Integrated Defense Systems - The Purchasing System - St. Louis, MO
Special Purchase Order Condition (SPOC)

FLOW DOWN SPOCS

SPOC: 8001

REVISION DATE: 01-24-96
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 02-03-97
The following clauses from the 1991 Edition of the Department of Defense (DoD) Federal Acquisition Regulations (FAR) hereby replace the DFARS listed in the General Terms and Conditions, Government Contract, Section B (1) 252.203-7001 - Special Prohibition on Employment. (Excluding para (g)) This clause only applies if this contract exceeds $25,000. (2) 252.204-7000 - Disclosure of Information. Seller will submit requests for authorization to release through MDC. (3) 252.209-7000 - Acquisition from Subcontractors Subject to On-Site Inspection Under the Intermediate Range Nuclear Forces (INF) Treaty. This clause only applies if this contract exceeds the small purchase limitation. (4) 252.210-7003 - Acquisition Streamlining. This clause only applies if this contract exceeds $1,000,000. (5) 252.215-7003 - Industrial Modernization Incentive Program. This clause only applies if the Seller is participating in an approved IMIP business agreement. (6) 252.223-7001 - Hazard Warning Labels (7) 252.223-7002 - Safety Precautions for Ammunition and Explosives. This clause applies to contracts for Ammunition and/or Explosives as those terms are defined in this DFARS clause. (8) 252.223-7003 - Change in Place of Performance - Ammunition and Explosives. This clause applies to contracts for ammunition and/or explosives as those terms are defined in DFARS 252.223-7002(9) 252.225-7001 - Buy American Act - Balance of Payments Program (10) 252.225-7002 - Qualifying Country Sources as Subcontractors (11) 252.225-7009 - Duty Free Entry - Qualifying Country End Products and Supplies. (12) 252.225-7010 - Duty Free Entry - Additional Provisions. (13) 252.225-7014 - Preference for Domestic Speciality Metals and 252.225-7014 Alternate I. (14) 252.225-7015 - Preference for Domestic Hand or Measuring Tools. (15) 252.225-7016 - Restriction on Acquisition of Foreign Machine Tools. (16) 252.225-7022 - Restriction on Acquisition of Polyacrylonitrile (PAN) Based Carbon Fiber. (17) 252.225-7023 - Restriction on Acquisition of Carboynl Iron Powders. (18) 252.225-7024 - Restriction on Night Vision Image Intensifier Tubes and Devices. (19) 252.225-7025 - Foreign Source Restricitions. (20) 252.225-7026 - Reporting of Overseas Subcontracts. This clause applies only if this contract exceeds $100,000. (21) 252.225-7027 - Limitations on Sales commissions and Fees Governments. (22) 252.225-7028 - Exclusionary Policies and Practices of Foreign Governments. (23) 252.227-7013 - Rights in Technical Data and Computer Software. (24) 252.227-7018 - Restrictive Markings on Technical Data. (25) 252.227-7019 - Identification of Restricted Rights Computer Software. (26) 252.227-7026 - Deferred Delivery of Technical Data and Computer Software. (27) 252.227-7027 - Deferred Ordering of Technical Data. (28) 252.227-7030 - Technical Data - Withholding of Payment. (29) 252.227-7037 - Validation of Restrictive Markings on Technical Data. (29) 252.228-7005 - Accident Reporting and Investigation Involving Aircraft, Missiles and Space Launch Vehicles. (30) 252.235-7003 - Frequency Authorization. (31) 252.239-7016 - Telecommunications Security Equipment, Devices, Techniques and Services. (32) 252.243-7001 - Pricing of Contract Modifications. (33) 252.246-7001 - Warranty of Technical Data. (34) 252.247-7023 - Transportation of Supplies by Sea. (35) 252.247-7024 - Notification of Transportation of Supplies by Sea. This clause applies if Seller has stated in its proposal it does not anticipate that supplies will be transported by sea in the performance of this contract or any lower tier subcontract. (36) 252.249-7001 - Notification of Substantial Impact on Employment This clause only applies if this contract is $500,00 or more. (37) 252.270-7000 - Recovery of Nonrecurring Costs and Royalty Fees on Commercial Sales. This clause applies only if this contract is for RDT&E and exceeds $1,000,000.

SPOC: 8002

REVISION DATE: 9-3-98 07-08-05
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 07-08-05
Article 13 - Termination - of the MDC 859, "General Terms and Conditions - Cost Reimbursement Government Contract", incorporated in this contract, is hereby amended as follows: The reference to FAR 52.249-6, subparagraphs (d) and (i) are hereby amended to subparagraphs (e) and (j).

SPOC: 8002A

REVISION DATE: 2-5-99 07-08-05
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 07-08-05
The Article entitled "Termination for Convenience" of the General Terms and Conditions form incorporated into this contract is hereby amended as follows: The reference to FAR 52.249-2, subparagraphs (c) and (i) is hereby amended to subparagraphs (d) and (j).

SPOC: 8004

REVISION DATE: 01-24-96 05-22-96 7-14-98
The clauses entitled "COST ACCOUNTING STANDARDS" FAR 52.230-2, except paragraph (b), and "ADMINISTRATION OF COST ACCOUNTING STANDARDS" FAR 52.230-6, in effect on the date of this contract, are incorporated herein by this reference. The term "contract" shall mean this contract, "contractor" shall mean Seller.

SPOC: 8005

REVISION DATE: 01-24-96 05-22-96
The clauses entitled "DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES" FAR 52.230-3, except paragraph (b), and "ADMINISTRATION OF COST ACCOUNTING STANDARDS" FAR 52.230-6, in effect on the date of thiscontract, are incorporated herein by this reference. The term "contract" shall mean this contract, "contractor" shall mean Seller.

