that gratuities were offered or given by Seller, or any agent
or representative of Seller, to any officer, employee or customer of
Buyer with a view toward securing this Agreement, or securing favorable
treatment with respect this Agreement.
31. SELLER CONTACTS WITH BUYER'S CUSTOMER AND OTHER VENDORS
Buyer shall be responsible for all liaison and communications with
Buyer's customer and Buyer's other vendors. Seller shall not
communicate with Buyer's customer or Buyer's other vendors regarding
this Agreement unless authorized to do so by Buyer.
32. RELEASE OF LIENS
All materials or articles delivered and labor performed under this
Agreement shall be free of all liens and, if Buyer requests, a proper
release of all liens or satisfactory evidence of freedom from liens
shall be delivered to Buyer.
33. TAXES
The price of supplies/services procured under this Agreement includes
all applicable Federal, State, and local taxes and duties unless
otherwise stated in this Agreement.
34. INVOICES
Seller's itemized invoice shall be submitted to the Accounts Payable
Department, at the address shown on the face of the Purchase Order. The
invoice shall contain the Purchase Order number, Buyer Sales Order
number, description of supplies/services, part number, quantity, unit
price, and total price. Payment of invoices may be delayed pending
correction of any errors or
13
Buyer: ____
Seller:____
omissions. Each invoice or claim from Seller shall be deemed to include
a warranty by Seller that all amounts claimed by Seller are due and
proper.
35. PACKING, PACKAGING, AND MARKING
Seller shall be responsible for properly packing and packaging the
supplies in suitable containers for protection during shipment in
accordance with transportation regulations and good commercial
practice. No additional charge will be allowed for packing and
packaging unless specifically agreed to in writing; any transportation
charge paid by Seller for which Seller is entitled to reimbursement
shall be shown on Seller's invoice as a separate line item. Seller
shall label each package with the corresponding Purchase Order number.
Seller shall prepare an itemized packing list bearing the Purchase
Order number, Mykotronx Sales Order number, item description, part
number, and quantity shipped for each package. One copy of the packing
list shall be placed in the shipping container and one copy to X.
Xxxxxxx at address provided in Section 24.
36. PRICE WARRANTY
Seller warrants that the prices for the articles/services sold to Buyer
under this Agreement are no less favorable than those currently
extended to any other customer buying the same or like articles in
approximately equal or smaller quantities. If during the term of this
Agreement, Seller reduces its prices, the Agreement prices shall be
correspondingly reduced.
37. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION
Seller certifies that the prices proposed in this Agreement have been
arrived at independently, without, for the purpose of restricting
competition, consultation, communication, or agreement with any other
offeror or competitor, and that Seller has not and will not knowingly
disclose the prices, directly or indirectly, to any other offeror
before award.
38. WORK ON BUYER'S OR BUYER'S CUSTOMER'S PREMISES
If this order requires Seller to perform work on Buyer's or Buyer's
customer's premises, Seller shall take all necessary precautions to
prevent any injury to persons or damage to property during the progress
of such work.
39. TITLE AND RISK OF LOSS
Title to supplies furnished under this Agreement shall pass to Buyer
upon formal acceptance, regardless of when or where Buyer takes
physical possession, unless this Agreement Order specifically provides
for earlier passage title. When this Agreement specifies that the
designated delivery point is F.O.B. carrier, Seller's plant, risk of
loss shall pass to Buyer upon delivery of items to the common carrier
by Seller properly addressed, labeled and consigned. When this
Agreement specifies that the designated delivery point is F.O.B.
destination, risk of loss shall remain with Seller until delivery of
items to Buyer. Seller shall bear all risks of loss as to properly
rejected supplies by Buyer upon shipment to Seller.
40. RESPONSIBILITY FOR BUYER OWNED PROPERTY
A. All property, including data, drawings, material, tooling and
equipment, furnished to Seller by Buyer hereunder, shall be used only
in the performance of this Agreement, and shall remain the property of
Buyer. Title to such property shall not be affected by incorporation in
or attachment to any other property.
14
Buyer: ____
Seller:____
B. Unless otherwise instructed by Buyer, all Buyer furnished property
that is not incorporated into supplies delivered or otherwise consumed
shall be returned to Buyer upon this Agreements completion. Property
returned shall be in the same condition as received, allowing for
reasonable wear and tear. This would include required periodic
calibration of supplied tooling or equipment used in production. Seller
shall bear the risk of loss or destruction of and damage to property
covered by this clause until delivered or returned to Buyer or Buyer's
customer.
C. Buyer shall have the right to enter Seller's premises at all
reasonable times to inspect its property and Seller's related records.
D. If Buyer furnishes under this Agreement Government-owned property,
the special terms and conditions (Federal Acquisition Regulation and
Department of Defense Federal Acquisition Regulation Supplement
clauses) relating to Government-owned property, special tooling,
special test equipment, and reporting shall apply in lieu of this
clause.
41. STOP WORK ORDER
A. Buyer may, at any time, by written notice to Seller, stop all or any
part of work under this Purchase Order for up to ninety (90) days. Upon
receiving a stop-work order, Seller shall immediately comply with its
terms and take all reasonable steps to avoid incurring any additional
cost allocable to such work. Within ninety (90) days after the
effective date of the stop-work order, Buyer shall either cancel the
stop-work order or terminate the work covered by the stop-work order.
If a stop work is canceled, Seller shall immediately resume work.
B. Buyer shall make an equitable adjustment in the Purchase Order
delivery schedule and/or price if the stop-work order results in an
increase in time or cost for performance. Seller must assert a claim
for equitable adjustment under this clause within thirty (30) days
after the end of the work stoppage.
42. WAIVER
Failure of Buyer to insist on performance of any provision of this
Agreement shall not be construed as a waiver of that provision or a
waiver of Buyer's or Seller's right to require compliance with such
provision in the future. If any provision of this Agreement is found to
be illegal or unenforceable under law, that provision shall be deleted;
however, all other provisions in this Agreement shall not be affected
thereby, and shall remain in full force and effect.
43. FAILURE TO COMPLY
If Seller fails to comply with any of the Purchase Order/ Agreement
requirements, Buyer may exercise its option to terminate the Purchase
Order/Agreement for default or invoke applicable warranties for
nonconformance. In lieu of this, however, Buyer may waive the Seller
deficiency and in return, Seller agrees to negotiate an equitable
reduction in the Order price.
44. TERMINATION FOR CONVENIENCE
A. Buyer reserves the right to terminate any Purchase Order, in whole
or in part, for its sole convenience. In the event of such written
notice of termination, Seller shall immediately stop all work
hereunder and shall immediately cause all of its Sellers and
subcontractors to cease work. Buyer shall have the right at its
option to require the Seller to transfer title to and deliver as
Buyer may direct, any completed or partially completed supplies and
any materials acquired for the performance of the Purchase Order. In
such case, Buyer shall pay Seller the Purchase Order price
associated with the accepted completed supplies so transferred and
delivered; the price of partially completed supplies or
manufacturing materials so transferred and delivered shall be at
Seller's cost plus 10%.
15
Buyer: ____
Seller:____
B. Seller shall provide Buyer any supporting information necessary to
document the reasonableness of Seller's termination for convenience
claim.
C. Seller shall not be paid for any work or costs incurred which
reasonably could have been avoided.
D. Seller shall complete performance of the work not terminated.
E. If the termination involves only services, Buyer shall be obligated
to pay only for services performed before the termination date.
F. Notice of termination shall be in accordance with Clause 1 of this
Agreement.
G. If Buyer terminates any Purchase Order for convenience as a result
of a termination for convenience issued by the Government, the special
term and condition (Federal Acquisition Regulation clause) relating to
termination for convenience shall apply in lieu of this clause.
45 TERMINATION FOR DEFAULT
A. Buyer may, without liability and in addition to any other rights or
remedies provided herein or by law, terminate any Purchase Order in
whole or in part by written notice of default if Seller: (a) fails to
deliver the supplies or perform the services within the time specified;
(b) fails to make sufficient progress with the work, thereby
endangering completion of performance within the time specified; or (c)
fails to comply with any other Purchase Order provision. Buyer's right
to terminate for default may be exercised if Seller does not cure the
failure in accordance with Clauses 10 and 43 of this Agreement.
B. In the event of such termination, Buyer shall have the right at its
option to require the Seller to transfer title to and deliver as
Buyer may direct, any completed or partially completed supplies and
any materials acquired for the performance of this Agreement. In
such case, Buyer shall pay Seller the Purchase Order price
associated with the accepted completed supplies so transferred and
delivered; the price of partially completed supplies or
manufacturing materials so transferred and delivered shall be that
agreed to by both parties. Seller shall provide Buyer any supporting
information necessary to document the reasonableness of Seller's
termination for default claim.
C. If Buyer terminates this Agreement in whole or in part, Seller shall
be liable to Buyer for any reasonable cover costs incurred by Buyer in
re-procuring Product which was terminated. "Reasonable cover costs"
shall include all direct costs incurred by Buyer to procure the
Products from another supplier, including the cost of stencils and test
fixtures, including all other non-recurring expenses. Seller shall also
be responsible for any indirect costs incurred by Buyer in the event
this Agreement is terminated in whole or in part. Seller shall not be
liable for any additional costs if failure to perform arises from
causes beyond Seller's or Seller's subcontractors' control and with no
fault or negligence of either of them; provided, however, that the
supplies/services to be furnished by Seller's subcontractor (at any
tier) were not obtainable from others in time for Seller to meet
Purchase Order deliveries or other performance requirements. Seller's
liability under this Article shall be limited to five-hundred thousand
dollars ($500,000).
D. Buyer may withhold from any payments due Seller any sum necessary to
protect Buyer against any liability or expenses due to the
termination for default.
E. In the event of a partial termination, Seller shall continue the
work not terminated.
F. The rights and remedies of Buyer provided by this clause shall not
be exclusive and are in addition to any rights and remedies provided by
law or this Agreement.
16
Buyer: ____
Seller:____
46. BUYER'S PROPERTY AND INFORMATION
A. Seller shall not reproduce, use or disclose any data (such as
drawings or specifications), designs, or other information, belonging
to or supplied by or on behalf of Buyer except as necessary in the
performance of this Agreement. Unless otherwise directed, such data,
designs, or other information, and any copies, shall be returned to
Buyer upon completion of this Agreement. Where Buyer's data, designs
drawings or other information is furnished to Seller's Sellers for use
in the performance of this Agreement, Seller shall insert the substance
of this clause in its purchase orders.
B.Seller shall not at any time, even after expiration or termination of
this Agreement, use or disclose to any person for any purpose, other
than to perform this Agreement, any information it receives from Buyer
in accordance with the provisions of the Mykotronx, Inc.
47. INFORMATION DISCLOSED AND/OR DELIVERED TO BUYER
Any information disclosed or delivered by Seller under this Agreement
shall not be deemed confidential or proprietary unless expressly agreed
upon by the parties in writing. If this Agreement requires delivery of
technical data, software, or other information that will, in turn, be
furnished under a Government prime contract or subcontract, the special
terms and conditions (Federal Acquisition Regulation and Department of
Defense Federal Acquisition Regulation Supplement clauses) relating to
technical data, software, or other information will apply.
48. AMENDMENTS
No modification, termination, extension, or renewal of any provision of
this Agreement shall be binding upon either party unless made in
writing and signed by an authorized representative of each of the
Parties.
49. WAIVER
No waiver of any breach of any provision of this Agreement shall
constitute a waiver of any prior, concurrent or subsequent breach of
the same or any other provisions hereof. Nor shall it constitute a
course of dealing and no waiver shall be effective unless made in
writing.
50. CONFIDENTIAL AND PROPRIETARY INFORMATION
A. Neither party shall use or disclose to a third party any
confidential or proprietary information of the other party which has
been disclosed to it in connection with this Agreement including,
without limitation, designs, plans, methods, processes or
specifications, provided however, that Seller has the right to furnish
confidential information of Buyer to third Parties if it is needed by
such Parties in order to make parts for the Product, and provided
further that the third Parties first agree in writing to hold such
information in confidence and use it for the purpose of making such
parts; provided, however, neither party will be liable for disclosure
or use of such information if the same is:
(1) in the public domain at the time of disclosure, or is
subsequently made available to the general public without
restriction by the disclosing party;
(2) known to receiving party at the time of disclosure
without restrictions on its use or is independently
developed by the receiving party; and there is adequate
documentation to demonstrate either condition.
(3) used or disclosed with the prior written approval of the
disclosing party;
17
Buyer: ____
Seller:____
(4) becomes known to the receiving Party from a third party
who had a lawful right to discloses and without breach of
this Agreement.
B. Each party shall protect the Confidential or Proprietary Information
of the other party using the same degree of care, but no less than a
reasonable degree of care, to prevent the unauthorized use,
dissemination or publication of such information as that party uses to
protect its own Confidential or Proprietary Information.
C. The parties hereto agreed to employ reasonable efforts to keep in
confidence and prevent the disclosure to any person(s) outside their
respective organization or any person(s) within their organizations not
having a need to know, all information received from the other which is
designated in writing and appropriate stamp or legend to be of a
confidential or proprietary nature and will not use such information
for purposes other than the purpose stated in paragraph A above.
D. In the event any governmental or judicial order requires the
disclosure of Confidential or Proprietary information the recipient of
such information shall promptly but in any event prior to such
disclosure notify the originator of the Confidential or Proprietary
Information of the requirements and provide reasonable aid and
assistance if the originator decides to oppose such governmental or
judicial order.
E. Prior to disclosure of Confidential or Proprietary Information to
any employee, each party shall fully advise such employee that he or
she is required to hold in confidence all information and that such
information is not be to disclosed to persons outside his or her
organization or to any co-employee not directly concerned with
furthering the Purpose of this Agreement. The parties shall maintain
between themselves and their officers, employees and consultants duly
binding agreements by such persons as may be necessary to fulfill their
obligations under this Agreement.
F. This Article merges all prior discussions and is the entire
understanding and agreement of the parties relating to the protection
of Confidential and Proprietary Information; neither party shall be
bound by any additional or other representation, condition or promise
except as subsequently set forth in a writing signed by the party to be
bound.
G. Buyer's Confidential and Proprietary information and all copies
thereof shall be returned to Buyer upon termination of this Agreement
or upon Buyer's written request. This Article shall survive termination
of this Agreement.
51. ENTIRE AGREEMENT
This Agreement and its attachments constitute the entire agreement
between the Parties regarding the contemplated transactions and
supersede all prior agreements and understandings between the Parties
relating thereto.
18
Buyer: ____
Seller:____
IN WITNESS WHEREOF the Parties have caused this Manufacturing Agreement to be
executed as of the Effective Date.
BULOVA TECHNOLOGIES, L.L.C. MYKOTRONX, INC.
