64.    RESERVED

65.    FAR 52.215-2, AUDIT AND RECORDS - NEGOTIATION (AUG 1996) AND ALT II 4/98
    (Applies if subcontract exceeds the simplified acquisition threshold in FAR Part 2 ($100,000 as of FAC 90-45 of 1/1/97)) and is a Cost Reimbursement, Time & Materials, Incentive, Labor Hour or price redeterminable contract, or any combination of these; or for which cost or pricing data are required; or that require the subcontractor to furnish cost funding or performance reports.)          ALT II applies if this is a cost-reimbursement contract with a state or local government educational institution, or other non-profit organization.
    Incorporated into this order by reference.

66.    DFARS 252.215-7000, PRICING ADJUSTMENTS (DEC 1991)
    The term "pricing adjustment," as used in paragraph (a) of the clauses entitled "Price Reduction for Defective Cost or Pricing Data - Modifications," "Subcontractor Cost or Pricing Data," and "Subcontractor Cost or Pricing Data - Modifications," means the aggregate increases and/or decreases in cost plus applicable profits.

67.    FAR 52.215-22, PRICE REDUCTION FOR DEFECTIVE COST OR     PRICING DATA (OCT 1995) (MODIFIED)
    (Applies as modified below if this order exceeds the threshold for submission of cost or pricing data at FAR 15.804-2(a)(1) unless an exception from submission of certified cost or pricing data at FAR 15.804-1 applies.  NOTE:  FAR reference is to the version of the FAR in effect on the date of publication of this clause referenced above.)     Incorporated into this order by reference except that paragraph (d) is deleted and replaced with the following:
    (d)    Seller shall provide Buyer current, complete and accurate cost and pricing data and shall certify the same in accordance with applicable statute, regulation and requirements of the Buyer, and the Seller shall indemnify and hold the Buyer harmless from all loss, damage expense, and cost caused or arising out of Seller's failure or alleged failure to comply herewith.  This indemnification requirement shall survive the end of this order.

68.    FAR 52.215-23, PRICE REDUCTION FOR DEFECTIVE COST OR     PRICING DATA - MODIFICATIONS (OCT 1995) (MODIFIED) 
    A.    This clause applies to any modifications to this Purchase Order involving a pricing adjustment expected to exceed the threshold for submission of cost or pricing data at FAR 15.804-2(a)(1), except that this clause does not apply to any modification if an exception under FAR 15.804-1 applies.
    NOTE:  FAR reference is to the version of the FAR in effect on the date of publication of this clause referenced above.
    Incorporated into this order by reference except that paragraph (e) is deleted and replaced with the following:
        (e).    Seller shall provide Buyer current, complete and accurate cost and pricing data and shall certify the same in accordance with applicable statute, regulation and requirements of the Buyer, and the Seller shall indemnify and hold the Buyer harmless from all loss, damage expense, and cost caused or arising out of Seller's failure or alleged failure to comply herewith.  This indemnification requirement shall survive the end of this order.

69.    FAR 52.215-24, SUBCONTRACTOR COST OR PRICING DATA 
    (OCT 1995) (MODIFIED)
    (Applies to any Purchase Order expected to exceed the threshold for submission of cost or pricing data as modified below.)
    Incorporated into this order by  reference except that in addition to changing the language to reflect the relationship of the parties, insert the words "substituting Buyer's name for Contracting Officer" in paragraph (b) after the word "(FAR)".

70.    FAR 52.215-25, SUBCONTRACTOR COST OR PRICING DATA -     MODIFICATIONS (OCT  1995) (MODIFIED)
    (Applies as modified below to any purchase order that exceeds the threshold for submission of cost or pricing data at FAR 15.804-2(a)(1) on the date of agreement on price or the date of award, whichever is later.)
    Incorporated into this order by reference except that in addition to changing the language to reflect the relationship of the parties, insert the words "substituting Buyer's name for Contracting Officer" in paragraph (c) after the wording "FAR 15.804-4,".
    NOTE:  FAR reference is to the version of the FAR in effect on the date of publication of this clause referenced above.

70.A.    FAR 52.215-42, REQUIREMENTS FOR COST OR PRICING DATA     OR INFORMATION OTHER THAN COST OR PRICING DATA -     MODIFICATIONS (JAN 1997) AND ALT II  (OCT 1995)
    Incorporated into this order by reference.