SPOC: 8006

REVISION DATE: 01-24-96
Seller warrants that the equipment to be supplied under this contract will at the time of delivery be in full compliance with the Williams-Steiger Occupational Safety and Health Act of 1970.

SPOC: 8007

REVISION DATE: 9-25-97 2-4-98
This contract is subject to the provisions of the Service Contract Act of 1965, as amended. The following FAR clauses are incorporated herein by reference, subject to the provisions of applicability as noted. "Contractor" shall mean Seller and "Subcontractor" shall referto Seller's lower tier subcontractors. 52.222-41 Service Contract Act of 1965, as amended. 52.222-42 Statement of Equivalent Rates for Federal Hires. The Employee class(es), Monetary Wage and Fringe Benefits will be includedby a separate attachment to this contract. 52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts). This clause only applies if this is a multiyear contract or contains a renewal option. 52.222-44 Fair Labor Standards Act and Service Contract Act - Price Adjustment. This clause applies if this is not a multiyear contract or does not contain a renewal option. 52.222-47 Service Contract Act Minimum Wages and Fringe Benefits. This clause only applies if this contract is succeeding a contract for substantially the same services and the incumbent contractor has negotiated or is negotiating a collective bargaining agreement with some or all of its service employees. The Boeing buyer will obtain the following information from the Boeing Contracts administrator. The Incumbent Contractor is The Union is ____________________________ _______________________________

SPOC: 8009

REVISION DATE: 01-24-96
MDC reserves the right to credit the value of this contract to meet any offset/co-production requirement, present or future, to your country or a third country. Seller agrees to work with appropriate in-country agencies as required.

SPOC: 8010

REVISION DATE: 10-8-99 9-12-01 6-26-02 9-20-02 09-05-06
The customer contract clauses which are incorporated into this contract, either in addition to The Boeing Company form "General Provisions," or in replacement of the Article entitled "Government Contract Requirements" of MDC General Terms and Conditions, are set forth and may be accessed at: http://www.boeing.com/companyoffices/doingbiz/gcc/gcc.htm or http: //www.boeing.com/companyoffices/doingbiz/idscommon/ccr/contracts.htm The clauses are listed at these URLs under the Boeing prime contract number (or higher tier subcontract number). If such number is not provided elsewhere in this contract, or is provided elsewhere in this contract but is not listed at either of the above URLs, then the clauses under the "Various" heading found at: http://www.boeing.com/companyoffices/doingbiz/gcc/gcc.htm are applicable.

SPOC: 8019

REVISION DATE: 11-12-04
DoD's interpretation of this specialty metals clause is that it prohibits the contractor (including its suppliers at every tier) from incorporating into military parts, components, and/or end item deliverables "specialty metals" (identified in the clause, including titanium and stainless steel) which have been melted outside the United States, its possessions, or Puerto Rico, unless certain limited exceptions set forth in the clause or DFARS Subpart 225.7002-2 apply. One such exception is for specialty metals melted in a qualifying country or incorporated into an article manufactured in a qualifying country. Those countries are listed at DFARS 225.872-1(a) or (b). Since the United States is not listed as a qualifying country, DoD does not consider it to be qualifying country. Even if a qualifying country exception applies, the source for specialty metals melted outside the United States may also have to be listed in an applicable Qualified Products List (QPL),such as that set forth in Douglas Material Specification (DMS) 2201, "Procurement From Foreign Sources - Metallic Raw Material". Please check your purchase order carefully for any such requirement. If your purchase order contains this requirement, you must comply with its provisions unless you apply for and are granted, through The Boeing Company, one or more of the limited exemptions authorized under the specialty metals clause. If your organization is issued a purchase order with the specialty metals clause, compliance to the following is strongly encouraged: a.) Your Quality Assurance Personnel particularly Receiving Inspection, (i.e. where in-coming material and certifications are verified), should be made aware of specialty clause requirements, and ensure that no foreign melted specialty metals are utilized to fabricate any components for use on a product to be supplied to DoD unless they are melted in a qualifying country. b.) If a distributor or other subtier supplier is the source of your material, ensure that the specialty metals clause requirements have been flowed down. Also take the necessary steps to ensure that your supplier provides only specialty metals (such as titanium or stainless steel) that have been melted within the United States or a qualifying country, and if required, proper certifications are issued. If your organization needs further information and/or assistance, please contact the Boeing Procurement Quality Representative assigned to your facility or identified in your purchase order.

SPOC: 8022

REVISION DATE: 01-24-96
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 11-05-98
Seller agrees to comply with the provisions of the Small Business and Small Disadvantaged Business Subcontracting Plan requirements of FAR 52.219-9. Concurrent with submittal of Seller's properly completed SF 294 in accordance with instructions contained therein, Seller agrees to forward a copy to the MDC Purchasing Representative referencing this Purchase Order Number. Seller also agrees to identify the receipient of Seller's properly completed SF 295.

SPOC: 8023

REVISION DATE: 01-24-96
The clause at DFARS 252.225-7016, "Restriction on Acquisition of AntiFriction Bearings" (Apr 93) is incorporated herein by reference. Contractor shall mean Seller and contracting Officer shall mean MDA.

SPOC: 8024

REVISION DATE: 01-24-96
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 11-05-98
Seller agrees to comply with the provisions of the Small Business and Small Disadvantaged Business Subcontracting Plan requirements of FAR 52.219-9. Seller agrees to furnish the MDC Purchasing Representative a copy of its subcontracting plan within thirty (30) days of receipt of this contract. In addition, concurrent with submittal of Seller's properly completed SF 294 in accordance with instructions contained therein, Seller agrees to forward a copy to the MDC Purchasing Representative referencing this purchase order number. Seller also agrees to identify the receipient of Seller's properly completed SF 295.