By:____________________________ By:_______________________________
Print Name: Xxxxxxx Xxxxxxx Print Name: Xxxxxxxx X. Xxxxxxx
Title: COO/CFO Title: KIV-7 Contract Administrator
19
Buyer: ____
Seller:____
ATTACHMENT A
KEY PERSONNEL
PROGRAM MANAGER XXXXXX XXXXXXX
CONTRACTS MANAGER/ADMIN. XXXXXXX XXXXXXX
FACILITY SECURITY OFFICER XXXXXXX XXXXXXX
COMSEC CUSTODIAN XXXXXXX XXXXXXX
XXXXX XXXXXXX
TEST ENGINEER XXXX XXXXXXX
PARTS PLANNER XXXX XXXXX
20
Buyer: ____
Seller:____
ATTACHMENT B
PRICING SCHEDULE
10/23/03 PROPOSAL
BULOVA
SALE
LABOR PRESIDIO MATERIAL PRICE
------------------------------------------------------
302.14 800.00 1,937.86 2,240.00
302.14 825.00 1,975.70 2,277.84
302.14 850.00 2,013.46 2,315.60
302.14 900.00 2,089.00 2,391.14
302.14 925.00 2,126.77 2,428.91
302.14 955.00 2,172.09 2,474.23
302.14 975.00 2,202.31 2,504.45
302.14 1,000.00 2,240.08 2,542.22
302.14 1,025.00 2,277.85 2,579.99
302.14 1,050.00 2,315.61 2,617.75
302.14 1,100.00 2,391.15 2,693.29
302.14 1,125.00 2,428.93 2,731.07
302.14 1,150.00 2,466.69 2,768.83
Bulova
Proposal
Part No. Part Description 9/23/03
-----------------------------------------------------
4061244-0701 Lithium Battery $5.13
4065536-0701 Crypto Ignition Key $8.54
4065537-0501 DTE RS-232 Cable $42.33
4065538-0501 DCE RS-232 Cable $40.68
4065539-0701 120 AC Power Conv $27.83
4065539-0702 220 AC Power Conv $24.68
4070531-0501 DTE RS-449 Cable $52.46
4070532-0501 DCE RS-449 Cable $52.46
4074249-0501 DTE EIA-530 Cable $43.69
4074250-0501 DCE EIA-530 Cable $43.69
4074281-0501 DTE RS-449 Cable $51.07
21
Buyer: ____
Seller:____
ATTACHMENT C
PRICED XXXX OF MATERIAL
FOR KIV-HSB
22
Buyer: ____
Seller:____
MYKOTRONX
BD39155
FOLLOW-ON CONTRACT-RE-BID
QTY PER
COMPONENT DESCRIPTION ASSLY S/UNIT
------------ ------------------------------ ------ -----------
4044525-0703 ADHV,SEALANT SILCONE , 3145 RT 0.0090 $ 0.4603
4046041-0001 DAMPER, SHIMMY 0.125 THK 1 $ 0.4060
404810 ADHV,PRIMER N LOCTITE 7649 0.0002 $ 0.0016
404840 SCRW,PHMS 4-40 X .250 SS 5 $ 0.0500
000000 XXXX,XXXX 0.125X0.25. 022SS 1 $ 0.0060
404870 SCRW,PFM 4-40 X .250SS 2 $ 0.0180
404880 SCRW,PFM 4-40X.312SS 7 $ 0.0630
404890 SCRW,PHMS,4-40 X.188,SS 36 $ 0.2880
404900 SCRW,PHMS,4-40X.312,SS 3 $ 0.0300
404910 SCRW,PHMS 2.56 X.312 SS 2 $ 0.0200
404920 ASSY,BATTERY CONNECTOR 1 $ 0.9200
404940 LABL,25x 75VINYL,WHITE 3 $ 0.0142
4061227-0001 SHIELD,POWER 1 $ 1.0200
4061228-0001 SHIELD,RF 1 $ 3.7200
4061229-0001 XXXXX,XXXXXXXXXX XXXXX 0 $ 9.2000
4061232-0701 CON, RECEPTACLE, 1 $ 1.2800
4061233-0701 KEYCEPTACLE 1 $ 19.7500
4061235-0001 COVER,PLATE,FILL 1 $ 0.3900
4061236-0001 LENS, DISPLAY 1 $ 1.1000
4061240-0701 SCRW LOCK, CONNECTOR FEMALE 8 $ 3.2360
4061241-0001 BATTERY COVER 1 $ 3.9200
4061244-0701 BAT,LITH THIONYL CHLORIDE 1 $ 3.4600
4061254-0701 CON, 9-PIN D-PLUG FILTER 1 $ 19.1300
4061257-0701 IC, SWITCH REGULATOR 2 $ 5.6000
4061258-0701 XFR,FLYBACK CONVERTER 2 $ 3.4600
4061264-0701 MOSFET,POWER 5 $ 0.0930
4061265-0701 CAP, MULTI-LAYER CERAMIC 1 $ 0.0950
4061266-0702 CAP, TANTALUM 1 $ 1.6700
4061269-0001 FLEX CIRCUIT, FRONT PANEL 1 $ 9.7500
4063850-0702 CAP, CERAMIC CHIP,120PF 30 $ 0.1740
4063850-0705 CAP, CERAMIC CHIP,220PF 2 $ 0.0142
4063850-0713 CAP, CERAMIC CHIP,1000PF 1 $ 0.0063
4063850-0716 CAP, XXXXXXX XX0X,0000XX 4 $ 0.0228
4063850-0724 CAP, CERAMIC CHIP,8200PF 1 $ 0.0058
4063850-0725 CAP, CERAMIC CHIP,010 UF 18 $ 0.1350
4063850-0726 CAP, CERAMIC CHIP,012UF 4 $ 0.0276
4063851-0713 CAP,CER,CHIP,01UF,24V, 2 $ 0.0220
4063851-0725 CAP, CERAMIC CHIP 100UF 91 $ 0.7280
4063852-0705 CAP. TANTALUM CHIP,3.3UF,16V 7 $ 0.3430
4063852-0706 XXX, XXXXXXXX XXXX,00XX,00X 2 $ 0.0960
4063852-0710 CAP ,TANTALUM CHIP,1.UF,35V 1 $ 0.0480
4063853-0701 DIO,CHIP LL4150-7 27 $ 0.3078
4063854-0701 SEMICONDUCTOR,DIO, SURF MOUNT 1 $ 0.0150
4063855-0701 SEMICONDUCTOR, DIO, SCHOTTKY 5 $ 9.4750
23
Buyer:_______
Seller:______
4063856-0716 INDUCTOR,4.7UH,70MA 1 $ 0.0788
4063856-0734 INDUCTOR,150UH,20MA 2 $ 0.1576
4063856-0742 INDUCTOR,10UH,300MA 12 $ 0.6120
4063857-0701 INDUCTOR,100UH 2 $ 18.5000
4063858-0701 TRANSDUCER, AUDIO 1 $ 0.6000
4063859-0701 CON, RA 50 POSITION 2 $ 5.6800
4063861-0701 CON, 9-PIN D-RECEPTACLE FILTER 1 $ 18.2500
4063862-0702 CON, PLUG, PIN CONTACTS 1 $ 18.2500
4063863-0701 TRN, PNP LOW PWR SIL XX XXXXXX 2 $ 0.0188
4063864-0701 TRN, PNP LOW PWR SIL XX XXXXXX 4 $ 0.0280
4063865-0701 RESISTOR, CHIP,100 OHM 7 $ 0.0133
4063865-0702 RES, CHIP,180 OHM 2 $ 0.0038
4063865-0703 RES, CHIP,270 OHM 1 $ 0.0019
4063865-0704 RES, CHIP,430 OHM 2 $ 0.0060
4063865-0705 RES, CHIP,470 OHM 5 $ 0.0095
4063865-0710 RES, CHIP,1000OHM 11 $ 0.0209
4063865-0711 RES, CHIP,1200OHM 1 $ 0.0019
4063865-0712 RES, CHIP,1500 OHM 4 $ 0.0076
4063865-0713 RES, CHIP,1800 OHM 5 $ 0.0095
4063865-0714 RES, CHIP,3300 OHM 2 $ 0.0060
4063865-0715 RES. CHIP, 2000 OHM 2 $ 0.0038
4063865-0716 RES, CHIP, 6200 OHM 1 $ 0.0030
4063865-0717 RES, CHIP,6800 OHMS 22 $ 0.0418
4063865-0718 RES, CHIP, 2490 OHM 2 $ 0.0038
4063865-0719 RES, CHIP, 4700 OHM 1 $ 0.0019
4063865-0720 RES, CHIP ,10K OHM 12 $ 0.0228
4063865-0722 RES, CHIP,13K OHM 2 $ 0.0038
4063865-0727 RES, CHIP, 75K OHM 1 $ 0.0019
4063865-0730 RES, CHIP, 100 KOHM 40 $ 0.0760
4063865-0734 RES, CHIP,390 KOHM 2 $ 0.0038
4063865-0735 RES, CHIP, 470 KOHM 4 $ 0.0080
4063865-0736 RES, CHIP, 560 KOHM 2 $ 0.0040
4063865-0737 RES, CHIP, 620 KOHM 2 $ 0.0040
4063865-0740 RES, CHIP,1.0M OHM 8 $ 0.0152
4063865-0750 RES, CHIP,68 OHMS 2 $ 0.0040
4063865-0751 RES, CHIP,120 OHM 1 $ 0.0019
4063865-0752 RES, CHIP,150 OHM 12 $ 0.0228
4063865-0753 RES, CHIP,330 OHM 1 $ 0.0019
4063865-0754 RES, CHIP,390 OHM 1 $ 0.0019
4063865-0757 RES, CHIP,28K OHM 20 $ 0.0380
4063865-0766 RES, CHP, 93.1 KOHM 1 $ 0.0020
4063865-0767 RES, CHIP, 162 KOHM 1 $ 0.0019
4063866-0701 SWT SPDT 1 $ 4.6200
4063866-0702 ACTUATOR, LEVER 1 $ 1.7800
4063868-0701 IC, HIGHSPEED CMOS HEX INVERTE 3 $ 0.1140
4063870-0701 IC, QUAD 2-INPUT POS NOR GATES 1 $ 0.0380
4063871-0701 IC, MICROCONTROLLER 2 $ 9.4800
4063873-0701 IC, OCTAL BFFRS & LINE DRVRS 2 $ 0.1060
4063874-0701 IC, QUAD 2-IN POS - OR GATES 2 $ 0.0750
4063875-0701 IC, OCTAL D-TYPE TRNSPRNT LATC 1 $ 0.0530
4063876-0701 IC, OCTAL BUS TRNCVRS,3 STATE 2 $ 0.1060
4063878-0701 IC, 8K X 8 CMOS RAM 1 $ 1.1900
24
Buyer:_______
Seller:______
4063879-0701 IC, 64 K EEPROM 1 $ 1.5000
4063881-0701 IC, PROGRMBLE PERIPH INTERFACE 1 $ 2.0700
4063884-0701 IC, QUAD 2-INPUT POS. NAND GAT 2 $ 0.0750
4063885-0701 RLY, SLD STATE (8 PIN GULLWING 1 $ 2.5100
4063886-0701 IC, TRANSCEIVER 2 $ 1.5000
4063887-0701 IC, HEX XXXXXXX TRIG. INV 1 $ 0.0380
4063888-0702 IC, 8-BIT SHIFT RGSTR, O/P RGS 2 $ 0.2070
0000000-0701 IC, LINE DRIVER 6 $ 12.6000
0000000-0701 IC, QUAD DIFF LINE DRIVER (TTL 3 $ 1.0200
0000000-0701 IC, OP AMP 2 $ 0.0720
4063896-0701 CON, VERT HEADER, SURF MOUNT 2 $ 4.5000
4063897-0729 CAP,.22UF,25V SURF MOUNT CERAM 2 $ 0.1000
4063899-0711 CAP,22UF,16V SURF MOUNT TANT 4 $ 0.5040
4063900-0701 LED (RED) 2 $ 0.4700
4063901-0701 KEY SWITCH W/LED 2 $ 3.5600
4063901-0702 KEY SWITCH W/LED 2 $ 3.5600
4063902-0701 SWT, PUSH BUTTON 4 $ 1.4000
4063903-0701 DISPLAY, 8-DIGIT, LED 1 $ 11.6700
4063904-0701 RES,39M SURFACE MOUNT FILM 4 $ 2.0120
4063905-0719 CAP,39PF SURFACE MOUNT 2 $ 0.0234
4063906-0701 JUMPER 4 $ 0.1640
4063907-0701 I.C.C. QUAD BUFFERS 1 $ 0.0450
4063908-0701 TERM, 3 POSITION 4 $ 0.1400
4063909-0702 FUSE, SUBMINIATURE 1 $ 0.1450
4063910-0701 CON, 50 PIN 2 $ 2.9240
4063911-0702 IC, DPST ANALOG SWITCH 1 $ 0.7300
4063912-0702 IC, SPDT ANALOG SWITCH 1 $ 0.5000
4063913-0701 IND, POWER 1 $ 9.1000
4063917-0701 IC, QUAD BUFFERS 1 $ 0.0790
4063919-0701 SHIPPING CONTAINER 1 $ 0.7200
4063926-0001 PWB FRONT PANEL 1 $ 0.6100
4063934-0701 IC, OCTAL BUFFER 2 $ 0.1060
4065536-0701 CRYPTO IGNITION KEY 1 $ 5.8000
4065543-0701 RAIL MOUNTING PAIR 1 $ 0.5400
4065564-0701 IC, DUAL 0/U VOLTAGE DETECTOR 1 $ 0.7500
4065567-0701 CON, RIGHT ANGLE 37 PIN 1 $ 8.8000
4065569-0701 SOCKET SIP 14 POSITION 2 $ 0.5520
4067250-0501 CABLE ASSY FLEXIBLE 1 $ 4.5500
4067250-0502 CABLE ASSY FLEXIBLE 1 $ 4.9400
4067258-0701 IC, OCTAL BUFFER 1 $ 0.0910
4067259-0701 CRY, SURF MOUNT 1 $ 4.4200
4067260-0001 PWB INTRFACE CNVRSN MOD (U-AVM 1 $ 0.4800
4067262-0701 IC, SERIAL COMM CONTROLLER 1 $ 3.1500
4067263-0701 MICROCIRC CMOS 8-BIT MICROCNTR 1 $ 3.5761
4067264-0004 LABEL, MARKING (4067375-0501) 1 $ 0.0770
4067264-0014 LABEL,MARKING (ON674710-0801) 1 $ 0.0770
4067264-0015 LABEL, MARKING (ON674711-0801) 1 $ 0.0770
4067266-0701 CON, INTERCONNECT STRIP 2 $ 1.2800
4067267-0701 IC, DUAL 4-STAGE COUNTER 1 $ 0.1000
4067289-0701 FOAM PACKAGE KIV-7HSB (BOTTOM) 1 $ 2.0600
4067289-0702 FOAM PACKAGE KIV-7HSB (TOP) 1 $ 0.6700
4067292-0001 BRACKET, MOUNTING CIK SWITCH 1 $ 1.9500
25
Buyer:______
Seller:_____
4067332-0001 CHASSIS, DIE CASTING 1 $ 32.6200
4067333-0001 BOTTOM COVER DIE CASTING ASSY 1 $ 19.5500
4067334-0003 PANEL, FRONT DIE CASTING 1 $ 13.9200
4067335-0701 CON, HEADER 1 $ 0.6400
4067337-0701 CON, 50 PIN CUSTOM 1 $ 3.3300
4067338-0702 RES, DIP SOIC 14 PIN 1 $ 0.1720
4067345-0701 XXX, XXXXXX XXXXXXXXX 0 $ 0.2184
4067346-0701 BAG, POLYETHYLENE 1 $ 0.0270
4074891-0701 INDUCT, PWR, AXIAL LEADED 1 $ 0.9500
4075774-0701 MICROCIRC QUAD DIFF LINE RECVR 4 $ 0,9200
4075775-0802 DTE CNTRLR PROGRAMMED ASSY 1 $ 19.7000
4075782-0001 PLATE 1 $ 7.0000
4075797-0701 OSCILLATOR, HYBRID CLOCK 1 $ 19.0000
4075803-0001 PWB SYSTEM CONTROLLER i $ 15.7500
4075804-0001 PWB,SYSTEM CONTROLLER 1 $ 15.7500
4077216-0705 CAP, TANT, CHIP, LOW ESR 6 $ 2.5440
4077216-0708 CAP, TANT,CHIP, LOW ESR 4 $ 1.0640
4090501-0201 USER MANUAL KIV-7HSB 1 $ 1.7500
4090510-0701 CARTON, FOLDING 1 $ 0.8900
4090512-0701 LABEL. SET KIV-7HSB 1 $ 0.3300
4090515-0701 IC,POWER MONITOR 9 $ 7.3860
4090518-0701 BATTERY, INSTL/REPLC LABEL 1 $ 0.1100
MS16535-63N RIVET, TUBULAR 1 $ 0.0510
ON 190164 SPRING, CONTACT 1 $ 0.7100
0N190165 SPACER, CONTACT 1 $ 0.1350
ON241775 -2 CON,RCPT,AUDIO 6 CONTACT 1 $ 9.4000
ON278503 -1 CONTACT, SPRING 0208033400 1 $ 1.4100
OM278503-2 CONTACT, SPRING 0208033500 1 $ 1.3500
ON278504 SUPPORT, BACK 1 $ 0.3100
ON278507-1 TERMINAL, INSULATED 2 $ 0.9000
ON278553 SUPPORT, BACK 1 $ 0.3100
ON655710-0702 PRESIDIO E-HQH 1 $ 800.0000
ON674712-0801 EPROM, PROGRAMMED ASSY 1 $ 0.6900
ON674713-0801 DCE, CNTRLR, FPGA 1 PRGRMD ASS 1 $ 40.2500
ON674714-0801 DCE, CNTRLR, FPGA 2 PRGRMO ASS 1 $ 19.7000
4090516-0701 HEADER, RIGHT ANGLE 1 $ 0.1200
4067272-0701 LABEL, WARNING 1 $ 0.2500
4067275-0801 SCREW, CAPTIVE 1 $ 0.7500
ADVH-0008 ADVH, Loctite 242 0.0100 $ 0.1984
4067342-0201 Paint Specification, KIV 7 0.0010 $ 0.0620
090022 Tape, Gummed, 3" Wide (TY 1. CL 2) 1 $ 0.0170
PACK-0034 PACK, BOX 20X13X4 COR 200 A/R $ 0.0744
PACK-0035 PACK, BOX 20X13X8 COR 200 A/R $ 0.0776
PACK-0036 PACK, BOX 20X26X8 COR 200 A/R $ 0.0955
PACK-0037 PACK,BOX, 13.75x17.5x20.COR 201 A/R $ 0.0843
PACK-0038 XXXX.XXX,17,5x27 5x20.COR 275 A/R $ 0.0981
4067264-0019 label 0.0086 $ 0.0007
4067264-0020 label 0.0086 $ 0.0007
4067264 0021 label 0.0086 $ 0.0007
4075789-0701 Microcircuit, EPROM 0.0086 $ 0.0086
Tempest Test Secure Systems test 0.0086 $ 13.2171
------------
Totals $ 1,343.1442
============
26
Buyer:_________
Seller:________
ATTACHMENT X
XXXXXX PRESIDIO WARRANTY
Xxxxxx warrants new equipment manufactured by Xxxxxx against defects in material
or workmanship at the time of delivery for a period of twelve (12) months from
the date of shipment, provided Mykotronx gives Xxxxxx prompt written notice.