71.    FAR 52.232-17, INTEREST (JUNE  1996) (MODIFIED)
    Incorporated by reference into this order except that in paragraphs (a) and (b)(3) leave "Government" as-is and add  "or Buyer" after it.

72.    FAR 52.215-30, FACILITIES CAPITAL COST OF MONEY 
    (SEP 1987)
    (Applies, as modified below to reflect relationship of parties,  if Seller proposed facilities capital cost of money in its offer.  Otherwise, the clause entitled "Waiver of Facilities Capital Cost of Money" applies.)     A.    Facilities capital cost of money will be an allowable cost under the contemplated Purchase Order, if the criteria for allowability in subparagraph 31.205-10(a)(2) of the Federal Acquisition Regulation are met.  One of the allowability criteria requires the prospective Seller to propose facilities capital cost of money in its offer.
    B.    If the prospective Seller does not propose this cost, the resulting Purchase Order will include the clause "Waiver of Facilities Capital Cost of Money."

73.    FAR 52.215-31, WAIVER OF FACILITIES CAPITAL COST OF     MONEY (SEP 1987)
    (Applies, as modified below to reflect the relationship of the parties, if Seller did not propose facilities capital cost of money in its offer.)     The Seller did not include facilities capital cost of money as a proposed cost of this Purchase Order.  Therefore, it is an unallowable cost under this Purchase Order.

74.    FAR 52.230-2, COST ACCOUNTING STANDARDS (APR 1996)     (MODIFIED)
    (1)    If this is a negotiated subcontract in excess of $500,000, unless otherwise excepted or exempted under 48 CFR, Subparts 9903.201-1 and 9903.201-2, Cost Accounting Standards, as required by Rev. 4/96 of FAR 52.230-2 (Cost Accounting Standards), are applicable and hereby incorporated by reference as if set forth in full except that paragraph (b) is deleted and "United States" in paragraph (a)(4)(ii) means "Buyer or United States."
    However,  if Seller has certified that it is eligible for, and elects to use, modified CAS coverage, clause 75, FAR 52.230-3 "Disclosure and Consistency of Cost Accounting Practices" shall be applicable in lieu of this clause.  However, clause 75.A., FAR 52.230-4 "Consistency in Cost Accounting Practices", shall be applicable if Seller is a United Kingdom contractor, the order is to be performed substantially in the United Kingdom, and the Seller is eligible under 48 CFR 9903.201-1(b)(12) (FAR Appendix B).
    2.    Seller shall communicate and otherwise deal directly with the Government Contracting Officer to the extent practicable and permissible as to all matters relating to Cost Accounting Standards.  Seller shall provide Buyer with copies of all communications between Seller and the Government Contracting Officer respecting this clause, provided Seller shall not be required to disclose to Buyer such communications containing information that is privileged and confidential to the Seller.
    3.    In addition to any other remedies provided by law or under this order, Seller agrees to indemnify and hold Buyer harmless to the full extent of any loss, damage, or expense if Buyer is subjected to any liability as the result of a failure of Seller or its lower-tier subcontractors to comply with the requirements of this clause.
    4.    The Seller shall insert this clause in any negotiated subcontract in excess of $500,000 when required by FAR 52.230-2 paragraph (d). 

75.    FAR 52.230-3, DISCLOSURE AND CONSISTENCY OF COST     ACCOUNTING PRACTICES (APR 1996) (MODIFIED)
    1.    If this is a negotiated subcontract in excess of $500,000, unless otherwise excepted or exempted from CAS applicability under 48 CFR, Subparts 9903.201-1 and 9903.201-2, CAS is applicable. However, if Seller has certified that it is eligible for, and elects to use, modified CAS coverage, the clause FAR 52.230-3, "Disclosure and Consistency of Cost Accounting Practices" is applicable and is incorporated into this order by reference, except that paragraph (b) of FAR 52.230-3 is deleted and "United States" in paragraph (a)(3)(ii) means "Buyer or United States".
    However, Clause 75.A., FAR 52.230-4, "Consistency in Cost Accounting Practices", shall be applicable if Seller is a United Kingdom contractor, the order is to be performed substantially in the United Kingdom, and the Seller is eligible under 48 CFR 9903.201-1(b)(12) (FAR Appendix B).
    2.    Seller shall communicate and otherwise deal directly with the Government Contracting Officer to the extent practicable and permissible as to all matters relating to Cost Accounting Standards.  Seller shall provide Buyer with copies of all communications between Seller and the Government Contracting Officer respecting this clause, provided Seller shall not be required to disclose to Buyer such communications containing information that is privileged and confidential to the Seller.
    3.    In addition to any other remedies provided by law or under this order, Seller agrees to indemnify and hold Buyer harmless to the full extent of any loss, damage, or expense if Buyer is subjected to any liability as the result of a failure of Seller or its lower-tier subcontractors to comply with the requirements of this clause.
    4.    The Seller shall insert this clause in any negotiated subcontract that exceeds $500,000 when required by FAR 52.230-3 paragraph (d).