SPOC: 8025

REVISION DATE: 01-24-96
The clause at DFARS 252.225-7038 "Restriction on Acquisition of Aircraft Fuel Cells" (March 94) is incorported herein by reference. Contractor shall mean Seller.

SPOC: 8029

REVISION DATE: 5-7-98
The clauses entitled "COST ACCOUNTING STANDARDS - EDUCATIONAL INSTITUTIONS" FAR 52.230-5, except paragraph (b), and "ADMINISTRATION OF COST ACCOUNTING STANDARDS" FAR 52.230-6, in effect on the date of this contract, are incorporated herein by this reference. The term "contract" shall mean this contract and "contractor" shall mean Seller.

SPOC: 8030

REVISION DATE: 01-24-96 7-14-98
The clause at FAR 52.230-4, "Consistency in Cost Accounting Practices"is hereby incorporated herein by reference.

SPOC: 8031

REVISION DATE: 4-1-97 11-2-98
The clause entitled "Disclosure and Consistency of Cost Accounting Practices," FAR 52.230-3, except paragraphs (b), (a)(2) and (a)(3) and in paragraph (a)(1) the references to 48 CFR 9904.405 and 48 CFR 9904.406, is incorporated herein by this reference. The term "contract" shall mean this contract and "Contractor" shall mean "Seller."

SPOC: 8032

REVISION DATE: 01-24-96
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 01-08-98
The clauses entitled, "Safety Precautions for Ammunition and Explosives", DFARS 252.223-7001, and "Change in Place of Performance- Ammunition and Explosives", DFARS 252.223-7002, in effect on the date of this contract, are incorporated herein by this reference and made a part of this contract. The term "contract" shall mean this contract, "Contractor" and "Offeror" shall mean Seller, "Contracting Officer" and "Government" shall mean MDC. In addition, Seller grants to the Government the right of access to review compliance with contract safety requirements. MDC may direct Seller to cease performance on all part of this contract if Seller has been notified of a noncompliance by either MDC or a government agency, offical or representative and has failed or refused to promptly take corrective action as set forth in the clause.

SPOC: 8034

REVISION DATE: 01-24-96
1. The contract clause entitled "Anti-Kickback Act Procedures" set forth in FAR 52.203-7, except (c)(1) is made a part of this contract by this reference, with the following modifications: the term "the Contractor" shall mean Seller, and the term "the Contracting Officer" shall mean the contracting officer cognizant of the prime contract under which this contract was awarded. 2. By its acceptance of this contract, Seller warrants and represents to MDC that neither Seller nor any immediate or lower-tier subcontractor of Seller nor any person acting on behalf of any of them has engaged in conduct prohibited by Section 3 of the Anti-Kickback Act of 1986 (Public Law 99-634) relating to this contract or any subcontract or lower-tier subcontract under this contract. Seller shall indemnify, defend and save harmless MDC, its officers, agents and employees, from all losses, costs, fees and damages resulting, directly or indirectly, in whole or in part from any conduct prohibited as aforesaid in which Seller, any immediate or lower-tier subcontractor of Seller or any person acting on behalf of any of them has engaged or hereafter engages relating to this contract or any lower-tier subcontract under this contract. MDC shall have the right to withhold from any sums due Seller under this contract: (i) if so directed pursuant to Section 6 of the aforesaid act or pursuant to the Anti-Kickback Act Procedures Clause of the prime contract or higher-tier subcontract under which this contract has been issued by the contracting officer or agency cognizant of the prime contract under which this contract was awarded, or (ii) to recoup losses, costs, fees and damages against the incurrence of which Seller has agreed in this clause to indemnify MDC. For purposes of this clause, the definitions of the terms "subcontractor", "subcontract" and "person" shall be deemed to be those set forth in Section 2 of said act. 3. Any report made pursuant to this clause also shall be made to the Vice-President-Procurement of the component placing this contract.

SPOC: 8034A

REVISION DATE: 01-24-96
1. The contract clause entitled "Anti-Kickback Act Procedures" set forth in FAR 52.203-7, except (c)(1) is made a part of this contract by this reference, with the following modifications: the term "the Contractor" shall mean Seller, and the term "the Contracting Officer" shall mean the contracting officer cognizant of the prime contract under which this contract was awarded. 2. MDC shall have the right to withhold from any sums due Seller under this contract if so directed, pursuant to Section 6 of the aforesaid act or pursuant to the Anti-Kickback Act Procedures Clause of the prime contract under which this contract has been issued, by the contracting officer or agency cognizant of the prime contract under which this contract was awarded. If MDC has made final payment to Seller on this contract, or if any amounts due Seller are insufficient to cover the amount to be withheld because of the amount withheld from MDC by the U.S. Government, Seller agrees to promptly reimburse MDC for the amount withheld from MDC or the balance of such amount exceeding the monies then due to Seller by MDC. If Seller fails or refuses to make reimbursement to MDC as set forth herein, and MDC determines it is necessary to institute legal proceedings to recover such monies, it is agreed that the prevailing party shall be entitled to payment of its legal fees and court costs. 3. If Seller disagrees with the decision of the Government regarding an alleged violation of the aforesaid Anti-Kickback Act, and notifies MDC of its desire to appeal such decision, MDC shall file prompt notices of appeal and Seller shall have the right to prosecute such appeal in the name of MDC pursuant to the Disputes Clause of the prime contract. 4. Any report made pursuant to this clause shall also be made to the Vice-President Procurement of the component placing this contract.

SPOC: 8038

REVISION DATE: 01-24-96
Paragraphs (a) and (b) from FAR 52.247-64 Alternate I are substituted for paragraphs (a) and (b) of the basic FAR clause 52.247-64 "Preference for Privately Owned U.S. Flag Commercial Vessels" incorporated in the General Terms and Conditions of this contract.