Other manufacturer's equipment, if any, including electron tubes shall carry
only such manufacturer's standard warranty.
Xxxxxx'x sole responsibility with respect to any equipment or parts is, at its
option, (a) to repair or replace such equipment or parts upon the return FOB
Xxxxxx'x factory within the stated warranty period, or (b) to accept the return
FOB Mykotronx's point of installation, whereupon Xxxxxx shall (1) issue a credit
to Mykotronx's account in an amount equal to an equitable portion of the total
Delivery order price, without interest, or (b) if the total Delivery order price
has been paid, refund to Mykotronx an equitable portion, without interest.
Xxxxxx assumes no responsibility for design characteristics of special equipment
manufactured to specifications supplied by or on behalf of Purchaser.
Xxxxxx shall not be liable for any expense whether for repairs, material,
service or otherwise, incurred by Mykotronx or modification made by Mykotronx to
the equipment without prior written consent of Xxxxxx.
EXCEPT AS SET FORTH HEREIN, AND EXECEPT AS TO TITLE, THERE ARE NO WARRANTIES OR
ANY AFFIRMATIONS OF ACT OR PROMISES BY SELLER WITH REFERENCE TO THE EQUIPMENT OR
TO MERCHANTABILITY, FITNESS FOR PURPOSE, INFRINGEMENT, OPERATIONAL EFFICIENT,
AND COMMUNICATIONS RANGE OR OTHERWISE, WHICH EXTEND BEYOND THE DECRIPTION OF THE
EQUIPMENT ON THE FACE HEREOF.
In no event shall Xxxxxx be liable for any special or consequential damages
including, but not limited to, loss of anticipated profits or revenue, cost of
substitutive equipment, downtime costs, facilities or services, or claims of
customers of Mykotronx.
27
Buyer: ____
Seller:____
ATTACHMENT E
KIV-7HSB SPECIFICATIONS & DRAWINGS
(UNDER SEPARATE COVER)
CIIN PRODUCT SIZE DRAWING NO. DESCRIPTION ECR# REV. DATE REL.
------------------------------------------------------------------------------------------------------------
KI106 KIV-7HSB B 4044525 ADHESIVE-SEALANT SILICONE, RTV G 9/15/2001
KI106 KIV-7HSB A 4046041 DAMPER, SHIMMY C 9/4/2001
KI106 KIV-7HSB A 4061227 SHIELD, POWER C 9/18/2001
KI106 KIV-7HSB B 4061228 SHIELD, RF A 9/15/2001
KI106 KIV-7HSB B 4061229 BLOCK, CONNECTOR MOUNTING E 2/25/2003
KI106 KIV-7HSB A 4061232 CONNECTOR, RECEPTACLE B 11/15/2001
KI106 KIV-7HSB A 4061233 KEYCEPTACLE B 11/26/2001
KI106 KIV-7HSB A 4061235 COVER PLATE, FILL A 8/15/2001
KI106 KIV-7HSB B 4061236 LENS, DISPLAY A 8/17/2001
KI106 KIV-7HSB B 4061237 ELECTRONIC ASSY-FRONT PANEL E 8/8/2001
KI106 KIV-7HSB B 4061238 BOTTOM COVER ASSEMBLY D 7/2/2001
KI106 KIV-7HSB A 4061240 SCREW LOCK, CONNECTOR FEMALE A 9/19/2001
KI106 KIV-7HSB A 4061241 COVER, BATTERY B 6/19/2001
KI106 KIV-7HSB A 4061243 CONNECTOR, BATTERY A 9/25/2001
KI106 KIV-7HSB A 4061244 BATTERY, LITHIUM THIONYL CHLORIDE, B 9/26/2001
3.5 V
KI106 KIV-7HSB A 4061249 TERMINAL, BATTERY A 9/25/2001
KI106 KIV-7HSB A 4061252 SOCKET, PLCC 44 POSITION - 6/19/1992
KI106 KIV-7HSB A 4061254 CONNECTOR 9-PIN D-PLUG FILTER E 11/15/2001
KI106 KIV-7HSB A 4061257 I.C., SWITCHING REGULATOR A 7/2/2001
KI106 KIV-7HSB A 4061258 TRANSFORMER, FLYBACK CONVERTER B 11/15/2001
KI106 KIV-7HSB A 4061259 HEADER, RIGHT ANGLE A 11/15/2001
KI106 KIV-7HSB A 4061264 MOSFET, POWER B 2/4/2002
28
Buyer: ____
Seller:____
KI106 KIV-7HSB A 4061265 CAPACITOR, MULTI-LAYER CERAMIC B 11/15/2001
KI106 KIV-7HSB A 4061266 CAPACITOR, TANTALUM B 11/15/2001
KI106 KIV-7HSB B 4061269 FLEX CIRCUIT, FRONT PANEL E 8/20/2001
KI106 KIV-7HSB B 4061270 FLEX CIRCUIT ASSY A1W1 D 9/19/2001
KI106 KIV-7HSB A 4063850 CAPACITOR, CERAMIC CHIP F 9/18/2003
KI106 KIV-7HSB A 4063851 CAPACITOR, CERAMIC CHIP B 11/15/2001
KI106 KIV-7HSB A 4063852 CAPACITOR, TANTALUM CHIP C 7/2/2001
KI106 KIV-7HSB A 4063853 DIODE, CHIP C 12/4/2002
KI106 KIV-7HSB A 4063854 SEMICONDUCTOR, DIODE, ZENER, D 9/23/2003
SURFACE MOUNT
KI106 KIV-7HSB A 4063855 SEMICONDUCTOR, DIODE, SCHOTTKY, C 2/1/2002
SURFACE MOUNT
KI106 KIV-7HSB A 4063856 INDUCTOR A 2/4/2002
KI106 KIV-7HSB A 4063857 INDUCTOR D 11/22/2002
KI106 KIV-7HSB A 4063858 TRANSDUCER AUDIO A 11/15/2001
KI106 KIV-7HSB A 4063859 CONNECTOR RA 50 POSITION A 11/15/2001
KI106 KIV-7HSB A 4063861 CONNECTOR, 9-PIN D-RECEPTACLE D 11/15/2001
FILTER
KI106 KIV-7HSB A 4063862 CONNECTOR, PLUG, RIGHT ANGLE, E 11/15/2001
SUBMINIATURE D, FILTERED, 37
POSITIONS, PIN CONTACTS
KI106 KIV-7HSB A 4063863 TRANSISTOR, PNP LOW POWER SILICON A 11/15/2001
SMALL OUTLINE
KI106 KIV-7HSB A 4063864 TRANSISTOR, PNP LOW POWER SILICON A 11/15/2001
SMALL OUTLINE
KI106 KIV-7HSB A 4063865 RESISTOR, CHIP D 9/15/2003
KI106 KIV-7HSB A 4063866 SWITCH SPDT A 11/26/2001
KI106 KIV-7HSB A 4063868 I.C., HIGHSPEED CMOS HEX INVERTER A 11/15/2001
KI106 KIV-7HSB A 4063870 I.C., QUAD 2-INPUT POS NOR GATES A 2/4/2002
KI106 KIV-7HSB A 4063871 I.C., MICROCONTROLLER 140 D 7/12/2002
29
Buyer: ____
Seller:____
KI106 KIV-7HSB A 4063873 I.C., OCTAL BUFFERS & LINE DRIVERS A 11/15/2001
WITH 3 STATE OUTPUTS (HIGHSPEED
CMOS)
KI106 KIV-7HSB A 4063874 I.C., QUAD 2-IN POS-OR GATES A 11/15/2001
KI106 KIV-7HSB A 4063875 I.C., OCTAL D-TYPE TRANSPARENT A 11/26/2001
LATCHES WITH 3 STATE OUTPUTS
(HIGHSPEED CMOS)
KI106 KIV-7HSB A 4063876 I.C., OCTAL BUS TRANSCEIVERS WITH A 11/26/2001
3 STATE OUTPUTS (HIGHSPEED CMOS)
KI106 KIV-7HSB A 4063878 I.C., 8K x 8 CMOS RAM C 9/18/2003
KI106 KIV-7HSB A 4063879 I.C., 64K EEPROM B 11/26/2001
KI106 KIV-7HSB A 4063881 I.C., PROGRAMMABLE PERIPHERAL A 2/4/2002
INTERFACE
KI106 KIV-7HSB A 4063882 I.C., VOLTAGE REGULATOR A 2/4/2002
KI106 KIV-7HSB A 4063884 I.C., QUAD 2-INPUT POSITIVE NAND B 11/26/2001
GATES (HIGH-SPEED CMOS)
KI106 KIV-7HSB A 4063885 RELAY, SOLID-STATE (8 PIN B 10/12/2001
GULL WING)
KI106 KIV-7HSB A 4063886 I.C., TRANSCEIVER A 11/26/2001
KI106 KIV-7HSB A 4063887 I.C., HEX XXXXXXX TRIG. INVERTER A 11/26/2001
(HIGHSPEED CMOS)
KI106 KIV-7HSB A 4063888 I.C., B-BIT SHIFT REGISTERS WITH 3 B 11/26/2001
STATE OUTPUT REGISTERS
KI106 KIV-7HSB A 0000000 I.C., LINE DRIVER B 11/26/2001
KI106 KIV-7HSB A 4063892 I.C., QUAD DIFFERENTIAL LINE A 11/26/2001
DRIVER (TTL)
KI106 KIV-7HSB A 0000000 I.C., OP AMP A 11/26/2001
KI106 KIV-7HSB A 4063896 CONNECTOR, VERTICAL HEADER, B 9/19/2003
SURFACE MOUNT
KI106 KIV-7HSB A 4063897 CAPACITOR, SURFACE MOUNT CERAMIC - 7/21/1992
KI106 KIV-7HSB A 4063899 CAPACITOR, SURFACE MOUNT TANTALUM A 2/4/2002
KI106 KIV-7HSB A 4063900 LED B 11/26/2001
KI106 KIV-7HSB A 4063901 KEY SWITCH WITH LED A 11/26/2001
KI106 KIV-7HSB A 4063902 SWITCH, PUSH BUTTON A 11/26/2001
30
Buyer: ____
Seller:____
KI106 KIV-7HSB A 4063903 DISPLAY, EIGHT DIGIT, LED A 11/26/2001
KI106 KIV-7HSB A 4063904 RESISTOR, SURFACE MOUNT FILM A 2/4/2002
KI106 KIV-7HSB A 4063905 CAPACITOR, SURFACE MOUNT CERAMIC - 6/12/1992
KI106 KIV-7HSB A 4063906 JUMPER A 7/2/2001
KI106 KIV-7HSB A 4063907 I.C., QUAD BUFFERS A 2/4/2002
KI106 KIV-7HSB A 4063908 TERMINAL 3 POSITION B 11/26/2001
KI106 KIV-7HSB A 4063909 FUSE, SUBMINIATURE A 2/4/2002
KI106 KIV-7HSB A 4063910 CONNECTOR, 50 PIN B 11/26/2001
KI106 KIV-7HSB A 4063911 I.C., DPST ANALOG SWITCH C 2/4/2002
KI106 KIV-7HSB A 4063912 I.C., SPDT ANALOG SWITCH D 9/22/2003
KI106 KIV-7HSB A 4063913 INDUCTOR, POWER E 7/10/2003
KI106 KIV-7HSB A 4063917 I.C., QUAD BUFFERS A 2/4/2002
KI106 KIV-7HSB B 4063919 CONTAINER, SHIPPING C 8/21/2001
KI106 KIV-7HSB B 4063925 CIRCUIT CARD ASSEMBLY FRONT PANEL K 10/5/2001
KI106 KIV-7HSB A,C 4063926 PRINTED WIRING BOARD FRONT PANEL G 10/5/2001
KI106 KIV-7HSB A 4063934 I.C., OCTAL BUFFER A 11/26/2001
KI106 KIV-7HSB A 4063940 CONDUCTOR, FLAT FLEXIBLE B 11/26/2001
KI106 KIV-7HSB A 4063941 CONNECTOR B 11/26/2001
KI106 KIV-7HSB A 4065536 CRYPTO IGNITION KEY (CIK) B 11/26/2001
KI106 KIV-7HSB A 4065543 RAIL MOUNTING, PAIR E 11/14/2001
KI106 KIV-7HSB A 4065564 I.C., DUAL OVER/UNDER VOLTAGE A 2/4/2002
DETECTOR
KI106 KIV-7HSB A 4065567 CONNECTOR, RIGHT ANGLE 37 PIN D 2/4/2002
KI106 KIV-7HSB A 4065569 SOCKET SIP 14 POSITION A 2/4/2002
KI106 KIV-7HSB B 4067250 CABLE ASSEMBLY FLEXIBLE A 8/15/2001
KI106 KIV-7HSB A 4067258 I.C., OCTAL BUFFER A 2/4/2002
KI106 KIV-7HSB A 4067259 CRYSTAL, SURFACE MOUNT A 2/4/2002
31
Buyer: ____
Seller:____
KI106 KIV-7HSB B 4067260 PRINTED WIRING BOARD INTERFACE 097 H 7/17/2001
CONVERSION MODULE (U-AVM)
KI106 KIV-7HSB A 4067262 I.C., SERIAL COMMUNICATIONS B 2/4/2002
CONTROLLER
KI106 KIV-7HSB A 4067263 MICROCIRCUIT CMOS, 8-BIT C 12/5/2002
MICROCONTROLLER (44PLCC)
KI106 KIV-7HSB X,X 0000000 LABEL, MARKING F 9/18/2001
KI106 KIV-7HSB A 4067266 CONNECTOR, INTERCONNECT STRIP C 2/4/2002
KI106 KIV-7HSB A 4067267 I.C., DUAL 4-STAGE COUNTER A 2/4/2002
