all cathodes supplied shall be of the same nominal size, which was in accordance with National Stockpile Specification P-16-R, dated May 28, 1952; and

WHEREAS, the National Stockpile Specification P-16-R2, dated May 11, 1953, provides that electrolytic copper cathodes may be of any size usual with the producer. All cathodes supplied under any contract shall be of the same nominal size; and

WHEREAS, the Contractor requests and the Government agrees that the size of the cathodes shall be in accordance with National Stockpile Specification P-16R2, dated May 11, 1953.

NOW, THEREFORE, it is mutually agreed:

ARTICLE 1. The size of the electrolytic copper cathodes furnished may be of any size usual with the producer. All cathodes supplied under the contract shall be of the same nominal size.

ARTICLE 2. All other terms and conditions of the contract shall remain in full force and effect. This Amendment is entered into under the authority of Public Law 520, 79th Congress. Acceptance by the Government:

Acceptance by the Contractor:

JULY 14, 1953.

By H. C. MAULL, Jr., Director, Purchase Division.

By JULIAN B. BERTZ, President,

1. Offer and acceptance.-Offers are made on the basis that acceptance, within the time specified, of the offer to furnish any or all of the materials, supplies, or services described therein shall constitute a contract between the offeror and the United States Government, which will bind the offeror to furnish and deliver the materials, supplies, or services for which his offer is accepted.

2. Discount.-(a) If the contract is one for materials or supplies, time, in connection with discount offered, will be computed from date of the delivery of the materials or supplies to carrier when final inspection and acceptance are at point of origin or foreign port of embarkation, or from date of delivery at destination when final inspection and acceptance are at this point, or from date correct bill or voucher, properly certified by the contractor, is received if the latter date

is later than the date of delivery. (b) If the contract is one for service, time, in connection with discount offered, will be computed from date of receipt of correct bill or voucher, properly certified by the contractor, covering the service rendered, and after performance of such service and acceptance thereof by the Government.

3. Time of delivery. The materials, supplies, or services described in the contract shall be delivered within the time provided for in the schedule of deliveries. 4. Buy American Act.-Unless otherwise specified in this contract, the contractor agrees that there will be delivered under this contract only such unmanufactured articles, materials, and supplies (which term "articles, materials, and supplies" is hereinafter referred to in this clause as "supplies") as have been mined or produced in the United States, and only such manufactured supplies as have been manufactured in the United States substantially all from supplies mined, produced, or manufactured, as the case may be, in the United States.

5. Minimum order; weight.-Unless otherwise indicated, as for example, by minimum percentage chemical content, packing requirements, lot sizes, or statement of a minimum order limitation, the unit shown for each item determines the smallest quantity which a contractor will be required to deliver. Where the unit shown is a measure of weight, such weight is understood to be net unless otherwise stated.

6. Oral modifications.-No oral statement of any person shall be allowed in any manner to modify or otherwise affect the terms of the offer, specifications or contract.

7. Inspection and test.-(a) All material and workmanship shall be subject to inspection and test at all times and places and, when practicable, during Inanufacture. In case any materials, supplies or services are found to be defective in quality, composition, or workmanship, or otherwise not in conformity with the specifications, the Government shall have the right to reject such materials, supplies or services, or to require their correction or replacement, or to accept them at a proper reduction in price. Rejected materials, supplies or services shall be removed by and at the expense of the contractor promptly upon request. The contractor shall be liable to the Government for any cost of removal, correction, or replacement resulting from failure to do so as required.

(b) If preliminary or final inspection or test is made on the premises of the contractor or subcontractor the contractor shall furnish or arrange to furnish, without additional charge, all reasonable facilities and assistance. Inspections and tests shall be performed by the Government in such manner as not to unduly delay the work. Special and performance tests shall be made as described in the specifications. The Government reserves the right to charge the contractor for any additional cost of inspection or test when materials, supplies, or services are not ready at the time inspection or test is requested by the contractor.

(c) Final inspection and acceptance of the materials, supplies, and services will be made after delivery, unless otherwise stated. If final inspection is made at a point other than the premises of the contractor or subcontractor it shall be at the expense of the Government except for the value of tested samples used and rejected. Final inspection shall be conclusive except as to latent defects, fraud, or gross mistake. Final inspection and acceptance or rejection of materials, supplies, or services shall be made as promptly as practicable but failure so to inspect and accept or reject materials, supplies or services shall not impose liability on the Government for materials, supplies, or services which do not conform to the specifications.