SPOC: 8040

REVISION DATE: 01-24-96
The clause at NARSUP 52.242-9000 "Refunds (Spares and Support Equipment)" is incorporated herein by reference. Contractor shall mean Seller. For the purposes of paragraph (c) the notification to Seller may be made by the Contracting Officer through Buyer to Seller, or directly to Seller, and the negotiation in paragraph (d) may be between the Contracting Officer, Buyer and Seller or between the Contracting Officer and Seller. Should Buyer be required to refund the price to its customer, Seller agrees to accept the return and refund to Buyer an amount equal to what Buyer paid Seller for the returned item.

SPOC: 8046

REVISION DATE: 01-24-96
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 06-13-97
Seller shall reimburse MDC for any and all profit or fee amounts paid to or otherwise recovered by the government or a higher tier contractor pursuant to paragraph (c) of FAR 52.203-10, "Price or Fee Adjustment for Illegal or Improper Activity", arising out of or resulting from any action or omission to act in violation or alleged violation of the Act by Seller, any director, officer, employee, agent, other representative, consultant or subcontractor at any tier of Seller or any such person or entity acting for or on behalf of any of them. Seller's liability pursuant to this clause shall extend to and include profit and fee amounts determined as provided in paragraph (c) of FAR 52.203-10 for any such violations or alleged violations which, together with violations or alleged violations by any other person or entity, result in payments to or other recoveries by the government from MDC. For purposes of this clause, the "Act" refers to the Office of FederalProcurement Policy (OFPP) Act Amendments of 1988 (41 U.S.C. &423), as implemented in the FAR, and the term "prime contractor" as used in paragraph (c) of FAR 52.203-10 shall mean "MDC" or higher tier contractor. The rights and remedies in this clause are not exclusive, but are in addition to any other rights and remedies provided by law or under this contract.

SPOC: 8053

REVISION DATE: 01-24-96
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 06-13-97
The clauses at FAR 52.203-11 "Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions" and FAR 52.203-12 "Limitation on Payments to Influence Certain Federal Transactions" are incorporated herein by this reference. FAR 52.203-12 is modified by deleting subparagraph (c)(4) and replacing it with the following: (c)(4) Seller shall promptly submit any disclosure required (with written notice to MDC) directly to the PCO for the prime contract. MDC will identify the cognizant Government PCO at the seller's request. Each subcontractor certification shall be retained in the subcontract file of the awarding contractor. Seller shall include these clauses in all subcontracts placed hereunder that are $100,000.00 or more.

SPOC: 8058

REVISION DATE: 01-24-96
The clause at FAR 52.215-27 entitled "Termination of Defined Benefit Pension Plans" is incorporated herein by this reference. "Contractor"shall mean Seller and "Contracting Officer" shall mean MDC. MDC may withold or recover, by offset or otherwise, from Seller, such sums as the Government witholds or recovers from MDC because of liabilities of Seller or its subcontractors under this clause.

SPOC: 8060

REVISION DATE: 01-24-96
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 06-13-97
The clause at FAR 52.225-11 "Certain Foreign Purchases", in effect on the date of this order, is incorporated herein by this reference.

SPOC: 8063

REVISION DATE: 01-24-96
The clause at DFAR 252.249-7002 "NOTIFICATION OF PROPOSED PROGRAM TERMINATION OR REDUCTION" is incorporated herein by this reference. "Contractor" shall mean Seller and "Government" shall mean MDA.

SPOC: 8064

REVISION DATE: 01-24-96 7-14-98
The Clause at FAR 52.215-39 - Reversion or Adjustment of Plans for Postretirement Benefits Other Than Pensions (PRB) is incorporated herein by this reference. Contracting Officer shall mean MDC and Contractor shall mean Seller.

SPOC: 8067

REVISION DATE: 01-24-96
Notwithstanding that the contract may require the use of paints or coatings which do not meet state or district requirements for reduced volatile organic compounds (VOC's), the contractor must comply with all federal, state, and local regulatory requirements respecting air quality and emission limitations. It remains the contractor's responsibility to meet the requirements for reduced VOC's even where to do so will require the use of engineering controls or other specialpainting equipment.

SPOC: 8068

REVISION DATE: 01-24-96
The clause at DFAR 252.223-7006 "Prohibition on Storage and Disposal of Toxic and Hazardous Materials" is incorporated into this contract by reference. "Contractor" shall mean Seller.

SPOC: 8069

REVISION DATE: 01-24-96
The clause at FAR 52.234-1 "INDUSTRIAL RESOURCES DEVELOPED UNDER DEFENSE PRODUCTION ACT TITLE III" is incorporated herein by this reference. "Contractor" shall mean Seller. Seller agrees to insert the substance of the clause, including paragraph (e) in all subcontracts issued in the performance of this contract.

SPOC: 8071

REVISION DATE: 01-24-96
The clause at FAR 52.215-40 "Notification of Ownership Changes" is incorporated herein. "Contractor" shall mean 'Seller'.