KI106 KIV-7HSB A 4067272 LABEL, WARNING A 9/25/2001
KI106 KIV-7HSB B 4067275 SCREW, CAPTIVE B 8/15/2001
KI106 KIV-7HSB A 4067283 TRANSISTOR MOSFET P-CHANNEL A 2/4/2002
KI106 KIV-7HSB B 4067289 FOAM PACKAGE XXX-0 X 0/0/0000
XX000 XXX-0XXX B 4067292 BRACKET, MOUNTING CIK SWITCH C 7/8/2002
KI106 KIV-7HSB B 4067298 SCHEMATIC DIAGRAM FRONT PANEL B 11/14/2001
KI106 KIV-7HSB B 4067332 CHASSIS, DIE CASTING J 7/2/2001
KI106 KIV-7HSB B 4067333 BOTTOM COVER DIE CASTING ASSY J 1/7/2002
KI106 KIV-7HSB B 4067334 PANEL, FRONT DIE CASTING M 7/10/2001
KI106 KIV-7HSB A 4067335 CONNECTOR, HEADER B 2/4/2002
KI106 KIV-7HSB A 4067336 TO/FROM CONNECTION LIST FLEX A 8/15/2001
CIRCUIT
KI106 KIV-7HSB A 4067337 CONNECTOR 50 PIN CUSTOM D 2/4/2002
KI106 KIV-7HSB A 4067338 RESISTOR DIP SOIC 14 PIN B 2/4/2002
KI106 KIV-7HSB A 4067345 BAG STATIC SHIELDING A 9/25/2001
KI106 KIV-7HSB A 4067346 BAG POLYETHYLENE A 9/25/2001
KI106 KIV-7HSB B 4067375 MICROCIRCUIT ASSEMBLY C 7/2/2001
MICROCONTROLLER (PROGRAMMED)
KI106 KIV-7HSB A 4070512 ICM MASTER PARTS C 2/4/2002
KI106 KIV-7HSB 4070513 NRL ICM SOFTWARE
32
Buyer: ____
Seller:____
KI106 KIV-7HSB A 4074891 INDUCTOR, POWER, AXIAL LEADED B 9/25/2001
KI106 KIV-7HSB A 4075770 BUILD DOCUMENT FOR KIV-7HSA DCE A 7/6/2001
AND DTE CONTROLLER FPGA'S
KI106 KIV-7HSB A 4075771 SOFTWARE VERSION - 9/23/1999
DESCRIPTION FOR THE KIV-
7HSA DCE AND DTE
CONTROLLER
KI106 KIV-7HSB A 4075774 MICROCIRCUIT, QUADRUPLE A 2/4/2002
DIFFERENTIAL LINE RECEIVER
(PACKAGE: 16 DIP)
KI106 KIV-7HSB B 4075775 DTE CONTROLLER PROGRAMMED ASSY B 8/13/2001
KI106 KIV-7HSB A 4075781 MICROCIRCUIT, FPGA (208 PLASTIC B 8/13/2001
QUAD FLAT PACK)
KI106 KIV-7HSB B 4075782 PLATE C 11/26/2001
KI106 KIV-7HSB A 4075785 MICROCIRCUIT, FPGA (160 PLASTIC B 9/18/2001
FLAT PACK
KI106 KIV-7HSB A 4075789 MICROCIRCUIT, EPROM (32 LEAD A 8/7/2001
PLASTIC J-LEAD PLCC)
KI106 KIV-7HSB A 4075797 OSCILLATOR, HYBRID CLOCK (HCMOS) C 9/16/2003
(PACKAGE: 14/4 DIP)
KI106 KIV-7HSB B 4075803 PWB, SYSTEM CONTROLLER E 10/7/2003
KI106 KIV-7HSB B 4075804 PRINTED WIRING BOARD KG SUBSYSTEM D 8/12/2003
KI106 KIV-7HSB B 4075805 SCHEMATIC DIAGRAM SYSTEM B 9/21/2002
CONTROLLER (E-HMV)
KI106 KIV-7HSB B 4075806 SCHEMATIC DIAGRAM H.S. KG SUBSYSTEM B 4/25/2002
KI106 KIV-7HSB A 4077216 CAPACITOR, TANTALUM, CHIP, LOW ESR B 7/2/2001
KI106 KIV-7HSB A 4080512 SOCKET PLCC 32 POSITION - 7/2/2001
KI106 KIV-7HSB B 4090500 KIV-7HSB PACKING ASSY B 2/19/2002
KI106 KIV-7HSB B 4090510 CARTON FOLDING - 3/16/2001
KI106 KIV-7HSB B 4090511 ARTWORK PACKAGING KIV-7HSB B 8/30/2003
KI106 KIV-7HSB B 4090512 ARTWORK PACKAGING KIV-7HSB B 8/13/2001
KI106 KIV-7HSB B 4090513 KIV-7HSB FRONT PANEL ARTWORK B 6/21/2001
KI106 KIV-7HSB A 4090515 IC, POWER MONITOR - 4/24/2002
KI106 KIV-7HSB A 4090516 RIGHT ANGLE CONNECTOR - 9/3/2003
KI106 KIV-7HSB A 4090517 BATTERY CONNECTOR - 9/3/2003
33
Buyer: ____
Seller:____
KI106 KIV-7HSB B 4090518 ARTWORK BATTERY WARNING LABEL - 9/23/2003
KI106 KIV-7HSB A 4090519 BATTERY CONNECTOR TERMINAL - 7/28/2003
KI106 XXX-0XXX X 0X000000 XXXXXX, XXXXXXX D 6/27/2001
KI106 KIV-7HSB A 0N190165 SPACER, CONTACT A 11/7/1983
KI106 KIV-7HSB A 0N241775 CONN, RCPT, AUDIO 6 CONTACT U 10/5/1989
KI106 XXX-0XXX X,X 0N278501 CONTACT ASSY POSITIVE A 6/24/1980
KI106 KIV-7HSB A 0N278502 CONTACT ASSY, NEGATIVE - 3/13/1980
KI106 KIV-7HSB A 0N278503 CONTACT, SPRING E 9/18/2001
KI106 KIV-7HSB A 0N278504 SUPPORT, BACK A 1/2/1987
KI106 KIV-7HSB B 0N278507 TERMINAL, INSULATED - 3/12/1980
KI106 KIV-7HSB A 0N278553 SUPPORT, BACK A 1/2/1987
KI106 KIV-7HSB B 0N606375 CIRCUIT CARD ASSEMBLY INTERFACE F 7/15/2002
CONVERSION MODULE (U-AVM)
KI106 KIV-7HSB B 0N606376 SCHEMATIC DIAGRAM ICM (U-AVM) A 11/14/2001
KI106 KIV-7HSB B 0N655701 ASSEMBLY SYSTEM CONTROLLER G 8/3/2001
KI106 KIV-7HSB B 0N655702 CCA, KG SUB SYSTEM (E-HMU) G 4/26/2002
KI106 KIV-7HSB A 0N655710 PRESIDO, E-HIW B 7/6/2001
KI106 KIV-7HSB B 0N674702 KIV-7HSB UNIT ASSY - 3/12/2001
KI106 KIV-7HSB B 0N674703 KIV-7HSB ACCEPTANCE TEST A 4/30/2001
SPECIFICATION
KI106 KIV-7HSB B 0N674710 MICROCONTROLLER PROGRAMMED U-UBB - 4/27/2001
KI106 KIV-7HSB B 0N674711 MICROCONTROLLER PROGRAMMED U-UBC - 4/27/2001
KI106 KIV-7HSB B 0N674712 EXTERNAL EPROM - 4/27/2001
KI106 KIV-7HSB B 0N674713 DCE CONTROLLER FPGA 1 PROGRAMMED - 4/27/2001
ASSY
KI106 KIV-7HSB B 0N674714 DCE CONTROLLER FPGA 2 PROGRAMMED - 4/27/2001
ASSY
KI106 KIV-7HSB B 0N674715 MICROCONTROLLER PROGRAMMED U-UBB S1 - 5/24/2001
KI106 KIV-7HSB B 0N674716 MICROCONTROLLER PROGRAMMED U-UBC S2 - 5/24/2001
34
Buyer: ____
Seller:____
KI106 KIV-7HSB B 0N674717 EPROM PROGRAMMED ASSY - 5/24/2001
KI106 KIV-7HSB B 4090500-DT KIV-7HSB DRAWING TREE E 10/7/2003
KI106 KIV-7HSB A 4090500-IDL KIV-7HSB INDENTURED DRAWING LIST B 10/7/2003
KI106 KIV-7HSB A 4090501-0201 KIV-7HSB USER'S MANUAL A 5/14/2002
KI106 KIV-7HSB B PL0N278501 CONTACT ASSY POSITIVE B
KI106 KIV-7HSB B PL0N278502 CONTACT ASSY NEGATIVE A 9/10/1992
KI106 KIV-7HSB A PL0N606375- INTERFACE CONVERSION MODULE D 8/28/2002
0501
KI106 KIV-7HSB A PL0N655701 ASSEMBLY SYSTEM CONTROLLER C 2/4/2002
KI106 KIV-7HSB A PL0N655702 CCA, KG SUB SYSTEM F 8/28/2002
KI106 KIV-7HSB PL0N674702- PARTS LIST KIV-7HSB UNIT ASSY A 9/18/2001
0501
KI106 KIV-7HSB A PL0N674710- MICROCONTROLLER PROGRAMMED U-UBB A 8/6/2001
0801
KI106 KIV-7HSB A PL0N674711- MICROCONTROLLER PROGRAMMED U-UBC A 8/6/2001
0801
KI106 KIV-7HSB A PL0N674712- EXTERNAL EPROM A 9/4/2001
0801
KI106 KIV-7HSB A PL0N674713- DCE CONTROLLER FPGA 1 A 7/2/2001
0801 PROGRAMMED ASSY
KI106 KIV-7HSB A PL0N674714- DCE CONTROLLER FPGA 2 A 7/2/2001
0801 PROGRAMMED ASSY
KI106 KIV-7HSB A XX0000000- FRONT PANEL ASSEMBLY A 8/21/2001
0504
KI106 KIV-7HSB A PL4061238- BOTTOM COVER ASSEMBLY B 10/6/2003
0503
KI106 KIV-7HSB B PL4061270- FLEX CIRCUIT ASSEMBLY B 1/8/1998
0501
KI106 KIV-7HSB A PL4063925- CIRCUIT CARD ASSEMBLY FRONT PANEL F 10/8/2001
0501
KI106 KIV-7HSB A PL4067375- MICROCIRCUIT ASSY B 10/8/2001
0501
PL4075775- A
0801
KI106 KIV-7HSB A PL4075775- DTE CONTROLLER PROGRAMMED ASSY B 8/13/2001
0802
KI106 KIV-7HSB A PL4090500- PARTS LIST KIV-7HSB PACKING ASSY A 9/18/2001
0501
KI106 KIV-7HSB A PLON674715- MICROCONTROLLER PROGRAMMED - 5/23/2001
0801 U-UBB-S1 TEMPEST TEST ONLY
KI106 KIV-7HSB A PLON674716- MICROCONTROLLER PROGRAMMED - 5/23/2001
0801 U-UBB-S1 TEMPEST TEST ONLY
35
Buyer: ____
Seller:____
KI106 KIV-7HSB A PLON674717- EPROM, PROGRAMMED ASSY TEMPEST - 5/23/2001
0801 TEST ONLY
KI106 KIV-7HSB A TP-5298 ACCEPTANCE TEST PROCEDURE FOR THE - 5/21/2001
XXX-0XXX
XX000 XXX-0XXX A TP-5306 KIV-7HSB Tempest Test Procedure - 5/31/2001
36
Buyer: ____
Seller:____
ATTACHMENT F
MYKOTRONX, INC. NON-DISCLOSURE AGREEMENT
(UNDER SEPARATE COVER)
37
Buyer: ____
Seller:____
ATTACHMENT G
MYKOTRONX QA PROVISIONS
SUBJECT: QUALITY ASSURANCE REQUIREMENTS FOR M-STD-17
PROCURED ITEMS (Q CLAUSES) REV. A
Approved. X. Xxxxxxxxx, QA Manager Date: 11
February 2003
1.0 Application. This document establishes the standard quality assurance
(QA) requirements (Q Clauses) for Rainbow Mykotronx-procured deliverable items
such as parts, materials, and/or processes which are applicable to the extent
specified in the procurement document.
Additional requirements may be defined in other specific Project documents
including those that are unique only to that Project.
2.0 Q Clauses Document. The attached Q Clauses document lists the various
quality requirements for Rainbow Mykotronx procured items.
The Q clauses are entered on the Rainbow Mykotronx procurement document to
indicate applicable QA requirements to the item being procured.
3.0 Responsibility
3.1 Quality Assurance. Prepares and maintains the Q Clauses document.
Coordinates changes with Project Management, Manufacturing, and Engineering as
appropriate. Reviews procurement documents as necessary and coordinates with
program management applicable Q clause(s) to project procurements. Ensures that
applicable Q-Clauses are included in the procurement document in the performance
of procurement document review.
3.2 Program Management. Ensures that Program Q-Clauses and other
procurement requirements are identified. Coordinate with the Procurement and
Quality other quality requirements for project/program other than that shown on
the Q Clauses document.
3.4 Procurement Organization. Assures that applicable Q-Clauses are
included in the procurement document.
4.0 Changes. QA controls this document. Submit recommended changes to the
QA Manager for review, coordination, approval and release.