75.A.    FAR 52.230-4, CONSISTENCY IN COST ACCOUNTING     PRACTICES (AUG 1992) (MODIFIED)
    (Refer to Clause 74.1 paragraph 2)
    1.    If this is a negotiated subcontract in excess of $500,000 and is exempted from CAS coverage per 48 CFR 9903.201-1(b)(12) (FAR Appendix B) solely on the basis of the fact that the subcontract is to be awarded to a United Kingdom Contractor and is to be performed substantially in the United Kingdom, this clause is applicable in lieu of FAR 52.230-2 or FAR 52.230-3 and is incorporated below.
    2.    Seller shall communicate and otherwise deal directly with the Government Contracting Officer to the extent practicable and permissible as to all matters relating to Cost Accounting Standards.  Seller shall provide Buyer with copies of all communications between Seller and the Government Contracting Officer respecting this clause, provided Seller shall not be required to disclose to Buyer such communications containing information that is privileged and confidential to the Seller.
    3.    In addition to any other remedies provided by law or under this order, Seller agrees to indemnify and hold Buyer harmless to the full extent of any loss, damage, or expense if Buyer is subjected to any liability as the result of a failure of seller or its lower-tier subcontractors to comply with the requirements of this clause.

    FAR 52.230-4, CONSISTENCY IN COST ACCOUNTING PRACTICES 
    (AUG 1992)
    The Contractor agrees that it will consistently follow the cost accounting practices disclosed on Form CASB DS-1 in estimating, accumulating and reporting costs under this contract.  In the event the Contractor fails to follow such practices, it agrees that the contract price shall be adjusted, together with interest, if such failure results in increased cost paid by the U. S. Government.  Interest shall be computed at the annual rate of interest established under section 6621 of the Internal Revenue Code of 1986 (26 U.S.C. 6621) from the time payment by the Government was made to the time adjustment is effected.  The Contractor agrees that the Disclosure Statement filed with the U. K. Ministry of Defence shall be available for inspection and use by authorized representatives of the United States Government.
 

76.    FAR 52.230-6, ADMINISTRATION OF COST ACCOUNTING     STANDARDS (APR 1996)
    (If this order is subject to either the clause entitled "Cost Accounting Standards" or the clause entitled "Disclosure and Consistency of Cost Accounting Practices" set forth above, this clause FAR 52.230-6, Administration of Cost Accounting Standards is applicable and is incorporated in this order by reference as if set forth in full.)
    This clause is not applicable when clause 75.A., FAR 52.230-4 "Consistency in Cost Accounting Practices" is applicable.

77.    DFARS 252.231-7000, SUPPLEMENTAL COST PRINCIPLES 
    (DEC 1991) (MODIFIED)
    When the allowability of costs under this contract is determined in accordance with Part 31 of the Federal Acquisition Regulation (FAR), allowability shall also be determined in accordance with Part 231 of the Defense FAR Supplement (DFARS) in effect on the date of this Purchase Order.  Also, see Clause 90, Pricing of Contract Modifications.