SPOC: 8072

REVISION DATE: 02-20-96 03-12-96
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 11-05-98
The Federal Acquisition Regulation (FAR) clauses incorporated into Section A of the Government Contracts article of the General Terms and Conditions of this purchase order are hereby amended as follows. (1) 52.203-6 Restrictions on Subcontractor Sales to the Government.This clause applies only if this contract exceeds $100,000. (2) 52.203-7 Anti-Kickback Procedures (excluding subparagraph (c)(1)). MDC may withhhold or recover from the Seller the amount of any kickback paid by Seller or its subcontractors at any tier if (a) the Contracting Officer so directs, or (b) the Contracting Officerhas offset the amount of such kickback against money owed MDC under the prime contract. This clause only applies if this contract exceeds$100,000. (3) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. This clause applies only if this contract exceeds the simplified acquisition threshold. If the Government reduces MDC's price or fee for violations of the Act by Seller or its subcontractorsat any tier, MDC may withhold or recover from Seller the amount of the reduction. (8) 52.211-5 New Material. "Contracting Officer" means MDC. (9) 52.211-7 Other Than New Material, Residual Inventory, and Former Government Surplus Property. "Contracting Officer" means MDC. (10) 52.211-15 Defense Priority and Allocation Requirements. (11) 52.242-15 Stop-Work Order. "Contracting Officer" means MDC. (12) 52.215-1 Examination of Records by Comptroller General. - This clause is deleted. (13) 52.215-2 Audit and Records - Negotiations. This clause appliesonly if this contract exceeds the FAR simplified acquisition threshold(15) 52.219-8 Utilization of Small, Small Disadvantaged and Women Owned Small Business Concerns. (16) 52.219-9 Small, Small Disadvantaged and Women Owned Small Business Subcontracting Plan. In paragraph (c), "Contracting Officer"means MDC. This clause applies only if this contract exceeds $500,000and Seller is not a small business concern. (17) 52.220-3 Utilization of Labor Surplus Area Concerns - Deleted. (18) 52.220-4 Labor Surplus Area Subcontracting Program - Deleted. (20) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. MDC may withhold or recover from Seller the amount that the Contracting Officer withholds or recovers from MDC because of liabilities of Seller or its subcontractors at any tier under this clause. This clause applies only if this contract exceeds $100,000. (33) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. A copy of each notice sent to the Government will be sent to MDC. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. (40) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. (42) 52.234-1 Industrial Resources Developed Under Defense Production Act Title III. (43) 52.244-6 Subcontracts for Commercial Items and Commercial Components. (44) 52.223-14 Toxic chemical Release Reporting. This clause applies only if this contract exceeds $100,000.

SPOC: 8072A

REVISION DATE: 03-16-96
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 11-05-98
The Federal Acquisition Regulation (FAR) clauses incorporated into Section A of the Government Contracts article of the General Terms and Conditions of this purchase order are hereby amended as follows. (1) 52.203-6 Restrictions on Subcontractor Sales to the Government.This clause applies only if this contract exceeds $100,000. (2) 52.203-7 Anti-Kickback Procedures (excluding subparagraph (c)(1)). MDC may withhhold or recover from the Seller the amount of any kickback paid by Seller or its subcontractors at any tier if (a) the Contracting Officer so directs, or (b) the Contracting Officerhas offset the amount of such kickback against money owed MDC under the prime contract. This clause only applies if this contract exceeds$100,000. (3) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. This clause applies only if this contract exceeds the simplified acquisition threshold. If the Government reduces MDC's price or fee for violations of the Act by Seller or its subcontractorsat any tier, MDC may withhold or recover from Seller the amount of the reduction. (8) 52.211-5 New Material. "Contracting Officer" means MDC. (9) 52.211-7 Other Than New Material, Residual Inventory, and Former Government Surplus Property. "Contracting Officer" means MDC. (10) 52.211-15 Defense Priority and Allocation Requirements. (11) 52.242-15 Stop-Work Order. "Contracting Officer" means MDC. (12) 52.215-1 Examination of Records by Comptroller General. - This clause is deleted. (13) 52.215-2 Audit and Records - Negotiations. This clause appliesonly if this contract exceeds the FAR simplified acquisition threshold(16) 52.219-8 Utilization of Small, Small Disadvantaged and Women Owned Small Business Concerns. (17) 52.219-9 Small, Small Disadvantaged and Women Owned Small Business Subcontracting Plan. In paragraph (c), "Contracting Officer"means MDC. This clause applies only if this contract exceeds $500,000and Seller is not a small business concern. (18) 52.220-3 Utilization of Labor Surplus Area Concerns - Deleted. (19) 52.220-4 Labor Surplus Area Subcontracting Program - Deleted. (21) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. MDC may withhold or recover from Seller the amount that the Contracting Officer withholds or recovers from MDC because of liabilities of Seller or its subcontractors at any tier under this clause. This clause applies only if this contract exceeds $100,000. (34) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. A copy of each notice sent to the Government will be sent to MDC. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. (41) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. (44) 52.215-27 Termination of Defined Pension Plans. (45) 52.215-40 Notification of Ownership Changes. (46) 52.234-1 Industrial Resources Developed Under Defense Production Act Title III. (47) 52.244-6 Subcontracts for Commercial Items and Commercial Components. (48) 52.223-14 Toxic Chemical Release Reporting. This clause applies only if this contract exceeds $100,000.

SPOC: 8072B

REVISION DATE: 02-20-96
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 11-05-98
The Federal Acquisition Regulation (FAR) clauses incorporated into Section A of the Government Contracts article of the General Terms and Conditions of this purchase order are hereby amended as follows. (1) 52.203-7 Anti-Kickback Procedures (excluding subparagraph (c)(1)). MDC may withhhold or recover from the Seller the amount of any kickback paid by Seller or its subcontractors at any tier if (a) the Contracting Officer so directs, or (b) the Contracting Officerhas offset the amount of such kickback against money owed MDC under the prime contract. This clause only applies if this contract exceeds$100,000. (2) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. This clause applies only if this contract exceeds the simplified acquisition threshold. If the Government reduces MDC's price or fee for violations of the Act by Seller or its subcontractorsat any tier, MDC may withhold or recover from Seller the amount of the reduction. (6) 52.211-15 Defense Priority and Allocation Requirements. (7) 52.242-15 Stop-Work Order. "Contracting Officer" means MDC. (8) 52.215-1 Examination of Records by Comptroller General. - This clause is deleted. (9) 52.215-2 Audit and Records - Negotiations. This clause applies only if this contract exceeds the FAR simplified acquisition threshold(12) 52.219-8 Utilization of Small, Small Disadvantaged and Women Owned Small Business Concerns. (13) 52.219-9 Small, Small Disadvantaged and Women Owned Small Business Subcontracting Plan. In paragraph (c), "Contracting Officer"means MDC. This clause applies only if this contract exceeds $500,000and Seller is not a small business concern. (14) 52.220-3 Utilization of Labor Surplus Area Concerns - Deleted. (15) 52.220-4 Labor Surplus Area Subcontracting Program - Deleted. (17) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. MDC may withhold or recover from Seller the amount that the Contracting Officer withholds or recovers from MDC because of liabilities of Seller or its subcontractors at any tier under this clause. This clause applies only if this contract exceeds $100,000. (23) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. A copy of each notice sent to the Government will be sent to MDC. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. (28) 52.234-1 Industrial Resources Developed Under Defense Production Act Title III. (29) 52.244-6 Subcontracts for Commercial Items and Commercial Components.