38
Buyer: ____
Seller:____
QUALITY ASSURANCE REQUIREMENTS FOR PROCURED ITEMS (Q CLAUSES)
M-STD-17 REV. A
Notes: Buyer's acceptance of the procurement document denotes Buyer's
agreement to the Q-Clause requirements annotated on the procurement document.
I. DEFINITIONS
Buyer- Rainbow Mykotronx procurement entity
Vendor/supplier - The legal entity that is the contracting party with
Rainbow Mykotronx with respect to the procurement document. Procurement
document - The purchase order (P.O.) or subcontract between Rainbow
Mykotronx and the vendor/supplier. Item - The product or service
contracted for by the procurement document.
II. Q CLAUSES
Q-1 GENERAL QUALITY REQUIREMENTS (INCLUDE PARAGRAPHS A THROUGH K AS SHOWN BELOW)
A) Prohibited Practices:
Unauthorized repairs. Vendor/supplier shall not repair any damaged item nor any
found to be faulty during manufacturing or that it fails to meet Rainbow
Mykotronx specification/drawing requirements, without written Rainbow Mykotronx
approval, except when the nonconformance is minor and material review board
(MRB) authorization has been granted by Rainbow Mykotronx. Vendor/supplier is
not authorized to perform MRB activity on nonconforming material without Rainbow
Mykotronx authorization.
Change in approved drawings, processes, materials, or procedures.
Vendor/supplier shall not change any drawing, process, material (including
subtier supplier parts) or procedure without prior Rainbow Mykotronx written
approval, if such drawings, processes, materials, or procedures was previously
approved by Rainbow Mykotronx as provided for in the Procurement document.
Vendor/supplier shall not change any process, material or procedure from that
used to qualify any item or which was used by Vendor/supplier to become a
qualified source for Rainbow Mykotronx's specification/drawing, without Rainbow
Mykotronx's written approval.
Resubmittal of Rejected Items. Any item rejected by Rainbow Mykotronx and
subsequently resubmitted to Rainbow Mykotronx shall be clearly identified as a
resubmittal item, indicating procurement document number and Rainbow Mykotronx's
reject document number in vendor/supplier's certificate of conformance.
Notification of Facility Change. Vendor/supplier shall not use nor relocate any
production , manufacturing, and/or processing facilities to differ from previous
approval by Rainbow Mykotronx, during performance of work specified in the
procurement document, without previously notifying Rainbow Mykotronx and
according Rainbow Mykotronx an opportunity to examine such facilities for
compliance with procurement quality requirements.
Changing of Test Facility. Vendor/supplier shall not change a test facility nor
use another test facility to meet specification /drawing requirements without
prior Rainbow Mykotronx's written approval, if a specific test facility was
previously approved by Rainbow Mykotronx as provided for in procurement
document.
Change of Management/Ownership. Vendor/supplier shall notify Rainbow Mykotronx
when a significant change in management or ownership has occurred.
B) Responsibility for Conformance. Neither surveillance nor inspection and/or
test made by Rainbow Mykotronx or its representatives or U.S. Government
representatives at either Rainbow Mykotronx or vendor/supplier's facilities, nor
vendor/supplier's compliance with all applicable procurement quality
requirements, shall relieve vendor/supplier of the responsibility to furnish an
item that conforms to the requirements of the procurement document.
Vendor/supplier shall control subtier supplier to the extent necessary to ensure
quality requirements specified in the procurement document is satisfied. Quality
requirements shall include, but are not limited to, the following: subtier
preaward survey/evaluation, periodic auditing of supplier, implementing a
subtier supplier rating system, ensuring adequate review of procurement
documentation prior to procurements, controlling procurement of critical items
for Vendor/supplier product, inspection of procured items to documented
procedures, and control of nonconforming material, including corrective action.
C) Rainbow Mykotronx Surveys, Surveillance, Audits and Inspection. Rainbow
Mykotronx has the right to conduct surveys, audits, and surveillance of
vendor/supplier facilities, and those of vendor/supplier subtier suppliers with
prior coordination with vendor/supplier, to determine capability to comply and
to verify continuing compliance, with the requirements of the procurement
document.
Rainbow Mykotronx has the right to perform inspection at vendor/supplier
facilities, and those of vendor/supplier subtier suppliers with prior
coordination with vendor/supplier, during the period of manufacture and
inspection prior to shipment. Final inspection, and acceptance, shall be
performed at Rainbow Mykotronx's facility, unless otherwise specified in the
procurement document.
Rainbow Mykotronx reserves the right to use Mil Std 105, MiL Std 414 or other
sampling process for the acceptance or rejection of items.
D) Documentation. Rainbow Mykotronx may refuse to accept item if vendor/supplier
fails to submit certifications, documentation, test data or reports specified by
the procurement document. Documentation includes Rainbow Mykotronx source
inspection if such source inspection is performed.
E) Corrective Action Request. When a quality problem exists with any
vendor/supplier item, Rainbow Mykotronx may forward a corrective action request
to vendor/supplier, requiring timely response, that shall include the following
information: analysis of the cause of the problem, statement of the action taken
to prevent recurrence, and the effectivity of the action,. When corrective
action is required for U.S. Government source inspected items, vendor/supplier
shall coordinate such action with the U.S. Government quality representative
assigned to administer vendor/supplier facility.
39
Buyer: ____
Seller:____
F) U.S. Government Source Inspection. For procurement made under U.S. Government
contracts, the U.S. Government has the right to inspect any and all of the work
included in the procurement document, at vendor/supplier facilities or at
subtier supplier facilities. Vendor/supplier quality control or inspection
system and manufacturing processes are subject to review, certification, and
analysis by authorized U.S. Government representatives.
G) Measuring and Test Equipment. Vendor/supplier shall be responsible for
validating the accuracy and stability of tools, gages, and test equipment used
to eonstarte that any item conforms to the requirements specified by the
procurement document. Documented schedules shall be maintained to provide for
periodic calibration to adequate standards. Objective evidence of calibrations
shall be recorded and made available for Rainbow Mykotronx review.
H) Nonconforming Material. Any decision to accept any nonconformance (variance
from Rainbow Mykotronx's drawings and specifications), detected at
vendor/supplier facilities, must be made by Rainbow Mykotronx unless otherwise
specified by the procurement document. Vendor/supplier shall provide for
identification, control and segregation of nonconforming material detected at
vendor/supplier facilities.
I) Inspection Records. Vendor/supplier shall maintain records of all inspections
and tests performed on any item delivered to Rainbow Mykotronx. These records
shall identify nonconformance and shall be made available for Rainbow Mykotronx
review.
J) Sample Inspection. Sample inspection plans may be used by vendor/supplier
when tests are destructive , or when the records or inherent characteristics of
the product indicate that a reduction in inspection/testing can be achieved
without jeopardizing product quality. Sample inspection shall be in accordance
with the applicable Rainbow Mykotronx specification. When not specified by
Rainbow Mykotronx, military standard sampling plans (e.g. Xxx-Xxx-000,
Xxx-Xxx-000, or Handbooks H016, H017, or H018) may be used. Other sample
inspection plans shall be approved by the Rainbow Mykotronx prior to their
implementation. All sample inspection plans shall provide valid confidence in
specified quality levels.
K) Vendor/supplier's Basic Certificate of Conformance (C of C). Vendor/supplier
shall provide a certificate of conformance providing: 1) a statement that the
items furnished per the Rainbow Mykotronx procurement document have been
manufactured, tested, and inspected in accordance with the requirements of the
applicable specifications/drawings and the results of such test and inspection
meet the requirements thereof; 2) a statement that Rainbow Mykotronx-required
inspections and tests have been performed utilizing calibrated equipment; and 3)
a statement that all materials used in items meets the applicable
specification/drawing requirements specified by the procurement document.
The CofC shall include vendor/supplier name, actual address where item was
manufactured/tested, item name, vendor/supplier's part number, and
lot/process/batch number, etc. as applicable. The CofC shall also include the
Rainbow Mykotronx's name, part number, specification/drawing number, including
applicable revision designation and procurement document number/revision. The
CofC shall be signed by the vendor/supplier's authorized person and shall
include title of signatory and date. Any certificate not meeting the above
requirements is subject to rejection upon Rainbow Mykotronx's receipt.
Q-2 (A OR B) INSPECTION SYSTEM REQUIREMENTS, NHB5300.4 (1B)
A. Vendor/supplier shall provide and maintain an inspection system that is in
conformance with NHB5300.4 (1B), "Quality Program Provisions for Aeronautical
and Space Systems Contractors."
B. Vendor/supplier shall provide and maintain an inspection system that is in
conformance with NHB5300.4 (1B), "Quality Program Provisions for Aeronautical
and Space Systems Contractors", that have been tailored as specified in the
Rainbow Mykotronx procurement document.
Q-3 (A OR B) INSPECTION SYSTEM REQUIREMENT, MIL-Q-9858A
A. Vendor/supplier shall provide and maintain an inspection system that is in
conformance with MIL-Q-9858A, "Quality Program Requirements".
B. Vendor/supplier shall provide and maintain an inspection system that is in
conformance with MIL-Q-9858A, "Quality Program Requirements", that have been
tailored as specified in the Rainbow Mykotronx procurement document.
Q-4 (A OR B) INSPECTION SYSTEM REQUIREMENTS, NHB5300.4 (1C)
A. Vendor/supplier shall provide and maintain an inspection system that is in
conformance with NHB5300.4 (1C), "Inspection Systems Provisions for Aeronautical
and Space System Material, Parts, Components, and Services."
B. Vendor/supplier shall provide and maintain an inspection system that is in
conformance with NHB5300.4 (1C), "Inspection Systems Provisions for Aeronautical
and Space System Material, Parts, Components, and Services," that have been
tailored as specified in the Rainbow Mykotronx procurement document.
Q-5 (A OR B) INSPECTION SYSTEM REQUIREMENTS (MIL-I-45208)
A. Vendor/supplier shall provide and maintain an inspection system that is in
conformance with MIL-l-45208, ":Inspection System Requirements, " and a
calibration program that is in conformance with MIL-STD-45662, "Calibration
Systems Requirements".
B. Vendor/supplier shall provide and maintain an inspection system in accordance
with requirements of MIL-I-45208,"Inspection Systems Requirements,"and a
calibration program that is in accordance with MIL-STD-45662, "Calibration
Systems Requirements", that have been tailored as specified in the Rainbow
Mykotronx procurement document.
Q-6 (A,B,C,D,E,F,G, OR H) BUYER SOURCE INSPECTION
Vendor/supplier conformance to Rainbow Mykotronx requirements shall be verified
by Rainbow Mykotronx and shall be performed at vendor/supplier facilities prior
to shipment of items being procured. Vendor/supplier shall provide reasonable
facilities and a copy of Rainbow Mykotronx specification/drawing and procurement
document for Rainbow Mykotronx verification of vendor/supplier conformance to
procurement document and specification/drawing requirements. Rainbow Mykotronx
reserves the right the audit/verify conformance to Rainbow Mykotronx
requirements at Vendor/supplier facility and at vendor/supplier subtier supplier
facilities for any item not manufactured/processed within vendor/supplier
facilities. Rainbow Mykotronx source inspection shall include, but is not
limited to, the following:
- Validation of vendor/supplier automated test programs and procedures to
Rainbow Mykotronx specification/drawing requirements (when applicable).
- Witnessing vendor/supplier performance of acceptance/qualification testing and
inspections to Rainbow Mykotronx specification/drawing requirements.
Vendor/supplier shall perform an additional 1.0 AQL acceptance test/inspection
when vendor/supplier original acceptance testing has not been witnessed by a
Rainbow Mykotronx representative.
40
Buyer: ____
Seller:____
- Review of vendor/supplier acceptance test/inspection data and reports to
verify conformance with Rainbow Mykotronx specification/drawing requirements.
- Review of lot qualification test data to Rainbow Mykotronx
specification/drawing requirements, if applicable.
- Verification of vendor/supplier packaging and packing of items being procured
to ensure conformance with Rainbow Mykotronx procurement document or
specification/ drawing requirements.
- Verification of item traceability and vendor/supplier certification to ensure
conformance with the Rainbow Mykotronx procurement document of
specification/drawing requirements.
Vendor/supplier shall provide inspection/test data and reports to Rainbow
Mykotronx representative indicating which characteristics, parameters,
dimensions, etc., were actually tested/inspected for validation to Rainbow
Mykotronx specification/drawing requirements.
Vendor/supplier shall notify Rainbow Mykotronx not less than three working days
prior to the time that items are ready for Rainbow Mykotronx source inspection.
After Rainbow Mykotronx source inspection, any rework or test of the items(s),
including any unscheduled or unauthorized entry, such as removal of a panel,
cover, or enclosure shall void the Rainbow Mykotronx source inspection and
vendor/supplier shall request Rainbow Mykotronx source inspection and
vendor/supplier shall request Rainbow Mykotronx to repeat applicable source
inspection steps(s).
A. BUYER IN-PROCESS INSPECTION. Vendor/supplier performance of in-process
operations to Rainbow Mykotronx requirements shall be verified by Rainbow
Mykotronx during item manufacture at one or more of the following, as specified
by the document:
1. Prior to encapsulation/conformal coating.
2. Prior to cleaning.
3. Prior to plating.
4. Prior to assembly close-up.
5. Other points specified by the procurement document.
6. Other points specified in the Process Identification Document.
B. BUYER AUDIT/PROCESS VERIFICATION. Rainbow Mykotronx audit of vendor/supplier
process operations by Rainbow Mykotronx representative shall include, but not be
limited to, the following:
- Verification that vendor/supplier is maintaining a quality assurance system
that has been previously approved by Rainbow Mykotronx.
- Verification that vendor/supplier flow down of requirements to subtier
suppliers is adequate to meet Rainbow Mykotronx requirements.
- Verification that vendor/supplier work instructions are adequate to ensure
implementation of Rainbow Mykotronx requirements.
- Verification that vendor/supplier manufacturing processes are under control,
to ensure product quality, configuration control and traceability to meet
Rainbow Mykotronx requirements.
- Verification that vendor/supplier is maintaining proper control of
nonconforming material and taking corrective action, as required.
C. BUYER PRECAP INSPECTION. Items of this procurement document require precap
inspection by Rainbow Mykotronx subsequent to the 100 percent precap visual
inspection performed by vendor/supplier.
D. BUYER SCANNING ELECTRON MICROSCOPE ANALYSIS. Rainbow Mykotronx approval of
Scanning Electron Microscope (SEM) analysis shall be required for wafer lots to
be incorporated in parts supplied to Rainbow Mykotronx. The SEM analysis shall
be performed by vendor/supplier and must be approved by Rainbow Mykotronx prior
to the incorporation of wafers in parts.
E. BUYER SOURCE SURVEILLANCE
Rainbow Mykotronx shall perform surveillance at vendor/supplier facilities
during the contract period. Surveillance shall be scheduled by Rainbow Mykotronx
and coordination with vendor/supplier prior to implementation. Surveillance
activities shall include, but not be limited to, the following:
- Auditing vendor/supplier's procurement, manufacturing, test and inspection,
configuration control, and nonconforming material control procedures and
processes.
- Witnessing of product acceptance/ qualification testing.
- Review of vendor/supplier's test/inspection data and reports to verify
conformance to procurement document requirements.
