Exhibit 10.56 ***Text Omitted and Filed Separately Confidential Treatment Requested Under 17 C.F.R. 200.80(b)(4), and 240.24b-2. Delivery Order DTFA01-02-23004 Contract DTFA01-02-C-00023 DELIVERY ORDER DO#4 Under Contract No. DTFA01-02-C-00023
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| Exhibit 10.56 |
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| ***Text Omitted and Filed Separately |
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| Confidential Treatment Requested |
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| Under 17 C.F.R. §§ 200.80(b)(4), and 240.24b-2. |
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| Delivery Order DTFA01-02-23004 |
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| Contract DTFA01-02-C-00023 |
DELIVERY ORDER DO#4
Under Contract No. DTFA01-02-C-00023
The purpose of this Delivery Order is to order an additional 50 complete CTX-9000 units and 50 parts kits known as long lead time items, in accordance with Contract number DTFA01-02-C-00023. Items authorized under this Delivery Order are prescribed herein.
1. Section B
The Contractor shall provide the following supplies and services in accordance with the terms and conditions of this letter contract. The following line item(s) will be ordered in accordance with the contract amounts set forth below.
CLIN |
| TITLE |
| QUANTITY |
| UNIT PRICE |
| TOTAL |
| ||
0001A |
| Pass Through SA EDS Unit (CTX-5500) |
| [ *** ] |
| $ | [ *** ] |
| $ | [ *** ] |
|
0007 |
| Integrated EDS Unit (CTX-9000) |
| [ *** ] |
| $ | [ *** ] |
| $ | [ *** ] |
|
0007 |
| Parts Kits for Integrated EDS Unit (CTX-9000) |
| [ *** ] |
| $ | [ *** ] |
| $ | [ *** ] |
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| TOTAL ORDERED |
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| $ | 93,360,000 |
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2. Funding: Funding in the amount of $93,360,000 is hereby authorized under this Delivery Order, under the provisions set forth below:
3.2.4-22 Limitation of Government Liability (April 1996)
(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding $93,360,000 dollars.
(b) The maximum amount for which the Government shall be liable if this contract is terminated is $157,550,000 dollars.
(End of clause)
Expenditures above that amount are not authorized, and are at InVisions own risk.
3. Section C
The Contractor shall deliver the supplies and services associated with the above CLINs in accordance with the Statement of Work in Contract DTFA01-02-C-00023.
* Confidential Treatment Requested
4. Section F
ITEM |
| SUPPLY/SERVICE |
| QTY |
| DATE OF |
| PLACE OF |
| PLACE OF |
|
0001A |
| Pass Through SA EDS |
| [ *** ] |
| By [ *** ] |
| [ *** ] |
| FOB ORIGIN |
|
0007 |
| Integrated EDS Unit (CTX-9000) |
| [ *** ] |
| By [ *** ] |
| [ *** ] |
| FOB ORIGIN |
|
0007 |
| Integrated EDS Unit (CTX-9000) |
| [ *** ] |
| By [ *** ] |
| [ *** ] |
| FOB ORIGIN |
|
0007 |
| Integrated EDS Unit (CTX-9000) |
| [ *** ] |
| By [ *** ] |
| [ *** ] |
| FOB ORIGIN |
|
0007 |
| Integrated EDS Unit (CTX-9000) |
| [ *** ] |
| By [ *** ] |
| [ *** ] |
| FOB ORIGIN |
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0006A |
| Total Production Units |
| [ *** ] |
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b. Period of Delivery
The period of delivery for this order is from the date of award through December 31,2002.
5. Section G
a) The following administration data applies to this order:
Contracting Office
Transportation Security Administration
John J. Handrahan
590 Herndon Parkway
Suite 120
Herndon, VA 20170
Telephone ###-###-####
Fax ###-###-####
Contracting Officers Technical Representative (COTR)
Transportation Security Administration
Keith Goll
590 Herndon Parkway, Suite 120
Herndon, VA 20170-5232
Telephone ###-###-####
Fax ###-###-####
* Confidential Treatment Requested
2
Quality Reliability Officer (QRO)
Federal Aviation Administration
Quality Reliability Officer (QRO)
Lindsey Humphrey, ASLJ-200
7151 Gateway Boulevard
Newark, CA 94560
Telephone ###-###-####
Fax ###-###-####
b. This Delivery Order is funded in the amount of $93,360,000. This amount is considered the contract ceiling. Unless modified by the Contracting Officer in writing, the Contractor may not exceed this ceiling except at its own risk (see clause in Contracting Officers letter dated February 19, 2002 Limitation of Government Liability (Apr 1996)
c. The Contractor shall submit to the FAA Contracting Officer the serial numbers/ID numbers for each system delivered under this Delivery Order, at least one week prior to, but no later than, delivery of the system.
6. Section H - Special Terms and Conditions
The following terms apply to this Delivery Order, number DTFA01-02-23004 only.
(1) In the event the Contractor fails to meet the delivery schedule as provided herein, such failure will be considered in accordance with the Termination for Default clause (AMS 3.10.6-4(1996)).
(2) Payment Terms:
For CLIN 0006A Production Units.
For units 101 through 400:
70% of the CLIN price at satisfactory completion of Factory Acceptance Test (minus any previously paid long-lead items). Satisfactory completion includes a signed form FAA-256, Inspection Report of Material and/or Services.
30% of the CLIN price at satisfactory completion of Site Acceptance Test, but not later than 90 days after successful completion of the Factory Acceptance Test. Satisfactory completion includes a signed form FAA-256, Inspection Report of Material and/or Services.
For CLIN 0007:
Up to 50% of the CLIN price at time of order, but not to exceed the actual costs of long lead items.
70% of the CLIN price at satisfactory completion of Factory Acceptance Test (minus any previously paid long-lead items). Satisfactory completion includes a signed form FAA-256, Inspection Report of Material and/or Services.
30% of the CLIN price at satisfactory completion of Site Acceptance Test, but not later than 90 days after successful completion of the Factory Acceptance Test. Satisfactory completion includes a signed form FAA-256, Inspection Report of Material and/or Services.
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