Exhibit 10.ab
DLA BERYLLIUM METAL 001
I.1 SALE OF GOVERNMENT PROPERTY NEGOTIATED SALES CONTRACT (JUL 97)
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SALE OF GOVERNMENT PROPERTY CONTRACT NUMBER PAGE 1 OF 2
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NEGOTIATED SALES CONTRACT SPO833-00-S-03024
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This contract is entered late by and between the United States of America,
hereinafter called the "Government," represented by the Contracting Officer
executing this contract and the Contractor below identified. The Government
agrees to sell and the Contractor agrees to buy the material described below in
accordance with the terms and conditions of DLA-BERYLLIUM METAL 001. In the
event of a conflict between the terms of the Solicitation and the Negotiated
Sales Contract, the terms of the Negotiated Sales Contract shall govern.
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ITEM PROPERTY DESCRIPTION AND LOCATION QUANTITY UNIT UNIT PRICE AMOUNT
(No of Unit(s))
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BERYLLIUM METAL
240,000.00 LBS $70.00 $16,800,000.00
SEE PAGE 2 OF 2 AND
ATTACHMENT A.
CONTRACT PERIOD: 1/1/2003 - 9/30/2006
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EXECUTION BY CONTRACTOR EXECUTION BY GOVERNMENT
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DATE (Day, Month, Year) UNITED STATES OF AMERICA DATE
BY:
14/02/2000
--------------------------------------------------------- Xxxxxxxx Xxxxxxxxx 2/14/00
NAME OF CONTRACTOR
BRUSH XXXXXXX, INC.
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ADDRESS (Street, City, State & Zip Code) (Type or Print) NAME AND TITLE OF CONTRACTING OFFICER
17876 ST. CLAIR AVENUE
CLEVELAND, OH 44060
Telephone Number: (000) 000-0000 XXXXXXXX XXXXXXXXX
Facsimile Number: (000) 000-0000
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SIGNATURE AND TITLE OF PERSON AUTHORIZED TO SIGN
THIS CONTRACT (Type or print name and title under signature) Contracting Officer DNSC-P1
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(Agency)
/s/ Xxxxxxx X. Xxxxxxxx
Xxxxxxx X. Xxxxxxxx
Vice President, Beryllium Products
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CONTRACT SPO833-00-S-03024
BRUSH XXXXXXX, INC. PAGE 2 OF 2
CONTRACT SPO833-00-S-03024 IS A FOLLOW-ON CONTRACT TO CONTRACT
SPO833-00-S-02079. THESE TWO CONTRACTS HAVE BEEN SEPARATED SOLELY FOR THE
DEFENSE NATIONAL STOCKPILE CENTER'S (DNSC) ADMINISTRATIVE BENEFIT.
1. UNIT PRICE: The awarded contract unit price is the adjusted awarded contract
unit price in effect at the expiration of Contract SPO833-00-S-02079. This
contract unit price shall be adjusted in accordance with Paragraph 3 of this
contract.
2. QUANTITY: 240,000 LBS (120 ST); An itemized list of material will be provided
to the Contractor prior contract performance.
3. PRICE INDEX:
A. The contract unit price shall fluctuate yearly based on the prior year's
average of the monthly U.S. city average of the non-seasonally adjusted Consumer
Price Index for All Urban Consumers (CPI-U) and all items. DNSC shall provide
the Contractor with the monthly average of the CPI-U.
b. The CPI-U is generally released to the public by the Bureau of Labor
Statistics during the third week of the following month. If shipment is
requested prior to receipt of a needed CPI-U change, the unit price will be the
same as that for the prior period until it can be properly adjusted.
4. PAYMENT: Payment shall be made within fifteen (15) days of receipt of a
request for release of material (or shipping instructions) at the DNSC's Fort
Belvoir, VA location. DNSC will issue an invoice based on the Contractor's
request for release of material (or shipping instructions). However, payment is
due within fifteen (15) days whether or not an invoice is received by the
Contractor.
5. CONTRACT PERIOD: This Contract is effective from January 1, 2003 through
September 30, 2006.
6. REMOVAL OF MATERIAL: Material shall be removed on a yearly basis in
accordance with the minimums listed in Attachment A. The balance of the material
may be removed at any time during the contract period if notice is given in
accordance with Section F-1 of the solicitation. Removal made later than
indicated on Attachment A will be considered a failure to remove material in a
timely manner.
7. DLA SALES AUTHORITY: the execution of contract modifications for contract
performance for Fiscal Years 2003 through 2006 is dependent upon sales authority
for quantities in those fiscal years.
8. OTHER TERMS AND CONDITIONS: Unless changed by this contract, the terms and
conditions as stated in the solicitation are included in full force and effect
in this contract.
INITIALS MDA/II
ATTACHMENTS
CONTRACT SPO833-00-S-03024 PAGE 1 OF 1
BRUSH XXXXXXX, INC.
ATTACHMENT
CONTRACT PERIOD MINIMUM
REMOVAL QUANTITY
2003 30
2004 30
2005 30
2006 30