78.    FAR 52.242-3, PENALTIES FOR UNALLOWABLE COSTS 
    (OCT 1995)
    Incorporated into this order by reference.

79.    FAR 52.242-4 CERTIFICATION OF FINAL INDIRECT COST 
    (JAN 1997) (MODIFIED)
    (Applies if this Purchase Order provides for (a) interim reimbursement of indirect costs; (b) establishment of final indirect cost rates; or (c) contract financing, that includes interim payment of indirect costs, e.g., progress payments).
    (a)    The Seller shall --
        (1) Certify any proposal to establish or modify final indirect cost rates;
        (2) Use the format in paragraph (c) of this clause to certify; and
        (3) Have the certificate signed by an individual of the seller's organization at a level no lower than a vice president or chief financial officer of the business segment of the Seller that submits the proposal.
    (b)    Failure by the Seller to submit a signed certificate, as described in this clause, may result in final indirect costs at rates unilaterally established by the Buyer or Contracting Officer.
    (c)    The certificate of final indirect costs shall read as follows:
    CERTIFICATE OF FINAL INDIRECT COSTS
    This is to certify that I have reviewed this proposal to establish final indirect cost rates and to the best of my knowledge and belief:
    1.  All costs included in this proposal (identify proposal and date)  to establish final indirect cost rates for (identify period covered by rate) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) and its supplements applicable to the contracts to which the final indirect cost rates will apply; and 
    2.  This proposal does not include any costs which are expressly unallowable under applicable cost principles of the FAR or its supplements.
Firm:
Signature:
Name of Certifying Official:
Title:
Date of Execution:

80.    FAR 52.242-1, NOTICE OF INTENT TO DISALLOW COSTS 
    (APR 1984) (MODIFIED)
    (Applies if this is a cost-reimbursement, fixed price incentive, or price redeterminable purchase order.)
    (a)    Notwithstanding any other clause of this Purchase Order-
        (1)    The Buyer may at any time issue to the Seller a written notice of intent to disallow specified costs incurred or planned for incurrence under this Purchase Order that have been determined not to be allowable under the purchase order terms; and
        (2)    The Seller may after receiving a notice under subparagraph (1) above, submit a written response to the Buyer with justification for allowance of the costs.  If the Seller does respond within 60 days, the Buyer shall, within 60 days of receiving the response, either make a written withdrawal of the notice or issue a written decision.
    (b)    Failure to issue a notice under this Notice of Intent to Disallow Costs clause shall not affect the Buyer's or Government's rights to take exception to incurred costs.
 

81.    SUBCONTRACTOR TRAVEL AND PER DIEM COSTS
    Unless agreed to in writing by the Buyer, Seller agrees that:
    (a)    Travel and per diem costs which are to be paid to or reimbursed to Seller under this Purchase Order shall not  exceed the amounts determined to be allowable by Federal Acquisition Regulation (FAR) Subpart 31.2.
    (b)    Costs incurred for lodging, meals and incidental expenses (M&IE) shall be considered to be reasonable and allowable only to the extent  that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the -
        (i)  Federal Travel Regulation (FTR) for travel in the lower 48 continental United States; or,
        (ii)   Joint Travel Regulations (JTR), Volume 2, Appendix A for travel in Alaska, Hawaii, Puerto Rico, and territories and possessions of the United States; or,
        (iii)  Standardized Regulations (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas" or elsewhere.
        Lodging and M&IE - Under the FTR, the per diem allowance for each day is established on the basis of the actual amount the traveler pays for lodgings (including all taxes and service charges) plus an allowance for M&IE, the total not to exceed the applicable maximum per diem rate for the location concerned.
        Seller shall obtain and maintain receipts for lodging for audit purposes to substantiate invoiced amounts.
        Airfare - When it is necessary to use air travel, Seller agrees that, except for special circumstances identified in FAR 31.205-46(0), airfare costs in excess of the lowest customary standard, coach, or equivalent airfare offered during normal business hours are unallowable and EB is not obligated to reimburse any airfare costs in excess of these amounts.
    (c)    Travel to Electric Boat, Groton, CT
    When travel to Electric Boat in support of this Purchase Order requires overnight accommodations, Seller may obtain Electric Boat contracted room rates at certain area hotels in order to comply with FTR lodging limitations for this area.  When making reservations at one of these hotels, Seller is to identify itself as an Electric Boat subcontractor and to request the contracted rate.
        Seller is not required to utilize any of these hotels.  However, when this Order provides for the reimbursement of lodging costs, EB will not be obligated to reimburse any such costs in excess of the FTR amount.
        Electric Boat makes no assurances of, and accepts no liability for, the availability of rooms at the contract rates at these area hotels.
        Seller should contact the Buyer named on this Purchase Order for a current listing of area hotels with whom Electric Boat has contracted room rates.

