MODIFICATIONS TO GENERAL TERMS AND CONDITIONS KC-10 (LOGISTICS SUPPORT)
The following modifications are hereby made to Form DAC 26-800:
1. Add the following at the end of Article 6:
If this Contract calls for the performance of services, MDC may also make changes in accordance with this Article, in the definition of the services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof.
2. The following listed Clause as set forth in Paragraph a. of Article 33 is not applicable to commercial end products as defined by FAR Part 11:
(4) 52.208-1 Required Sources for Jewel Bearings and Related Items.
3. The following listed Clause as set forth in Paragraph b. of Article 33 is not applicable to commercial end products as defined by FAR Part 11:
(3) 252.208-7000 Required Sources for Miniature and Instrument Ball Bearings.
4. The following end products are exempted from DoD FAR Supplement 252.225-7001, Buy American Act and the Balance of Payments Program, under Paragraph b. of Article 33:
| End Product | Country of Origin |
|---|---|
| Evacuation Slide Container | Australia |
| Pressure Ducts | Australia |
| Airspeed Indicator | England |
| Horizontal Indicator Inventor | France |
| Rudder/Stabilizer Fuselage Panels | Italy |
| Upper Vertical Stabilizer | Italy |
| Tail Cone | Japan |
| Main Landing Gear Door Fillets | Spain |
| Wing Mounted Pods | England |
5. Delete the following listed Clauses in Paragraph a. of Article 33:
(2) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions.
(3) 52.204-2 Security Requirements.
(15) 52.215-27 Termination of Defined Benefit Plans.
(26) 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era.
(30) 52.225-13 Restriction on Contracting With Sanctioned Persons.
(33) 52.227-9 Refund of Royalties.
(34) 52.227-10 Filing of Patent Applications -- Classified Subject Matter.
(35) 52.227-11 Patent Rights -- Retention by the Contractor (Short Form).
(36) 52.227-12 Patent Rights -- Retention by the Contractor (Long Form).
(38) 52.245-2 Government Property.
(39) 52.245-17 Special Tooling.
(40) 52.245-18 Special Test Equipment.
DAC 26-870 (06-92) Page 2 of 3
(43) 52.247-63 Preference for U.S. - Flag Air Carriers.
(44) 52.247-64 Preference for Privately Owned U.S. - Flag Commercial Vessels.
6. The following listed Clause in Paragraph b. of Article 33 applies to KC-10 peculiar requirements only:
(16) 252.225-7011 Preference for Domestic Specialty Metals (Major Programs).
7. Add the following listed Clauses to Paragraph a. of Article 33:
(45) 52.225-11 Certain Communist Areas. This Clause only applies if acceptance is to take place outside the United States, its possessions, or Puerto Rico.
(46) 52.246-24 Limitation of Liability -- High Value Items. This Clause only applies when the contract unit price exceeds $100,000 each.
(47) 52.251-1 Government Supply Sources. The term "Contracting Officer" means MDC's Purchasing Representative.
8. Add the following listed Clauses to Paragraph b. of Article 33:
(29) 252.225-7003 Industrial Modernization Incentive Program.
(30) 252.225-7012 Preference for Domestic Specialty Metals. This Clause applies to KC-10 peculiar requirements only.
(31) 252.228-7001 Ground and Flight Risk. For purposes of this Clause, the words "Administrative Contracting Officer" are hereby inserted in the blank spaces followed by an asterisk in this Clause. For the purpose of Subparagraph (b)(iv)of the Clause, the term "Contractor Premises" means the ACO approved premises owned or leased by the contractor or subcontractor and ACO approved premises which contractor or subcontractor has a permit, license or other right to use including, but not limited to, airfields, runways, aprons, ramps, taxiways, waterways and aircraft parking areas adjoining any such premise. For the purposes of Subparagraph (e) of the Clause, the words "each event separately occurring" means, "each event per aircraft separately occurring." The term "aircraft" in Subparagraph (b)(i)(A) of the Clause is defined to mean helicopters, including the complete helicopter, and helicopters in the course of being manufactured, disassembled, or reassembled if an engine or portion of the main rotor assembly is attached to the helicopter.
