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Commercial Aircraft Terms and Conditions

MODIFICATIONS TO GENERAL TERMS AND CONDITIONS C-17 (PRODUCTION)(FAR)

The following modifications are hereby made to Form DAC 26-800:

1. Delete the following listed Clauses in Paragraph (a) of Article 33:

(21) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation.

(33) 52.227-9 Refund of Royalties.

(43) 52.247-63 Preference for U.S. - Air Flag Carriers.

(44) 52.247-64 Preference for Privately Owned U.S. - Flag Commercial Vessels.

2. Add the following listed Clauses to Paragraph (a) of Article 33:

(45) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. The term "Offeror" shall mean Seller.

(46) 52.246-24 Limitation of Liability -- High Value Items. This Clause shall apply to those high value items identified in this Contract as being subject to this Clause.

3. Add the following Clauses in Paragraph (b) of Article 33:

(29) 252.209-7001 Acquisition From Subcontractors Subject to On-site Inspection Under the Intermediate - Range Nuclear (INF) Treaty. This Clause only applies if the Contract price exceeds $25,000.

(30) 252.210-7005 Acquisition Streamlining.

(31) 252.215-7001 IMIP Productivity Savings Rewards. This Clause is applicable to any subcontractor who is a participant in a DoD-approved Industrial Modernization Incentive Program (IMIP) business agreement. The term "Contracting Officer" shall mean the Contracting Officer or MDC.

(32) 252.223-7005 Notice of Radioactive Materials. Insert "45 days" into the blank in Paragraph (a) of the Clause. This Clause applies to those subcontracts meeting the criteria contained in Paragraph (a) of this Clause. The term "Contracting Officer or designee" shall mean the MDC Purchasing Representative and the term "Government" shall mean the Government or MDC.

(33) 252.247-7203 Transportation of Supplies by Sea. The information required by Paragraph (e) shall be submitted to MDC's Purchasing Representative.

(34) 252.271-7001 Recovery of Nonrecurring Costs on Commercial Sales of Defense Products and Technology and of Royalty Fees for Use of DOD Technical Data. This Clause applies to all subcontracts for components or items which can be sold commercially and which meet or are expected to meet, the threshold set forth in this Clause.

4. Add the following information to Clause (17) in Paragraph (b) of Article 33:

(17) 252.225-7014 Duty-Free Entry -- Additional Provisions. The following information is required to be furnished pursuant to this provision:

ACO:
Activity Address:

Tim Nowicki
DPRO, Douglas Aircraft Co.,
3855 Lakewood Boulevard
Long Beach, California 90846-0001
Activity Address Number: DLA8DL
Prime Contract Number: F33657-89-C-0001
Prime Contract Dollar Value: $1,142,210,000.00
Prime Contract Expiration Date: August 31, 1993

5. 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.

DAC 26-905 (06-92) Page 2 of 2

(39) QUALITY CONTROL OF BREATHING OXYGEN

The Seller shall comply and shall require its subcontractors to comply with the provisions of MIL-0-27210E dated 21 Jul 77 (including quality control testing) and Fed specification BBA1034 dated 15 Dec 70 for the purchase and control of breathing oxygen and compressed breathing air. The Seller shall comply with MIL-STD-1551A, dated 23 Feb 76, "Quality Control of Gaseous and Liquid Aviator's Breathing Oxygen at Aircraft Contractor's Facilities."

(40) ACKNOWLEDGMENT OF SPONSORSHIP

a. The Seller agrees that in the release of information relating to this Contract, such release shall include a statement to the effect that the projector effort was or is sponsored by the Aeronautical Systems Division (AFSC), Wright-Patterson AFB, Ohio. Prior to public release, this information will be processed through the ASD office of Public Affairs, ASD/PA, according to the administrative guidelines of that office.

b. For the purpose of this Clause, "information" includes but is not limited to, news releases, articles, manuscripts, brochures, advertisements, still and motion pictures, speeches, trade association meetings, symposia, etc.

c. Nothing in the foregoing shall affect compliance with the requirements of the contract entitled "Security Requirements".

d. The Seller agrees to include this Clause in any subcontract awarded as a result of this Contract.

(END)