82.    RESERVED

83.    RESERVED

84.    RESERVED

85.    RESERVED

86.    FAR 52.215-27, TERMINATION OF DEFINED BENEFIT PENSION     PLANS (MAR 1996)
    (Incorporated into this order by reference if the applicability requirements of FAR 15-804-8(e) are met.)
    NOTE:  FAR reference is to the version of the FAR in effect on the date of publication of this clause referenced above.

87.    FAR 52.215-39, REVERSION OR ADJUSTMENT OF PLANS FOR     POST-RETIREMENT BENEFITS OTHER THAN PENSIONS 
    (PRB) (MAR 1996)
    (This article applies if the applicability requirements of FAR 15.804-8(f) are met (Certified cost or pricing data is anticipated to be required for this order or if any pre-award or post-award cost determinations will be subject to FAR part 31)).
        NOTE:  FAR reference is to the version of the FAR in effect on the date of publication of this clause referenced above.
    Incorporated into this order by reference.

88.    LIMITATION ON PRICE ADJUSTMENTS UNDER 10 USC 2405
    (a)    Buyer will not adjust any price for contract material for any amount set forth in a claim, request for equitable adjustment, or demand for payment under this contract  (or incurred due to the preparation, submission, or adjudication of any such claim, request, or demand) arising out of events occurring more than 69 months before the submission of the claim, request, or demand.
    (b)    For the purposes of subsection (a),  a claim, request or demand shall be considered to have been submitted only when the contractor has provided the certification required by section 6(c)(1) of the Contract Disputes Act of 1978 (41 U.S.C. 605(c)(1)) and the supporting data for the claim, request, or demand.
    (c)    See also clause 92, Notification of Changes; clause 93, Documentation of Requests for Equitable Adjustments; clause 94, Certification of Requests for Equitable Adjustment; and, clause 95, Equitable Adjustments: Waiver and Release of Claims.

89.    DFARS 252.243-7000, ENGINEERING CHANGE PROPOSALS 
    (MAY 1994) (MODIFIED)
    (a)    The Buyer may ask the Seller to prepare engineering change proposals for engineering changes within the scope of this contract.  Upon receipt of a written request from the Buyer, the Seller shall prepare and submit an engineering change proposal in accordance with the instructions of MIL-STD-973, in effect on the date of contract award.
    (b)    The Seller may initiate engineering change proposals.  Seller initiated engineering change proposals shall include a "not to exceed " price* or a "not less than" price* and delivery adjustment.  If the Buyer orders the engineering change, the increase shall not exceed nor the decrease be less than the "not to exceed" or "not less than" amounts**.
    (c)    When the price** of the engineering change is $500,000 or more, the Seller shall submit:
        (1)    A completed SF1411, Contract Pricing Proposal Cover Sheet, and
        (2)    At the time of agreement on price*, a signed Certificate of Current Cost or Pricing Data.
    *     Use a term suitable for the type of contract     **    In cost reimbursement type contracts, replace this sentence with the following:  "change orders issued under the "CHANGES" clause of this contract are not an authorization to exceed the estimated cost in the schedule unless there is a statement in the change order, or other contract modification, increasing the estimated cost."
    (d)    Change orders issued under the "CHANGES" clause of this order are not an authorization to exceed the price or estimated cost in this order unless there is a statement in the change order, or other contract modification, increasing the price or estimated cost.

90.    DFARS 252.243-7001, PRICING OF CONTRACT     MODIFICATIONS (DEC 1991) (MODIFIED)
    When costs are a factor in any price adjustment under this contract, the contract cost principals and procedures in FAR Part 31 and DFARS Part 231, in effect on the date of this order.
    Also, see Clause 77, Supplemental Cost Principles.