F. BUYER SOURCE INSPECTION FOR PROCUREMENT TO ANOTHER CONTRACTOR'S PART
NUMBER/SPECIFICATION. Rainbow Mykotronx source inspection shall consist of
verification of another contractor's inspection data to ensure that items have
met the other contractor's specification requirements when Rainbow Mykotronx
procurement document specifies contractor's part number. Vendor/supplier shall
provide copy of other contractor's source inspection report/data containing
results of other contractor's inspection. Whenever other contractor's source
inspection report/data is/are not available, the vendor/supplier inspection
traveler indicating other contractor's test/inspection acceptance may be used
for verification. Inspection verification review shall be performed at
vendor/supplier facility prior to shipment.
G. BUYER FINAL SOURCE INSPECTION. Items of this procurement require final
inspection by Rainbow Mykotronx quality engineering subsequent to the 100
percent final inspection performed by vendor/supplier.
H. BUYER SOFTWARE AUDITS. Rainbow Mykotronx shall perform audits, review and/or
verification at vendor/supplier facilities during the development and test of
software to be furnished on this procurement.
Q-7 U.S. GOVERNMENT SOURCE INSPECTION (NASA)
All work under the procurement document is subject to inspection and test by the
U.S. Government any time and place. The U.S. Government representative who has
been delegated NASA quality assurance functions for the procurement document
shall be notified immediately upon receipt thereof. The U.S. Government
representative shall also be notified three (3) working days in advance of the
time the items are ready for inspection or test. In the event that the U.S.
Government representative cannot be contacted, Rainbow Mykotronx shall be
notified immediately.
41
Buyer: ____
Seller:____
Vendor/supplier, without additional charge to the procurement document, shall
provide all reasonably required facilities and assistance for convenience and
safety of the U.S. Government representatives in the performance of their
duties.
Q-8 U.S. GOVERNMENT SOURCE INSPECTION (DOD)
U.S. Government source inspection is required prior to shipment from
vendor/supplier facility. Upon receipt of this procurement document,
vendor/supplier shall immediately notify and provide a copy of the procurement
document to the U.S. Government representative who normally services the
Vendor/suppliers facility, so that appropriate planning for U.S. Government
source inspection can be accomplished. If a U.S. representative does not
normally service the vendor/supplier's facility, the nearest Army, Navy, Air
Force, or Defense Agency inspection office shall be contacted. In the event that
a U.S. Government representative cannot be contracted, Rainbow Mykotronx shall
be notified immediately.
Vendor/supplier, without additional charge to the procurement document, shall
provide all reasonably require facilities and assistance for convenience and
safety of the U.S. Government representatives in the performance of their
duties.
Q-9 (A AND B) RAW MATERIAL DOCUMENTATION REQUIREMENTS
A. Shipment of materials whether raw, semi-finished or finished, shall be
accompanied by a Certificate of Conformance from vendor/supplier, stating as a
minimum:
- the name of location of the raw material manufacturer, as applicable,
- material identification by specification number, and material
condition where applicable.
- a statement of raw material conformance to applicable requirements.
B. All items in Q-9A plus actual chemical/physical test results which
substantiate compliance with the applicable raw material and/or specification
requirements.
Q-10 CONTROL OF PROCESSES
A process requiring Rainbow Mykotronx approval of processor's facility is being
procured for this order. The facility performing such processes, whether the
supplier's or a subtier to the supplier, must be approved by Rainbow Mykotronx
in advance of actual processing. Rainbow Mykotronx will make available, upon
request, a list of approved process facilities specific to the applicable
processes. A certificate of conformance to the process specification
requirements shall be provided with the shipment.
Q-11 TEST DATA
When Rainbow Mykotronx specification requires test data to be recorded during
performance of acceptance testing, a copy of the recorded data, showing evidence
of vendor/supplier inspection and verification of conformance, shall accompany
shipment of items to Rainbow Mykotronx. Data shall meet the format requirements
of Rainbow Mykotronx specification and, as a minimum, be identified with:
- Rainbow Mykotronx procurement document number and any change notice
number.
- Rainbow Mykotronx specification/drawing number and revision letter.
- Rainbow Mykotronx engineering order(s).
- Part number
- Type of test performed.
- Lot numbers, serial numbers, and/or codes of items tested.
- Total quantity tested, quantity accepted and quantity rejected.
- Any codes, keys, or other information necessary to interpret
vendor/supplier data.
Q-12 RADIOGRAPHIC INSPECTION
Vendor/supplier must be approved by Rainbow Mykotronx to perform the
radiographic inspection applicable to this procurement document or shall use a
radiographic facility approved by Rainbow Mykotronx. A list of approved
radiographic facilities shall be provided by Rainbow Mykotronx upon request. If
vendor/supplier wishes to use an unapproved facility, prior authorization must
be requested and received from Rainbow Mykotronx.
Unless otherwise specified by the parts specification or procedure applicable to
this procurement document, each radiograph shall, as a minimum comply with
MIL-STD-453, "Inspection, Radiographic," or MIL-STD-883, "Test Methods and
Procedures for Microelectronics". The radiographic film and a copy of the report
shall accompany the shipment of the items to the Rainbow Mykotronx.
Q-13 REQUIREMENTS FOR DISTRIBUTORS
The distributor (a supplier other than the manufacturer) shall identify the
manufacturer and location of manufacturer of each item furnished under the
procurement document.
When items are identified by a Rainbow Mykotronx number, the distributor shall
provide complete information as to the original manufacturer and original
manufacturer's part number, lot number, serial number, and/or data code of items
shipped. Such identification shall be submitted with each shipment.
Q-14 SUPPLIER INSPECTION REPORTING REQUIREMENTS
Vendor/supplier shall submit, with each shipment of items, one copy of an
inspection report reflecting 100 percent inspection verification of all drawing
characteristics. The report shall delineate each drawing characteristic and
specific the corresponding actual measurement results, except that a check xxxx
will suffice for those dimensions with a total tolerance spread greater than
0.005 inch. True position dimensions of 0.007 inch or less shall be recorded in
the data submitted. Inspection record traceability shall be maintained by either
serializing each item (if allowed) or tag identification. The item
identification is then matched with the corresponding inspection report. A
single inspection documentation record sheet may be used for more than one item
of the same part number. The only exception to the above procedure applies to
items machined under tape-controlled or automatic conditions. In that case, the
100 percent inspection report may be limited to the first and last item procured
from one continuous set-up, and the inspection report shall state that the items
were machined under tape-controlled or automatic conditions. INSPECTION RECORD
EXAMPLE:
Dimension &Tol. S/N 001 S/N 002 S/N 003
----------------------- ------- ------- -------
..250 -.001/+.004 .251 .253 .254
If there are more than 25 items of the same part number and if serialization is
not required, the items may be grouped and data recorded as follows:
42
Buyer: ____
Seller:____
Dimension&Tol. Qty Results
------------------ --- ---------
..250 -.001/ +.004 150 .249/.253
Q-15 (A OR B) SUPPLIER QUALITY ASSURANCE PROGRAM REQUIREMENTS,
MIL-STD-1535A
A.Vendor/supplier shall provide and maintain a supplier quality assurance
program that is in conformance with MIL-STD-1535A, "Supplier Quality Assurance
Program Requirements."
B. Vendor/supplier shall provide and maintain a supplier quality assurance
program in accordance with requirements of MIL-STD-1535A, "Supplier Quality
Assurance Program Requirements," that have been tailored as specified in the
Rainbow Mykotronx procurement document.
Q-16 (A,B,C,D,E OR F) CORRECTIVE ACTION AND DISPOSITION SYSTEM FOR NONCONFORMING
MATERIAL, MIL-STD-1520. Vendor/supplier shall provide and maintain a corrective
action and disposition program for nonconforming material that is in conformance
or with accordance with MIL-STD-1520, "Corrective Action and Disposition System
for Nonconforming Material" or with tailored requirements of MIL-STD-1520.
A. MIL-STD-1520A
B. MIL-STD-1520A, tailored as specified in the Rainbow Mykotronx
procurement document.
C. MIL-STD-1520B
D. MIL-STD-1520B, tailored as specified in the Rainbow Mykotronx
procurement document.
E. MIL-STD-1520C
F. MIL-STD-1520C, tailored as specified in the Rainbow Mykotronx
procurement document.
Q-17 CALIBRATION SYSTEMS REQUIREMENTS (MIL-STD-45662)
Vendor/supplier shall provide and maintain a calibration program that is in
conformance with Mil-Std-45662, "Calibration Systems Requirements."
Q-18 CONTROL OF TEST SOFTWARE.
Vendor/supplier shall provide and maintain a system for the control of software
used in the qualification/acceptance testing of deliverable hardware, software
and firmware to be furnished on this procurement. Vendor/supplier shall maintain
procedures and test records on items delivered to Rainbow Mykotronx and these
records shall be available for Rainbow Mykotronx review.
Q-19 ELECTROSTATIC DISCHARGE CONTROL.
Vendor/supplier shall provide and maintain a program for electrostatic discharge
(ESD) control for hardware items to be furnished on this procurement. Rainbow
Mykotronx requirements are as specified in the procurement document.
Vendor/supplier electrostatic discharge control program is subject to review and
approval by the Rainbow Mykotronx.
Q-20 SUBCONTRACTOR PRODUCT ASSURANCE REQUIREMENTS.
Vendor/supplier shall provide and maintain a system that assures implementation
of the provisions contained in the applicable product assurance requirements
document and statement of work that is referenced within the procurement
document. The general quality assurance requirements of Q-1 are also applicable
for this procurement.
Q-21 (A OR B) DEFENSE SYSTEMS SOFTWARE DEVELOPMENT (DOD-STD-2167A)
A. Vendor/supplier shall provide and maintain a software development program
which is in conformance with DOD-STD-2167A, "Defense System Software
Development."
B. Vendor/supplier shall provide and maintain a software development program in
accordance with requirements of DOD-STD-2167A, "Defense System Software
Development," that have been tailored as specified in Rainbow Mykotronx's
procurement documents.
Q-22 (A OR B) DEFENSE SYSTEMS SOFTWARE QUALITY PROGRAM (DOD-STD-2168)
A. Vendor/supplier shall provide and maintain a software quality assurance
program that is in conformance with DOD-STD-2168, "Defense System Software
Quality Program."
B. Vendor/supplier shall provide and maintain a software quality program that is
in accordance with requirements of DOD-STD-2168, "Defense System Software
Quality Program," that have been tailored as specified in Rainbow Mykotronx's
procurement document.
Q-23 SOFTWARE DELIVERY DOCUMENTATION.
Vendor/supplier shall deliver documentation of software as specified in the
procurement document. Software documentation shall be sufficient to establish
that:
- All requirements are achieved or waivers submitted.
- Configuration is correct and deliverables are properly identified and
marked.
- Planned level of acceptance is achieved and/or deviations/waivers are
made part of the deliverable documentation package.
- Operating instructions accompanying the developed software are
sufficient to enable loading, initialization, and operation by
Rainbow Mykotronx's personnel.
Q-24 END ITEM DATA PACKAGES.
The following are the minimum Rainbow Mykotronx requirements for data package
contents. Special project requirements in addition to these are contained in
product assurance requirements or statement of work.
1) Format. Table of contents and labeled dividers between sections.
2) Contents. a) As-built vs. as-designed report. b) acceptance test procedure
and data. c) operating time record d) discrepancy documents e)
waiver/deviations, f) identification sheet listing: as applicable--- unit name,
equipment specification part number, serial number, revision level, contract
number, project name, original vs. retest package, acceptance vs. qualification
data, and review signatures.
Q-25 (A OR B) INSPECTION SYSTEM REQUIREMENT, ISO9001
A. Vendor/supplier shall provide and maintain an inspection system that is in
conformance with ISO9001
43
Buyer: ____
Seller:____
B. Vendor/supplier shall provide and maintain an inspection system that is in
conformance ISO9001, that have been tailored as specified in the Rainbow
Mykotronx procurement document.
Q-26 (A OR B) IN-PROCESS DATA
The supplier shall collect data at the various inspection and test points and
furnish monthly reports (pareto charts, first pass yield, etc) to Rainbow
Mykotronx's in regard to overall product performance.
44
Buyer: ____
Seller:____
ATTACHMENT H.
CONTRACT FAR CLAUSES
SECTION D - PACKAGING AND MARKING
D.1 Record Plate
A modification record plate to include the serial number, modal, and any
modifications shall be affixed to each equipment as previously provided Under
MDA904-98-D-C104.
(End of Clause)
D.2 BAR CODES
Bar codes in accordance with MIL-STD-1189 and NSA-2 shall also be printed on
identifying equipment nameplates. The "fail bar Code message for equipment shall
contain the short title, the serial number, sad the National stock Number.
Written approval from the COR is required to modify the bar code contents in any
case where adequate space is not available.
(End of Clause)
D.3 352.247-9003 MARKING AND DOCUMENTS (SEP 1994)
(a) All Contractor-generated technical reports shall bear the statement
"Not Releasable to the Defense Technical Information Center per DoD Directive
3200.12."
(b) In addition to the above marking all unclassified technical
reports, photographs, drawings, schematics, design circuits and description of
equipment designed and/or produced under the contract shall be marked with the
legend "DISTRIBUTION LIMITED TO U.S.GOVERNMENT AGENCIES ONLY THIS DOCUMENT
CONTAINS NSA INFORMATION (Applicable Date) REQUEST FOR THIS DOCUMENT MUST BE
REFERRED TO THE DIRECTOR, NSA, Where SF Form 298 is required to accompany a
document, the legend shall be entered in Block 12a thereof.
(d) The contractor shall be responsible for inserting the appropriate
application data in the aforementioned legend. This date shall be the date upon
which the document was completed.
(End of Clause)
D.4 352.247-8004 PACKING AND SHIPPING (OCT 1998)
(a) Packing
(1) Material shall be packed by personnel duly cleared for the
level of classification in question, to conceal it properly and to
avoid suspicion as to its contents, and to reach destination in
satisfactory condition. Internal markings or internal packaging will
clearly indicate the classification. No NOTATION To INDICATE THE
CLASSIFICATION SHALL APPEAR, ON EXTERNAL MARKINGS.
(2) Documents shall be enclosed in two sealed envelopes or
covers. Typewritten or printed matter in the contents shall be
protected by a covet sheet or by folding inward to avoid direct contact
with the inner envelope or cover. The inner cover shall be addressed,
return addressed, sealed and marked with the security classification on
front and back so that the sparking will be easily seen when the outer
cover is removed. Receipt for, if required, shall be enclosed
identifying the addressor, addresses, and listing the contents by short
title. The outer envelope or cover shall be of sufficient opaqueness
and density as to prevent the classification marking of the inner cover
from being visible rend shall be addressed, return addressed, and
carefully sealed with no markings or notations.
45
Buyer: _____
Seller: _____
(b) Shipping
(1) Classified material shall be shipped in accordance with
the Industrial Security Manual for Safeguarding Classified Material and
Security Guidelines contained in DD Form 254.
(2) Unclassified material shall be shipped in accordance with
the contractor's best commercial practice to insure safe arrival at
destination.
(End of Clause)
SECTION E - INSPECTION AND ACCEPTANCE
E.1 REFERENCED CLAUSES
The following contract clause(s) pertinent to this section is/are
hereby incorporated
CLAUSE NO. TITLE
---------- -----------------------------------------------
52.246-02 INSPECTION or SUPPLIES - FIXED-PRICE (Aug 1996)
52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
E.2 PRODUCTION EQUIPMENT
The equipment shall be inspected and tested in accordance with the KIV-7HSB
Integration and Operations Manual and the Contract.