(32) 252.231-7000 Supplemental Cost Principles. This Clause applies if this Contract is in excess of $25,000.
(33) 252.251-7000 Ordering from Government Supply Sources. The term "Contracting Officer" means
MDC's Purchasing Representative and any Report made pursuant to Paragraph (b) shall be sent through MDC's Purchasing Representative.
9. Delete the following listed Clauses in Paragraph b. of Article 33:
(4) 252.208-7001 Required Sources for Precision Components for Mechanical Time Devices.
(5) 252.208-7002 Required Sources for High-Purity Silicon.
(6) 252.208-7003 Required Sources for High Carbon Ferrochrome.
(7) 252.208-7004 Notice of Intent to Furnish Precious Metals as Government-Furnished Material.
(8) 252.208-7005 Required Sources for Forging and Welded Shipboard Anchor Chain Items.
(9) 252.208-7006 Required Sources for Anti-Friction Bearings.
(11) 252.223-7001 Safety Precautions for Ammunition and Explosives.
(12) 252.223-7002 Change in Place of Performance -- Ammunition and Explosives.
(18) 252.227-7013 Rights in Technical Data and Computer Software.
DAC 26-870 (06-92) Page 3 of 3
(19) 252.227-7018 Restrictive Markings on Technical Data.
(20) 252. 227-7027 Deferred Ordering of Technical Data or Computer Software.
(21) 252.227-7029 Identification of Technical Data.
(22) 252.227-7030 Technical Data -- Withholding of Payment.
(23) 252.227-7036 Certification of Technical Data Conformity.
(24) 252.227-7037 Validation of Restrictive Markings on Technical Data.
(26) 252.235-7004 Frequency Authorization.
(28) 252.246-7001 Warranty of Data.
10. Delete Paragraph (c) in its entirety.
11. Add the following new Articles:
38. NOTIFICATION OF DEBARMENT/SUSPENSION STATUS
Seller shall provide immediate notice to MDC in the event of being suspended, debarred or declared ineligible by any Department or other Federal Agency, or upon receipt of a notice of proposed debarment from a DOD Agency, during the performance of this Contract.
39. REPAIR OF MDC OR GOVERNMENT PROPERTY DAMAGED BY THE SELLER
The liability for repair of damaged Government property shall be governed by the terms of this Contract. In those instances where the MDC Purchasing Representative determines that an equitable adjustment in the Contract price is appropriate for the repair of damaged MDC- or Government-furnished property, the cost of such repair/restoration shall be subject to negotiation between MDC and the Seller. Where the damage is caused by Seller, the ultimate remuneration negotiated shall be limited to actual or projected allowable cost for such repair/restoration.
40. GOVERNMENT PERFORMANCE OF SERVICES DURING LABOR STRIKES
a. Because the services called for under this Contract are of critical importance to the Air Force, on behalf of the Government, MDC reserves the right to take over performance of this Contract in the event of a labor strike by the Seller's employees which impairs the Seller's ability to satisfactorily perform the contract. In such event, the services shall be performed exclusively by Air Force employees and not a mix of Air Force and nonstriking Seller employees. Under such circumstances and at the direction of MDC, the Seller agrees to remove its nonstriking force from the performance site and not to interfere in any way with Government performance. The Seller further agrees under such circumstances to permit the Government to use any essential Seller furnished property. The Government will equitably compensate the Seller for use of such property.
b. The Seller will not be entitled to payment for any performance period or part thereof during which the Government assumes performance pursuant to this Clause. This Clause does not limit MDC's rights under any other Clause of this Contract.
c. This Article applies only to work performed on Government facilities (including a Main Operating Base [MOB]).
41. RIGHTS OF THE GOVERNMENT TO PERFORM FUNCTIONS WITH ITS OWN PERSONNEL
a. On behalf of the Government, MDC reserves the right to perform or supplement performance of contract functions with Government personnel during periods of disaster, war emergencies, police actions, or acts of God.
b. The performance described in (a) above will not constitute a breach of contract by MDC.
c. This Article applies only to work performed on Government facilities (including a MOB).
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