91.    FAR 52.242-15, STOP-WORK ORDER (AUG 1989) AND ALT I 
    (APR 84) (MODIFIED) 
    (a)    Seller agrees that Buyer may, by written notice at any time,  require Seller to stop all, or any part, of the work called for by this Purchase Order for a period of 90 days after the order is delivered to the Seller, and for any further period to which the parties may agree.  The order shall be specifically identified as a stop-work order issued under this clause.  Upon receipt of the order, the Seller shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.  Within a period of 90 days after a stop-work is delivered to the Seller, or within any extension of that period to which the parties shall have agreed, the Buyer shall either -
        (1)  Cancel the stop-work order; or
        (2)  Terminate the work covered by the order as provided in the "Default", or the "Termination" clause of this Purchase Order.
    (b)    If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Seller shall resume work.  The Buyer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-
        (1)  The stop-work order results in an increase in the time required for, or in the Seller's cost properly allocable to, the performance of any part of this Purchase Order; and
        (2)  The Seller asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Buyer decides  the facts justify the action, the Buyer may receive and act upon the claim submitted at any time before final payment under this Purchase Order.
    (c)    If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Buyer or the Government, the Buyer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
    (d)    If a stop-work order is not canceled and the work covered by the order is terminated for default, the Buyer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
    Alternate I (APR 1984).  If the clause is inserted in a cost-reimbursement contract, in paragraph (b) substitute the words  "an equitable adjustment in the delivery schedule, the estimated cost, the fee, or a combination thereof, and in any other terms of the purchase order that may be affected" for the words "an equitable adjustment in the delivery schedule or  purchase order price, or both."

91.A.    FAR 52.233-3, PROTEST AFTER  AWARD (AUG 1996) AND ALT I     (JUN 1985) (MODIFIED)
    Incorporated, as modified, into this order by reference.  ALT I applies if this is or is intended to be a cost-reimbursement type purchase order.   In addition to revising the language to reflect the responsible parties, (1) change paragraph (a)(2) to read, "Terminate the work covered by the order as provided in the Termination clause of this purchase order", and, (2) delete paragraph (f).

92.    NOTIFICATION OF CHANGES
    The primary purpose of this requirement is to obtain prompt reporting by Seller of any acts or omissions by Buyer which the Seller considers would constitute or would require a change to this purchase order.
    Seller shall provide prompt notice, but in no event no later than 20 days, after it learns of conduct by Buyer which Seller believes constitutes or requires a change to this contract.  Such notice shall contain information in sufficient detail to place the Buyer on notice of the basis and nature of the change and the impact which the change is expected to have on the contract.  Seller shall not proceed with the work under any alleged change until it receives formal written authorization of the change from the Buyer.
    Changes affecting pricing or schedule may only be authorized by a representative of Electric Boat's Materials Management Department or Newport News Shipbuilding's Sourcing Department as the case may be.
    Refer also to the "Changes" clauses in Sections II & III of these terms and conditions.