(End of Clause)
E.3 Inspection and Final Acceptance
a. Hardware: inspection and final acceptance of all equipment shall be conducted
at the contractor's manufacturing facility in accordance with an approved
Acceptance Test Plan Defense Contract Management Agency (DCMA) will be utilized
on this contract. The Government will provide a copy of the Letter of Delegation
(LOD) to the contractor and the cognizant Government inspection organizations.
b. Review and final acceptance of all data items will be accomplished at the
destination by the Contracting officer or his authorized representative.
c. The KIV-7HSB units shall meet TEMPEST requirements as stated in the item
description and/or Specification. TEMPEST testing shall be conducted in
accordance with an approved TEMPEST test plan. TEMPEST test reports shall be
made available to the Government upon request.
(End of Clause)
E.6 352.248-9005 NOTICE: MATERIAL AND WORKMANSHIP (JUL 1999)
All material incorporated in the work shall be new and the work shall be
performed in a skillful and xxxxxxx like, efficient manner. Both materials and
Workmanship shall be subject to the inspection of the Contracting Officer or his
duly authorized representative who may require the Contractor to correct
defective workmanship or materials without cost to the Government unless the
contract specifies otherwise.
(End of Clause)
46
Buyer: _____
Seller: _____
SECTION F - DELIVERIES OR PERFORMANCE
F.1 REFERENCED CLAUSES
The following contract clauses pertinent to this section is/are hereby
incorporated
CLAUSE NO. TITLE
---------- ----------------------------------------
00-000-00 DELIVERY OF EXCESS QUANTITIES
52.242-15 STOP-WORK ORDER (AUG 1989)
53.242-17 GOVERNMENT DELAY OF WORK (APR.1984)
52.247-84 F.O.B. DESTINATION (NOV. 1991)
SECTION G - CONTRACT ADMINISTRATION DATA
G.4 352,220-9001 CONTRACTOR LIABILITY FOR STATE AND LOCAL TAXES (SEP 1994)
Generally, the contractor is liable for payment of state or local taxes
on this contract to the same extent that it would be liable for such taxes on a
contract with a nongovernment entity. Although it may be useful for the
contractor to inform the taxing authorities that the Maryland Procurement Office
(MPO) is a federal government agency, this fact alone does not in and of itself
create a tax exemption for the contractor. While dome transactions undertaken by
the contractor pursuant to this contract may be exempt from a state or local
tax, it is the Contractor's responsibility to identify such exertion under the
applicable statute, and to resolve the applicability of such with state or local
taxing authorities.
(End of Clause)
G.5 352.232-9007 ALLOCATION of CONTRACT COSTS, FIRM FIXED PRICE WITHOUT PROGRESS
PAYMENTS - AWARD (MAR 1998)
Because this contract is supported by two or more fund citations, all
requests for payments end invoices fitted for payment shill allocate costs taxed
on the line item end Accounting Classification reference (ACR) listed on the
order award document. An invoice sot properly allocated shall be considered and
improper invoice, under the Prompt Payment Act.
(End of clause)
G.10 352.242-9002 NOTICE CONTRACT ADMINISTRATION FUNCTIONS (MAR 1998)
(a) The Procuring Contracting officer (PCO) will retain all
administration functions under this contract except for those assigned to the
cognizant Defense Contract Management Commend (DCMC) component, is accordance
with part 42 of the FAR, part 242 of the DOD FAR supplement and the FCO's letter
dated 3 Feb. 2003.
(b) The Contractor's 5-position CAGE Code is 65598.
(c) The following administration functions ors hereby delegated to the
cognizant DCMC component (see FAR/DFARS references below):
(1) 42.3O2 (a) (1). Review the Contractor's compensation
structure
(2) 42.302(a)(5). Negotiate forward pricing rate agreements
(FAR 15.4073)
(3) 42.302(a)(9) Establish final indirect cost rates and
billing rates for those contractors meeting the criteria for
contracting officer determination in FAR Subpart 42.7,
47
Buyer: _____
Seller: _____
(5) 42.302(a)(16). Monitor the Contractor 's financial
condition and advise the contracting officer when it jeopardizes
contract performance.
(6) 42.302(a)(25). Process and execute novation and change of
name agreements under FAR Subpart 42.12
(7) 42.302(a)(33). Advise and assist contractors regarding
their priorities and allocations responsibilities and assist
contracting offices in processing requests for special assistance and
for priority ratings for privately owned capital equipment.
(8) 42.302 (a)(34). Monitor Contractor industrial relations
matters under the contract; apprise the contracting officer of actual
or potential labor disputes, and coordinate the remodel of urgently
required material from the strikebound contractor's plant, upon
instructive from, and authorization of the contracting officer.
(9) 42.302(a)(49). Monitor the Contractor's value engineering
program.
(10) 42.302(a)(50). Review, approve or disapprove, and
maintain surveillance of the Contractor's purchasing system (gee FAR
Part 44).
(15) 42.302(a)(66). Determine that the Contractor has a
drug-free workplace program and drug-free awareness program (See FAR
Subpart 23.5)
(16) 242.302(a)(9). For additional contract administration
functions related to IR&D/B&P projects performed by major contractors,
See 242.771-3(a).
(17) 242.3 02(a) (33). Also perform industrial readiness and
mobilization production planning field surveys and negotiate schedules.
(d) The following contract administration functions (marked (X) when,
applicable) are hereby delegated in Whole or in Part to the cognizant DCMC
component (see FAR/DFARS references below):
() (1) 42.302(a) (4). Review any evaluate contractors'
proposals under FAR Subpart 25.8 and, when negotiation will be
accomplished by the contracting officer, furnish comments and
recommendations to that officer.
( ) (2) 42.302(a) (6). Negotiate advance agreements applicable
to treatment of costs under contracts currently assigned for
administration (see FAR Subpart 31.109) Subpart 32.109).
(X) (3) 42.302(a) (26). Perform property administration and
plant clearance (see FAR Part 45).
( ) (4) 42.302(a) (28). Perform necessary Screening,
redistribution and disposes of contractor inventory
() (6) 42,302(a) (31). Perform production support,
surveillance, and status resorting, including timely reporting of
potential and actual slippage in contract delivery schedules.
() (7) 42.302 (a)(37). Review and evaluate preservation,
packaging and packing.
( ) (8) 43.302(a)(39), Ensure Contractor compliance with
contractual safety requirements. Note: see DFARS 233.370 for safely
requirements on contracts for ammunition and explosives.
( ) (10) 42.302(a) (60). Cause release of shipments from
Contractor's plants according to the shining instructions. When
applicable, the order of assigned priority shall be followed; shipments
within the same priority shall be determined by date of the
instructions.
48
Buyer: _____
Seller: _____
( ) (12) 42.302,(a) (65). Accomplish administrative closeout
procedures (see FAR Subpart 4.804.5).
( ) (13) 43.302 (a) (68) Monitor the contractors compliance
with the requirements of environmental laws including the Resource
Conservation and Recovery Act (RCRA) (42 U.S.C. 001, et.seq.) and other
environmental requirements as specified in the contract (see Part 23).
Responsibilities of the contracting officer shall include
(i) Verification of contractor compliance with
specification requirement the use of environmentally preferable and
energy-efficient materials and, the use of materials or delivery of end items
with the specified recovered material content, this shall occur as pert of the
quality assurance procedure get forth in Part 46.
(ii) As required in the contract, ensuring that the
contractor complies with the reporting requirements relating to recovered
material content utilized in contract performance. Monitor the contractors
compliance with the requirements of environmental laws including the Resource
Conservation and Recovery set (RCRA) (42 U.S.C. 6901, et.seq.) and other
environmental requirements as specified in the contract (see Part 23).
Responsibilities of the contracting officer shall include
( ) (14) 242.302 (a) (4) Also, review end evaluate
(A) Contractor estimating systems (see FAR 15.407)
and
(B) Contractor material management and accounting
systems under Subpart 242.72.
( ) (15) 243.302 1a1(33) Also perform industrial readiness and
mobilization production planning field survey and negotiate schedules.
( ) (17) 242.302(a) (41) The DCMC has responsibility for reviewing
earned value management system (EVMS) plans and verifying initial and continuing
contractor compliance with DoD EVMS criteria as required by DFARS Earned value
management systems 234.005.70.
(End of Clause)
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 IMPORTANT NOTICE: UNAUTHORIZED CHANGES
a. The Contractor shall not accept any instructions issued by any person other
than the Procuring activity CO or COR acting within limits of their authority.
CORs will be designated in writing to the contractor, and scope of their
authority will be set forth therein; and
(End of Clause)
H.2 352.204-9001 DISCLOSURE OF INFORMATION - CONTRACT (SEP 1996)
(a) DFARB 252.204-7000 and this clause shall govern any disclosure of
information regarding this contract. In using information authorized by this
clause, the contractor (1) shall not disclose any information concerning the
sponsorship of this contract, or (ii) the nature of the Government's interest in
and application of the subject matter of this contract unless this type of
information is expressly allowed to be disclosed by paragraph (b) and/or (c)
below, or by written approval of the cognizant Contracting Officer.
(b) The information listed below may be disclosed in proposals to
United States Government Agencies in response to requests for past performance
assessments: When this information is completed at time of contract award, the
document shall be
49
Buyer: _____
Seller: _____
marked "FOR OFFICIAL USE ONLY." If any of the information that follows changes
in your disclosure, the Contracting Officer must be notified in writing of the
change.
CONTRACT NUMBER: MDA904-03-D0355
CONTRACT TYPE: Firm Fixed Price: ID/IQ
AWARD DATE: (complete at award)______________
GOVERNMENT CONTRACTING ACTIVITY:
MARYLAND PROCUREMENT XXXXXX
0000 XXXXXX XXXX
XXXX XXXXXX X. XXXXX, XX 00000-0000
ORIGINAL CONTRACT VALUE: NTE
CURRENT OR COMPLETED CONTRACT VALUE: (contractor may update)
_________________________
PERIOD OF PERFORMANCE:
COMPETITIVE/NONCOMPETITIVE/FOLLOW-ON (circle, underline or highlight
appropriate description)
PROGRAM TITLE: KIV-7
CONTRACT EFFORT DESCRIPTION: (unclassified - as provided in
solicitation package and completed as part of the award document)
PLACE OF PERFORMANCE: Torrance, CA
POINT OF CONTACT/PHONE NUMBER:
CONTRACTING OFFICER:
PROGRAM MANAGER:
(c) For additional disclosures which require specific prior approval by
the Contracting Officer, once authorization to use any specific information has
been approved by the Contracting Officer, the contractor is authorized to reuse
such specific information without obtaining additional authorizations from the
Contracting Officer. The contractor shall maintain a log of the additional uses
and submit a copy of the log to the Contracting Officer when each additional
disclosure is made.
(End of Clause)
SECTIION H - SPECIAL CONTRACT REQUIREMENTS
H.3 352.204-9003 CONTRACTOR PERSONNEL CLEARANCES - CONTRACT (OCT 1993)
(a) It shall be the responsibility of the contractor to optimize the
use of currently cleared personnel in completing the requirements of this
contract. In the event that the contractor requires additional personnel
clearances, any delays incurred in the contract program and/or schedule as a
result of the time required to clear such personnel shall be the contractor's
responsibility. Under no circumstances shall the Government recognize a claim
for an equitable adjustment in the contract price and/or schedule as a result of
any delay due to the failure to have properly cleared personnel.
(b) It is understood that the contractor will provide personnel as
suitable replacements on a best efforts basis.
(End of Clause)
H.4 352.204-9008 CONTROL OF COMMUNICATIONS SECURITY (COMSEC) MATERIAL (FEB 2002)
The accountable COMSEC material produced under the contract, or
provided as Government Furnished Property, will be distributed through COMSEC
distribution channels. The contractor shall establish a COMSEC account, nominate
a custodian and alternate custodian and control the material in accordance with
procedures specified in the "NSA Manual 00-0 (XXX Xxxxxxxxxx XXXXXX Xxxxxx)"
dated October 2001. Existing COMSEC accounts established as a result of previous
or other contracts may be used.
(End of Provision)
50
Buyer: _____
Seller: _____
H.5 352.204-9009 ACQUISITION OF COMSEC EQUIPMENTS, COMPONENTS, AND PARTS OUTSIDE
THE UNITED STATES (OCT 1993)
(a) Definitions.
(1) "COMSEC equipment", as used in this clause, means equipment
designed to provide security to telecommunications by converting
information to a form unintelligible to an unauthorized
interceptor and by reconverting such information to its original
form for authorized recipients; as well as equipment designed
specifically to aid in, or as an essential element of, the
conversion process. COMSEC equipment is crypto-equipment,
crypto-ancillary equipment, and authentication equipment.
(2) "Component", as used in this clause, means any assembly or
subassembly incorporated directly into an end product. An
assembly is a group of parts, elements, subassemblies and
circuits assembled as a separately removable item of COMSEC
equipment. A subassembly is a major subdivision of an assembly.
(3) "Part", as used in this clause, means any single, unassembled
element of a major or minor subassembly, accessory, or attachment
which is not normally subject to disassembly without the
destruction or the impairment of the design use.
(4) "Contractor", as used in this clause, means the supplier of the
end item and associated support items to the Government under the
terms of a specific contract.
(5) "Subcontractor", as used in this clause, means a person or
business that contracts to provide some service or material
necessary for the performance of another's contract.
(6) "Vendor", as used in this clause, means a person or agency that
sells supplies or materials to a contractor or subcontractor.
(7) "United States", as in this clause, means all areas under the
territorial sovereignty of the United States (U.S.) and the Trust
Territory of the Pacific Islands.
(b) No subcontracts or purchase order which involve design, manufacture,
production, assembly, inspection, or test in a location not in the
U.S. of COMSEC equipment, components, or parts, which are not covered
by a specification or standard shall be made under this contract,
without the prior written approval of the contracting officer. The
contractor further agrees to include this clause in any or all
subcontracts or purchase orders he may let pursuant to this contract
for COMSEC equipment, components, or parts, except those
subcontracts/purchase orders for which waiver is required, i.e.,
non-US sources. The contractor may procure standard off-the-shelf
parts from a distributor located in the United States regardless of
the location of the parts design, manufacture,
51
Buyer: _____
Seller: _____
production, assembly inspections, or test, providing that the
anonymity requirements of this clause are implemented. Parts used only
in COMSEC equipment are not considered standard off-the-shelf parts.
Under no circumstances shall any custom integrated circuit, hybrid,
multi-chip module or the documentation associated with these devices
or any likeness, thereof, be sent outside the U.S. for additional
processing or assembly. In addition, all memory devices, including
field programmable gate arrays (FPGAs) with security-related functions
are programmed onshore.
(c) Requests for permission to deviate from the requirements of paragraph
(b) will be handled on a case-by-case basis through the contracting
officer. Each waiver request must provide a strong and compelling
reason why the waiver should be granted in addition to the benefit the
Government would gain by the granting of a waiver. Furthermore, prior
to the approval of any waiver, the contractor shall demonstrate to the
Government through submission of an acceptable Anonymity Plan (data
item DI-MGMT-90051), that procedures are in place to ensure that the
offshore vendor remains unaware of the relationship between the prime
contractor and the Department of Defense and/or Maryland Procurement
Office (MPO). As a minimum, the following conditions will be imposed
if a waiver is granted:
(1) Purchase orders and drawings provided to a subcontractor or
vendor outside the United States shall not carry any
identification that reveals a contractor relationship with
the Department of Defense and the MPO. This restriction
includes the contractor's prime contract number with the
Government and 98230/ONXXXXXX parts identification numbers.