8. Responsibility for materials and supplies.-The contractor shall be responsible for materials and supplies covered by the contract until delivered at the designated point, regardless of the point of inspection, and the contractor shall bear all risks as to rejected materials and supplies after notice of rejection.

9. Variance in quantity.-Unless otherwise specified any variation in the quantities delivered under the contract, not exceeding 10%, will be accepted, when caused by conditions of loading, shipping, packing or allowance in manufacturing processes.

10. Assignment of payments.—If this contract provides for the payment in the aggregate of $1,000 or more, then all moneys due or to become due thereunder may be assigned by the contractor to a bank, trust company, or other financing institution, including any Federal lending agency, in accordance with the provisions of Assignment of Claim Act of 1940 (54 Stat. 1029, 31 U. S. C. 203, 41 U. S. C. 15.)

11. Federal taxes.-(a) The prices offered herein shall be deemed to include any Federal taxes imposed by the Congress which on the date of this offer are

applicable to the materials, supplies or services, or components thereof, cffered. If (1) after the date of this offer (A) the Congress shall impose any tax, or (B) it shall increase any then existing tax, or (C) the Bureau of Internal Revenue shall rule that a tax theretofore imposed is applicable and the contractor at the time of making his offer reasonably believed that the tax was not applicable, with respect to the production, processing, manufacturing, holding, importation or sale of any materials, supplies or services, or components thereof, covered by this offer, and (2) the contractor is required by, operation of law or by specific contractual obligation to pay such tax or bear its burden, then upon proper application and proof thereof by the contractor, the quoted prices of the materials, supplies or services concerned shall be correspondingly increased. If by operation of law or otherwise, including any action by the Secretary of the Treasury under Section 307 (c) of the Revenue Act of 1943, the contractor is relieved in whole or in part from the payment of any tax deemed included in the quoted prices, or from bearing its burden, the quoted prices shall be correspondingly reduced. Invoices or vouchers covering any increase or reduction in price in accordance with this subparagraph (a) shall state the amount thereof as a separate added or deducted item.

(b) As to any Federal tax included in the quoted prices or otherwise authorized to be added to those prices in accordance with subparagraph (a) hereof, the contractor waives, releases and assigns to the United States any and all right, title, and interest of the contractor in and to any refund of or credit for such tax upon or by reason of the exportation of any materials or supplies furnished under this contract and agrees to assist the Government, if requested to do so, in obtaining refund, credit or exemption as to such tax.

12. Force majeure.—(a) Except as hereinafter provided in subparagraph (b) of this article, in the event the contractor refuses or fails to make deliveries of material conforming to the specifications as defined in the contract within the time specified or any extension thereof, or to perform faithfully any conditions of the contract, the Contracting Officer, without prejudice to other rights resulting from breach of the contract conditions, may, by written notice, terminate the right of the contractor to proceed with any or all remaining deliveries under the contract.

(b) In the event of any strike, lock-out, difference of workmen, accidents, fire, explosion, floods, mobilization, war (whether declared or underclared) act of any belligerent in any such war, riot, rebellion of any government, whether legal or otherwise; the elements, power shortages, or any other cause beyond the reasonable control of the contractor, whether or not of the nature or character hereinbefore specifically enumerated, performance under the contract shall be suspended in whole or in part until such cause ceases to exist and thereafter the time for fulfillment of the contract shall be extended by the length of time during which such cause prevented performance under the contract; provided, however, that any suspension of performance pursuant to this clause shall not exceed ninety (90) days unless otherwise agreed upon, in writing, by the Government. In the event any force majeure condition provided for in this clause continues beyond said ninety (90) days suspension period, the Government, at its option, may agree, in writing, to extend said suspension period or may cancel the contract with no cost to either party with respect to the undelivered portion thereof.

(c) Unless the contractor shall furnish the Government with written notice of the nature and extent of any force majeure condition referred to in paragraph (b) hereof which is claimed to exist, within a reasonable time after the hap pening thereof, the Terms, and Conditions of said paragraph (b) shall not become operative with respect thereto.

13. Covenant against contingent fees.-The contractor warrants that he has not employed any person to solicit or secure this contract upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the Government the right to annul the contract or, in its discretion, to deduct from the contract price or consideration the amount of such commission, percentage, brokerage, or contingent fee. This warranty shall not apply to commissions payable by contractors upon contracts or sales secured or made through bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business.

14. Benefit to congressional officials.-No member of or delegate to Congress or resident commissioner shall be admitted to any share or part of this contract or to any benefit that may arise therefrom unless it be with a corporation for its general benefit.