93.    NAVSEA 5252.233-9103, DOCUMENTATION OF REQUESTS FOR     EQUITABLE ADJUSTMENT (AT)-ALTERNATE I (MAY 1998) (MODIFIED)
    (a)    For the purposes of this requirement, the term "change" includes not only a change made pursuant to a written order designated as a "change order" but also (i) an engineering change proposed by the Buyer or the Seller pursuant to the "Other Change Proposals" or other requirements of this Purchase Order and (ii) any act or omission to act on the part of the Buyer or Government in respect of which a request is made for equitable adjustment under the "CHANGES" clause or any other article or requirement of this purchase order.
    (b)    Whenever the Seller requests or proposes an equitable adjustment of $100,000 or more in respect of a change made pursuant to a written order designated as a "change order" or in respect of a proposed engineering change and when-ever the Seller requests an equitable adjustment in any amount in respect of any other act or omission to act on the part of the Buyer or Government, the proposal supporting such request shall include the following information for each individual item or element of the request:
        (1)    A description (i) of the work required by the Purchase Order before the change, which has been deleted by the change, and (ii) of the work deleted by the change which already has been completed.  The description is to include a list of identifiable components, equipment, and other identifiable property involved.  Also, the status of manufacture, procurement or installation of such property is to be indicated.  Separate description is to be furnished for design and production work.  Items of identifiable raw material, purchased parts, components and other identifiable hardware, which are made excess by the change and which are not to be retained by the Seller, are to be listed for later disposition;
        (2)    Description of work necessary to undo work already completed which has been deleted by the change;
        (3)    Description of work which is substituted or added by the change.  A list of identifiable components and equipment (not bulk materials or items) involved, should be included.  Separate descriptions are to be furnished for design work and production work;
        (4)    Description of interference and inefficiencies in performing the change;
        (5)    Description of disruption attributable solely to the change; which description shall include the following information:
            (i)    Description of each identifiable element of disruption and how work has been, or may be, disrupted;
            (ii)    The calendar period of time during which disruption occurred, or may occur;
            (iii)    Area(s) of the Seller's operations where disruption occurred, or may occur;
            (iv)    Trade(s) or functions disrupted, with a breakdown of manhours and material for each trade or function;
            (v)    Scheduling of trades before, during, and after the period of disruption insofar as such scheduling may relate to or be affected by the estimated disruption;
            (vi)    Description of any measures taken to lessen the disruptive effect of the change.
        (6)    Delay in delivery attributable solely to the change;
        (7)    Other work or increased costs attributable to the change;
        (8)    Supplementing the foregoing, a narrative statement of the nature of the alleged Buyer or Government act or omission, when the alleged Buyer or Government act or omission occurred, and the "causal" relationship between the alleged Buyer or Government act or omission and the claimed consequences therefor, cross-referenced to the detailed information provided as required above.
    (c)    Each proposal submitted in accordance with this requirement shall include a copy of the Seller's labor budget at the cost class level in effect as of the date the event began, the cost incurred at the cost level as of the same date, and the proposed effect of the change at the cost class level.
    (d)    It is recognized that an individual request for equitable adjustment may not include all of the factors listed in subparagraphs (b) (1) through (b) (8) above, or that the Seller may not reasonably be able to furnish complete information on all of the factors listed in subparagraphs (b) (1) through (b) (8) above.  Accordingly, the Seller is only required to set forth in its request for equitable adjustment information with respect to those factors which are relevant to the individual request for equitable adjustment, or in the level of detail which is reasonably available to the Seller.
    (e)    In addition to any information required under paragraph (b) above, each proposal submitted in support of a claim for equitable adjustment, under any requirement of this Purchase Order, in an amount which requires certified cost or pricing data, if requested by the Buyer, shall contain a duly executed Standard Form (SF) 1411 with respect to each individual claim item.  The information furnished shall be in sufficient detail to permit the Buyer to cross-reference the claimed increased costs, or delay in delivery, or both, as appropriate, as set forth in the SF 1411, with the information submitted pursuant to subparagraphs (b) (1) through (b) (8) hereof.
    (f)    The certification requirements as set forth in clause 94 of these terms and conditions entitled "CERTIFICATION OF REQUESTS FOR EQUITABLE ADJUSTMENT" shall be complied with.
    (g)    In addition, refer to Clause 88, "Limitation on price Adjustments Under 10 U.S.C. 2405."

94.    CERTIFICATION OF REQUESTS FOR EQUITABLE ADJUSTMENT
    (Based on DFARS 252.243-7002 (MAR 1998) (MODIFIED))
    (NOTE:  The aggregate amount of both the increased and decreased costs shall be used in determining when the dollar threshold requiring certification is met.)
    (a)    The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the Seller believes the Buyer or the Government is liable.  The request shall include only costs for performing the change, and shall not include any costs that already have been reimbursed or that have been separately claimed.  All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.
    (b)    In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold as defined in the Federal Acquisition Regulations (FAR) shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Seller:

    I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.
    ______________________________     (Official's Name)

    ______________________________             (Title)
    (c)    The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including-
        (1)    Cost or pricing data if required in accordance with FAR Part 15;
        (2)    Information other than cost or pricing data including actual cost data and data to support any estimated costs, even if cost or pricing data are not required.
    (d)    The certification requirement in paragraph (b) of this clause does not apply to-
        (1)    Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or
        (2)    Final adjustments under an incentive provision of the contract.
 

95.    NAVSEA 5252.233-9107, EQUITABLE ADJUSTMENTS:  WAIVER     AND RELEASE OF CLAIMS (JAN 1983) (MODIFIED)
    (a)    Whenever the Seller, after receipt of a change made pursuant to the clause of this Purchase Order entitled "CHANGES" or after affirmation of a constructive change, submits any claim for equitable adjustment under the foregoing, such claim shall include all types of adjustments in the total amounts to which the foregoing entitle the Seller, including but not limited to adjustments arising out of delays or disruptions or both caused by such change.
    (b)    Further, the Seller agrees (except as the parties may otherwise agree) that, if required by the Buyer, it will execute a release, in form and substance satisfactory to the Buyer, as part of the Purchase Order Supplement setting forth the aforesaid equitable adjustment, and that such release shall discharge the Buyer, Government, their officers, agents and employees, from any further claims including, but not limited to, further claims arising out of delays or disruptions or both, caused by the aforesaid change.

96.    RESERVED