SPOC: 8072C

REVISION DATE: 03-12-96
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 11-05-98
The Federal Acquisition Regulation (FAR) clauses incorporated into Section A of the Government Contracts article of the General Terms and Conditions of this purchase order are hereby amended as follows. (1) 52.203-6 Restrictions on Subcontractor Sales to the Government.This clause applies only if this contract exceeds $100,000. (2) 52.203-7 Anti-Kickback Procedures (excluding subparagraph (c)(1)). MDC may withhhold or recover from the Seller the amount of any kickback paid by Seller or its subcontractors at any tier if (a) the Contracting Officer so directs, or (b) the Contracting Officerhas offset the amount of such kickback against money owed MDC under the prime contract. This clause only applies if this contract exceeds$100,000. (3) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. This clause applies only if this contract exceeds the simplified acquisition threshold. If the Government reduces MDC's price or fee for violations of the Act by Seller or its subcontractorsat any tier, MDC may withhold or recover from Seller the amount of the reduction. (8) 52.211-5 New Material. "Contracting Officer" means MDC. (9) 52.211-7 Other Than New Material, Residual Inventory, and Former Government Surplus Property. "Contracting Officer" means MDC. (10) 52.211-15 Defense Priority and Allocation Requirements. (11) 52.242-15 Stop-Work Order. "Contracting Officer" means MDC. (12) 52.215-1 Examination of Records by Comptroller General. - This clause is deleted. (13) 52.215-2 Audit and Records - Negotiations. This clause appliesonly if this contract exceeds the FAR simplified acquisition threshold(15) 52.219-8 Utilization of Small, Small Disadvantaged and Women Owned Small Business Concerns. (16) 52.219-9 Small, Small Disadvantaged and Women Owned Small Business Subcontracting Plan. In paragraph (c), "Contracting Officer"means MDC. This clause applies only if this contract exceeds $500,000and Seller is not a small business concern. (17) 52.220-3 Utilization of Labor Surplus Area Concerns - Deleted. (18) 52.220-4 Labor Surplus Area Subcontracting Program - Deleted. (20) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. MDC may withhold or recover from Seller the amount that the Contracting Officer withholds or recovers from MDC because of liabilities of Seller or its subcontractors at any tier under this clause. This clause applies only if this contract exceeds $100,000. (33) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. A copy of each notice sent to the Government will be sent to MDC. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. (38) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. (40) 52.234-1 Industrial Resources Developed Under Defense Production Act Title III. (41) 52.244-6 Subcontracts for Commercial Items and Commercial Components. (42) 52.233-14 Toxic Chemical Release Reporting. THis clause applies only if this contract exceeds $100,000.

SPOC: 8072D

REVISION DATE: 02-20-96
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 02-21-96
The Federal Acquisition Regulation (FAR) clauses incorporated into Section A of the Government Contracts article of the General Terms and Conditions of this purchase order are hereby amended as follows. (1) 52.203-6 Restrictions on Subcontractor Sales to the Government.This clause applies only if this contract exceeds $100,000. (2) 52.203-7 Anti-Kickback Procedures (excluding subparagraph (c)(1)). MDC may withhhold or recover from the Seller the amount of any kickback paid by Seller or its subcontractors at any tier if (a) the Contracting Officer so directs, or (b) the Contracting Officerhas offset the amount of such kickback against money owed MDC under the prime contract. This clause only applies if this contract exceeds$100,000. (3) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. This clause applies only if this contract exceeds the simplified acquisition threshold. If the Government reduces MDC's price or fee for violations of the Act by Seller or its subcontractorsat any tier, MDC may withhold or recover from Seller the amount of the reduction. (8) 52.211-5 New Material. "Contracting Officer" means MDC. (9) 52.211-7 Other Than New Material, Residual Inventory, and Former Government Surplus Property. "Contracting Officer" means MDC. (10) 52.211-15 Defense Priority and Allocation Requirements. (11) 52.242-15 Stop-Work Order. "Contracting Officer" means MDC. (12) 52.215-1 Examination of Records by Comptroller General. - This clause is deleted. (13) 52.215-2 Audit and Records - Negotiations. This clause appliesonly if this contract exceeds the FAR simplified acquisition threshold(15) 52.219-8 Utilization of Small, Small Disadvantaged and Women Owned Small Business Concerns. (16) 52.219-9 Small, Small Disadvantaged and Women Owned Small Business Subcontracting Plan. In paragraph (c), "Contracting Officer"means MDC. This clause applies only if this contract exceeds $500,000and Seller is not a small business concern. (17) 52.220-3 Utilization of Labor Surplus Area Concerns - Deleted. (18) 52.220-4 Labor Surplus Area Subcontracting Program - Deleted. (20) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. MDC may withhold or recover from Seller the amount that the Contracting Officer withholds or recovers from MDC because of liabilities of Seller or its subcontractors at any tier under this clause. This clause applies only if this contract exceeds $100,000. (33) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. A copy of each notice sent to the Government will be sent to MDC. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. (40) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. (42) 52.234-1 Industrial Resources Developed Under Defense Production Act Title III. (43) 52.244-6 Subcontracts for Commercial Items and Commercial Components.