(2) The prime contractor, when required to xxxx items with the
manufacturer's code 98230 or drawing numbers ONXXXXXX, shall
only xxxx these items at a facility located within the U.S.
Marking parts with ON markings and the 98230 code specifies
that the parts are for MPO use only. If parts marked with
the MPO identification code (including rejects and parts not
usable for MPO programs) are allocated for non-MPO programs
for resale to other customers, then markings associated with
the MPO identification code must be removed from the parts
before the parts are sent to non-MPO programs or other
customers.
(3) The Government has the right to an equitable adjustment to
the contract price as consideration for granting approval to
acquire COMSEC equipment, components and parts from sources
outside the United States (unless the waiver was granted
prior to contract award).
H.0 000-000-0000 NOTICE: CONTRACT ADMINISTRATION AND CLOSEOUT GUIDANCE (JUL
2001)
The following guidance is provided for your use in administering and
closing out the contract. When the contract is complete, the contractor shall
initiate final accounting and disposition. This shall be done in accordance with
the following instructions. If a portion of the instructions are not applicable
to this contract, then disregard that portion.
52
Buyer: _____
Seller: _____
(a) Government Furnished Property/Documents
(1) The cognizant property administration office (Defense
Contract Management Command (DCMC) and/or Office of Naval Research
(ONR) is designated to administer the maintenance by the contractor of
official Government Property Records for all Government
property/documents. See Section G - Contract Administration Data for
the cognizant office of this contract.
(2) The contractor shall sign (1) copy of the shipping or
inspection document acknowledging receipt of property/documents and
forward same to the designated property administrator.
(3) At the end of the contract, the contractor shall submit
the Government Furnished Property/Documents Inventory Schedule,
requesting disposition, to the cognizant office. The cognizant property
administration office shall then obtain the disposition instructions
from the contracting Officer's Representative (COR), and they will
forward them to the contractor. The contractor shall provide the
cognizant office with a declaration that all Government furnished
property/documents have been accounted for or expended (disposition is
complete) in the performance of the contract. The cognizant property
administration office will provide the MPO and the COR with the
appropriate releases.
(b) Contractor Acquired Property. At the end of the contract, the
contractor shall submit the Contractor Acquired Property list, requesting
disposition, to the cognizant property administration office. This office will
then obtain the disposition instructions from the COR, and then will forward
them to the contractor. The contractor shall provide the cognizant office with a
declaration that Contractor Acquired Property has been dispositioned as
requested. The cognizant property administration office will provide the MPO and
the COR with the appropriate releases.
(c) Plant Clearance. The cognizant property administration office is
automatically delegated plant clearance procedures.
(d) Classified Material/Documents (DD254 on the contract. The
disposition/retention action of classified holding should be initiated pursuant
to paragraphs 5.l and 5.m of the Industrial Security Manual. The inventory shall
be submitted to the Director, NSA/CSS, ATTN: (the applicable COR with office
designator), 0000 Xxxxxx Xxxx, Xx. Xxxxxx X. Xxxxx, Xxxxxxxx 00000-0000. After
compliance with the COR's disposition instructions, the contractor shall submit
evidence of compliance, certified by the CSSO, to the MPO (ATTN: DA3
(Contracting Officer's nane), Maryland Procurement Office, 0000 Xxxxxx Xxxx, Xx.
Xxxxxx X. Xxxxx, Maryland 20755-6000), with a courtesy copy to Q13 and the COR.
(e) Report of Inventions and Subcontracts (Form DD882). Pursuant to the
Patent Rights Clause of this contract, the contractor shall submit the DD Form
882 to the Director, NSA/CSS (the applicable COR with office designator), 0000
Xxxxxx Xxxx, Xx. Xxxxxx X. Xxxxx, Maryland 20755-6000, with a courtesy copy to
the MPO (ATTN: DA3 (Contracting Officer's name), Maryland Procurement Office,
9800 Savage Road, Ft. Xxxxxx X. Xxxxx, Maryland 20755-6000).
(End of Clause)
H.7 352.211-9005 NOTICE: SPECIAL PROVISION FOR LATE DELIVERY (OCT 1993)
If the Contractor fails to make delivery of the items called for herein
on or before the contractual delivery date without proof of an excusable delay
as defined in the Default provision of this contract, and the Government does
not elect to terminate performance in accordance with the termination provisions
of this contract, then the parties shall promptly and in good faith negotiate an
extended delivery schedule in exchange for adequate consideration from the
Contractor. Should the parties fail to reach agreement on such a modification,
the Contracting Officer may unilaterally determine what constitutes a reasonable
delivery schedule and the consideration therefore. Failure to agree to such
schedule and consideration shall be a dispute concerning a question of fact
within the meaning of the clause of this contract
53
Buyer: _____
Seller: _____
entitled "Disputes". The rights and remedies set forth in this clause shall not
be exclusive and are in addition to any other rights and remedies provided by
law or under this contract. The primary purpose of this clause is to clarify
existing terms of the contract.
(End of Clause)
H.8 352.211-9000 NOTICE: INCORPORATION OF SECTIION K BY REFERENCE (AUG 1998)
In accordance with the FAR 15.204-1 (b), Part IV of the Uniform
Contract Format shall not be physically included in the contract, but Section K,
Representations, Certifications, and Other Statements of Offerors (as completed
by the Contractor) shall be deemed incorporated by reference in the contract.
(End of Clause)
H.9 352.227-9000 SOFTWARE REQUIREMENT (AUG 1996)
The Contractor warrants that, to the best of its knowledge and belief,
software provided under this contract does not contain any malicious code,
program, or other internal component (e.g. computer virus) which could damage,
destroy, or alter software, firmware, or hardware or which could reveal any data
or other information accessed through or processed by the software. Further, the
Contractor shall immediately inform the Contracting Officer upon reasonable
suspicion that any software provided hereunder may cause the harm described
above.
(End of Clause)
H.11 352.227-9005 NOTIFICATION OF FOREIGN ORIGIN SOFTWARE AND/OR FIRMWARE (OCT
1999)
Officers/Contractor shall notify the Contracting Officer in writing if
any foreign manufactured, developed, maintained and/or modified software and/or
firmware will be used or included in the deliverables under this contract.
Foreign-origin software and/or firmware that is merely a possible candidate for
use under this contract shall also be identified. Notification pursuant to this
clause must include the identity of the foreign source and the nature of the
software application, and is required as soon as there is a reason to know or
suspect foreign origin.
MPO reserves the right to exclude foreign-origin software and/or
firmware from use under contract on a case-by-case basis.
(End of Clause)
H.13 352.244-9000 NOTICE: SOBCONTRACTOR WITH CANADIAN CONTRACTORS (OCT 1993)
Provided the sponsoring Government Activity is not disclosed, the
officer is not prohibited from subcontracting with Canadian Contractors, unless
the work to be performed under any resulting contract is classified in nature.
Federal Acquisition Regulation (FAR), Part 44, Subcontracting Policies
and Procedures, particularly Subpart 44.2 - Consent to Subcontract, applies.
In addition to those clauses which the prime contractor is normally
required to insert in subcontracts, the following must be included, as required:
FAR 52.225.13 Restrictions on Certain Foreign Purchases
(AUG 1998)
DFARS 252.225-7028 Reporting of Contract Performance Outside the
United States
(End of Clause)
54
Buyer: _____
Seller: _____
H.14 352.251-9000 SINGLE-SCOPE BACKGROUND INVESTIGATION (SSBIs) FOR CONTRACTOR
PERSONNEL (JAN 2002)
Under the authority granted to the Agency by OASD (CSI) to outsource
SBBIs for NSA applicants and contractor personnel with critical skills for the
FY2002, the following contractors are under contract with MPO and are
credentialed to provide the SSBI portion of the clearance process to contractor
personnel endorsed by the appropriated Program Office. Contractor personnel
utilizing this process must be endorsed by the appropriate Contracting Officer's
Representative (COR) via a Sponsorship Letter (Form G3542). Contractors choosing
to utilize this process for obtaining SSBIs are responsible for contracting for
the services from either one of the Background Investigation (BI) providers
listed herein. Use of the BI providers services is the responsibility of the
contractor and requires a separate contractual agreement between the contractor
and the BI provider. Contractors may still choose to use Defense Security
Service (DSS) for background investigations, at no cost. All costs charged to
any resultant Agency contract for SSBIs performed by the BI provider shall not
exceed the prices provided below.
MSM Security Svc. ADC, LTD.
Firm Fixed Price
SSBI - 30 Day Delivery $ 1,872.43 $ 1,750.00
SSBI - 60 Day Delivery $ 1,872.43 $ 1,690.00
Labor Hour Rate
Investigator $ 34.85 $ 42.35
Administration $ 44.21 $ 37.00
The Contractor Staff Security Officer (CSSO) determines the 30 or 60
day turnaround time (based upon geography). The Labor Hour rates are for
cancelled or terminated SBBIs, as determined by S4, the cost of which is not to
exceed cost of a completed SBBI.
MSM Security Services Inc. ADC, LTD
POC: Xx Xxxxxxx/Xxxx Xxxxx POC: Art Xxxxxxx
Phone # 000-000-0000 Phone #: 000-000-0000
In accordance with the contractor's certification in Section K -
Representations and Certifications, the costs of the SSBI in any resultant
contract shall be a(n) charge.
(End of Clause)
H.15 352.290-9002 TESTING OF ELECTRONIC EQUIPMENT (AUG 1994)
Research, development, test and evaluation by the contractor of
electronic equipment or systems which have the capability to acquire the
contents of communications may be governed by the United States electronic
surveillance laws, including the Foreign Intelligence Surveillance Act of 1978
(FISA), 50 U.S.C. 1801-1810 and Title III of the Omnibus Crime Control and Safe
Streets Act of 1968, 18 U.S.C. 2510-2520. The contractor shall conduct all
testing of electronic equipment pursuant to this contract which may acquire
nonpublic communications in accordance with United States law, including
specifically the provisions of 50 U.S.C. 1805(f) (1).
(End of Clause)
H.16 352.290-9002 USE OF NON-GOVERNMENT PERSONNEL BY THE MARYLAND PROCUREMENT
OFFICE FOR CONTRACT CLOSEOUT (JUN 2001)
Contractor personnel who have executed a non-disclosure agreement with
this office may administratively handle documentation associated with this
contract for
55
Buyer: _____
Seller: _____
closeout purposes. Your signature on this document constitutes acknowledgement
and acceptance of the Maryland Procurement Office's use of contractor personnel
in the administrative closeout of this contract.
Documentation may include, but is not limited to, proprietary
information, rate information, billing information and supporting documentation.
(End of Clause)
SECTION I - CONTRACT CLAUSES
I.1 REFERENCED CLAUSES
The following contract clause(s) pertinent to this section is/are
hereby incorporated.
CLAUSE NO. TITLE
---------- ---------------------------------------------------------------
52.202-01 DEFINITIONS (DEC 2001)
00-000-00 GRATUITIES (APR 1994)
52.203-05 COVENANT AGAINST CONTINGENT FEES (APR 1994)
52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL
1995)
52.203-07 ANTI-KICKBACK PROCEDURES (JUL 1995)
52.203-08 CANCELLATION, RECISSIION, AND RECOVERY OF FUNDS FOR ILLEGAL OR
IMPROPER ACTIVITY (JAN 1997)
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
(JUL 1995)
52.211.05 MATERIAL REQUIREMENTS
52.211-06 BRAND NAME OR EQUAL (AUG 1999)
52.211-15 DEFENSE PRIORITY ALLOCATION REQUIREMENTS
52.215-08 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997)
52.219-08 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2000)
52.222-03 CONVICT LABOR (AUG 1998)
52.222-20 XXXXX-XXXXX PUBLIC CONTRACTS ACT (DEC 1996)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)
52.222-36 AFFIRMITIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)
52.223-06 DRUG-FREE WORKPLACE (MAY 2001)
52.223-07 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)
52.223-14 TOXIC CHEMICAL RELEASE REPORTING (OCT 2000)
52.225-11 BUY AMERICAN ACT -- CONSTRUCTION MATERIALS UNDER TRADE AGREEMENT
(MAY 2002)
)
00-000-00 DISPUTES
00-000-00 BANKRUPTCY (JUL 1995)
00-000-00 CHANGES - FIXED PRICE (AUG 1987)
00-000-00 SUBCONTRACTS (AUG 1998)
00-000-00 GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS) (DEC 1989)
00-000-00 LIMITATION OF LIABILITY (FEB 1997)
00-000-00 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)
(SHORT FORM) (APR 1984)
00-000-00 DEFAULT (FIXED PRICE SUPPLY AND SERVICE) (APR 1984)
52-253-01 COMPUTER GENERATED FORMS (JAN 1991)
252.203.7001 DISCLOSURE OF INFORMATION (DEC 1991)
252.204.7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
252.204.7004 REQUIRED CENTRAL CONTRACTOR REGISTRATION (NOV 2001)
252.208.7000 ACQUISITION FROM SUBCONTRACTORS SUBJECT TO ON-SITE INSPECTION
UNDER THE INTERMEDIATE-RANGE NUCLEAR FORCES (INF) TREATY (NOV
1995)
252.223.7004 DRUG-FREE WORK FORCE (SEP 1988)
252.225.7009 DUTY-FREE ENTRY - QUALIFYING COUNTRY SUPPLIES (END PRODUCTS AND
COMPONENTS) (AUG 2000)
252.225.7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2002)
56
Buyer: _____
Seller: _____
252.225.7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 1992)
252.227.7013 RIGHTS IN TECHNICAL DATA - NONCOMMERCIAL ITEMS (NOV 1995)
252.227.7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL
COMPUTER SOFTWARE DOCUMENTATION (JUN 1998)
252.231.7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)
252.243.7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
252.243.7003 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)
252.247.7028 TRANSPORTATION OF SUPPLIES BY SEA (MAY 2002)
252.251.7000 ORDERING FROM GOVERNMENT SUPPLY SOURCES (MAY 1995)
I.4 52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1995)
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. Also, the full text of
a clause may be accessed electronically at this/these address(es)
FAR: xxxx://xxx.xxxxx.xxx/xxx/
DFARS: xxxx://xxx.xxx.xxx.xxx/xx/xxxx/xxxxx.xxxx
(End of Clause)
SECTION J - LIST OF ATTACHMENTS
J.1 LIST OF ATTACHMENTS
J.1.2 KIV-7HSB Integration and Operation's Manual (Mykotronx Document).
J.1.2 XXX XXX-XXX-00-00, dated 18 February 1998 (previously provided under MDA904-9B-D-C104).
J.1.3 Contract Security Classification Specification, DD Form 254, dated 13 May 2002, 9 pages
J.1.4 Contract Data Requirements List (CDRL) for the KIV-7HSB, DATED 29 March 2002, 4 PAGES
(End of Clause)
57
Buyer: _____
Seller: _____
ATTACHMENT I
TESTING REQUIREMENTS AND PROCEDURES
1. KIV-7HSB BENCH TEST PROCEDURE (BTP-02-01)
2. KIV-7HSB BURN-IN TEST PROCEDURES (BTP-02-02)
3. KIV-7HSB FUNCTION TEST PROCEDURES (BTP-02-03)
4. KIV-7HSB REWORK TEST PROCEDURES (BTP-02-04)
58
Buyer: _____
Seller: _____