SPOC: 8073

REVISION DATE: 2-15-96 10-14-97 1-12-98
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 09-11-98
*** OBSOLETE ***

SPOC: 8074

REVISION DATE: 02-15-96
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 09-30-97
The following FAR clauses are incorporated into this contract by this reference: (1) FAR 52.215-41 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (2) FAR 52.215-42 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data-Modifications (3) FAR 52.215-43 Audit Commercial

SPOC: 8075

REVISION DATE: 02-15-96 3-29-96; 11-24-97; 1-26-99; 4-3-00; 9-26-00; 1-16-01; 6-19-02
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 07-08-05
07-08-05 Seller has asserted, and MDC relies on the assertion, that the items or services sold under this contract are commercial items or services. This assertion is incorporated herein by reference. GOVERNMENT CONTRACT REQUIREMENTS (A) The Federal Acquisition Regulation (FAR) clauses incorporated intoSection A of the Government Contracts article of the General Terms andConditions of this purchase order are hereby deleted and replaced withthe following. Unless otherwise provided, the clauses are those in effect as of the date of this contract. (1) 52.219-8 Utilization of Small Business Concerns (2) 52.222-26 Equal Opportunity (3) 52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans (this clause applies only if this contract is for $10,000 or more) (4) 52.222-36 Affirmative Action for Handicapped Workers (this clause applies only if this contract exceeds $10,000) (5) 52.244-6 Subcontracts for Commercial Items and Commercial Components (B) DoD Contracts. If this Contract is placed under a Department of Defense Contract, the Department of Defense Federal Acquisition Supplement (DFARS) clauses incorporated into Section B of the Gov- ernment Contracts article of the General Terms and Conditions of this purchase order are hereby deleted and replaced with the following. Unless otherwise provided, the clauses are those in effect as of the date of this contract. (1) 252.225-7014 Preference for Domestic Specialty Metals, and Alternate I. (2) 252.247-7023 Transportation of Supplies by Sea. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. (3) 252.247-7024 Notification of Transportation of Supplies by Sea.

SPOC: 8075A

REVISION DATE: 11-24-97 1-26-99 4-3-00 1-16-01 2-29-02 06-18-02
Seller has asserted, and MDC relies on the assertion, that the items or services sold under this contract are commercial items or services. This assertion is incorporated herein by reference. GOVERNMENT CONTRACT REQUIREMENTS (A) The following contact clauses are incorporated by reference from the Federal Acquisition Regulation and apply to the extent indicated. In all of the following clauses, "Contractor" and "Offeror" mean Seller. Unless otherwise provided, the clauses are those in effect as of the date of this contract. (1) 52.219-8 Utilization of Small Business Concerns (2) 52.222-26 Equal Opportunity (3) 52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans (this clause applies only if this con- tract is for $10,000 or more) (4) 52.222-36 Affirmative Action for Handicapped Workers (this clause applies only if this contract exceeds $10,000) (5) 52.244-6 Subcontracts for Commercial Items and Commercial Components (B) DoD Contracts. If this Contract is placed under a Department of Defense Contract, the following contract clauses are incorporated by reference from the Department of Defense Federal Acquisition Supple- ment (DFARS). Unless otherwise provided, the clauses are those in effect as of the date of this contract. (1) 252.225-7014 Preference for Domestic Specialty Metals, and Alternate I. (2) 252.247-7023 Transportation of Supplies by Sea. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. (3) 252.247-7024 Notification of Tranportation of Supplies by Sea.

SPOC: 8075B

REVISION DATE: 12-18-98 1-26-99 4-3-00 1-16-01 06-18-02
Seller has asserted, and MDC relies on the assertion, that items sold under this contract are commercial items or services. GOVERNMENT CONTRACT REQUIREMENTS (A) The following contract clauses are incorporated by reference from the Federal Acquisition Regulation and apply to the extent indicated. In all of the following clauses, "Contractor" and "Offeror" mean Seller. Unless otherwise provided, the clauses are those in effect as of the date of this contract. (1) 52.219-8 Utilization of Small Business Concerns (2) 52.222-26 Equal Opportunity (3) 52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans (this clause applies only if this contract is for $10,000 or more) (4) 52.222-36 Affirmative Action for Handicapped Workers (this clause applies only if this contract exceeds $10,000) (5) 52.244-6 Subcontracts for Commercial Items and Commercial Components (B) If this contract is placed under a Department of Defense Con- tract, the following contract clauses are incorporated by reference from the Department of Defense Federal Acquisition Supplement (DFARS).In the following clauses, "Contractor" and "Offeror" mean Seller. Unless otherwise provided, the clauses are those in effect on the dateof this contract. (1) 252.225-7014 Preference for Domestic Specialty Metals, and Alternate I. (2) 252.247-7023 Transportation of Supplies by Sea. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. (3) 252.247-7024 Notification of Transportation of Supplies by Sea.

SPOC: 8075C

REVISION DATE: 12-18-98 4-3-00
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 01-16-01
Seller has asserted, and MDC relies on the assertion, that items or services sold under this contract are commercial items or services.In the event that Seller's assertion is successfully challenged by theGovernment because of an issue directly related to Seller's assertion,Seller shall indemnify MDC and hold it harmless from all claims, expenses and loss arising out of a final determination that any items or services sold under this contract are not commercial items or services. GOVERNMENT CONTRACT REQUIREMENTS (A) The Federal Acquisition Regulation (FAR) clauses incorporated intoSection A of the Government Contracts article of the General Terms andConditions of this purchase order are hereby deleted and replaced withthe following: (1) 52.222-26 Equal Opportunity (2) 52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans (this clause applies only if this contract is for $10,000 or more) (3) 52.222-36 Affirmative Action for Handicapped Workers (this clause applies only if this contract exceeds $2,500) (4) 52.244-6 Subcontracts for Commercial Items and Commercial Components (B) DoD Contracts. If this Contract is placed under a Department of Defense Contract, the Department of Defense Federal Acquisition Supplement (DFARS) clauses incorporated into Section B of the Gov- ernment Contracts article of the General Terms and Conditions of this purchase order are hereby deleted and replaced with the following: (1) 252.225-7014 Preference for Domestic Specialty Metals, and Alternate I (2) 252.247-7023 Transportation of Supplies by Sea. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. (3) 252.247-7024 Notification of Transportation of Supplies by Sea.

SPOC: 8076

REVISION DATE: 7-8-98
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 11-13-00
If MDC's prime contract was executed in 1995 or later, or has been modified to include the Federal Acquisition Streamlining Act (FASA), then the Federal Acquisition Regulation (FAR) clauses incorporated into Section A of the Government Contracts article of the General Terms and Conditions of this contract are amended as follows: 52.203-6 Restrictions on Subcontractor Sales to the Government. This clause now applies only if this contract exceeds $100,000. 52.203-7 Anti-Kickback Procedures (excluding subparagraph (c)(1)). This clause applies only if this contract exceeds $100,000. MDC may withhold or recover from Seller the amount of any kickback paid bySeller or its subcontractors at any tier if (a) the Contracting Offi- cer so directs, or (b) the Contracting Officer has offset the amount of such kickback against money owed MDC under the prime contract. 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. If the Government reduces MDC's price or fee for violations of the Act by Seller or its subcontractors at any tier, MDC may withhold or recover from Seller the amount of the reduction 52.208-1 Required Sources for Jewel Bearings and Related Items - deleted. 52.210-5 New Material. This clause has been renumbered and renamed "52.211-5 Material Requirements." "Contracting Officer" means MDC. 52.210-7 Used or Reconditioned Material, Residual Inventory and FormerGovernment Surplus Property - deleted. 52.212-8 Defense Priority and Allocation Requirements. This clause has been renumbered 52.211-15. 52.212-13 Stop-Work Order. This clause is now numbered 52.242-15. 52.215-1 Examination of Records by Comptroller General - deleted. 52.215-2 Audit - Negotiation. This clause is now entitled "Audit and Records - Negotiation" and applies only if this contract exceeds the FAR simplified acquisition threshold. 52.215-26 Integrity of Unit Prices (excluding paragraph (c)). This clause has been renumbered 52.215-14 and applies only if this contractexceeds the FAR simplified acquisition threshold. 52.219-8 Utilization of Small Business Concerns and Small Disadvan- taged Business Concerns. This clause is now entitled "Utilization of Small, Small Disadvantaged and Women-Owned Small Business Concerns" and applies only if this contract exceeds $100,000. 52.219-9 Small Business and Small Disadvantaged Business Subcontract- ing Plan. This clause is now entitled "Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan" and applies only if this contract exceeds $500,000 and Seller is not a small business concern. In paragraph (c), "Contracting Officer" means MDC. 52.220-3 Utilization of Labor Surplus Area Concerns - deleted. 52.220-4 Labor Surplus Area Subcontracting Program - deleted. 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Com-pensation. This clause applies only if this contract exceeds $100,000.MDC may withhold or recover from Seller the amount that the Contracting Officer withholds or recovers from MDC because of liabilities of Seller or its subcontractors at any tier under this clause. 52.223-14 Toxic Chemical Release Reporting. This clause is added and applies only if this contract exceeds $100,000. 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. A copy of each notice sent to the Government will be sent to MDC. 52.234-1 Industrial Resources Developed Under Defense Production Act Title III. This clause is added. 52.244-6 Subcontracts for Commercial Items and Commercial Components. This clause is added. 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. If this contract is placed under a Department of Defense contract, and that contract was executed in 1995 or later, or has been modified to include FASA, the Defense Federal Acquisition Regulation Supplement(DFARS) clauses incorporated into Section B of the Government Contracts article of the General Terms and Conditions of this contractare amended as follows: 252.203-7001 Special Prohibition on Employment (excluding paragraph (g)). This clause applies only if this contract exceeds the FAR simplified acquisition threshold. 252.209-7000 Acquisition from Subcontractors Subject to On-Site Inspection under the Intermediate-Range Nuclear Forces Treaty. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. 252.210-7003 Acquisition Streamlining. This clause has been renumbered252.211-7000 and applies only if this contract exceeds $1,000,000. 252.225-7014 and Alt. I. Preference for Domestic Specialty Metals. This clause applies only if this contract exceeds the FAR simplified acquisition threshold. 252.225-7025 Foreign Source Restrictions - deleted. 252.225-7026 Reporting of Contract Performance Outside the United States, excluding paragraph (c). This clause applies only if this contract exceeds $500,000. 252.225-7027 Limitation on Sales Commissions and Fees - This clause has been renamed "Restriction on contingent Fees for Foreign Military Sales." 252.247-7023 Transportation of Supplies by Sea. This clause now applies only if this contract exceeds the FAR simplified acquisition threshold. 252.249-7001 Notification of Substantial Impact on Employment-deleted Seller may contact MDC's Authorized Purchasing Representative to determine whether MDC's prime contract was executed in 1995 or later or if the prime contract has been modified to include FASA.