Annual Report — Small Business — [x] Reg. S-B Item 405 — Form 10-KSB
Filing Table of Contents
Document/Exhibit Description Pages Size
1: 10KSB40 Form 10-Ksb Dated December 31, 1997 48 226K
2: EX-6 Contract With Lockheed Martin 6 23K
3: EX-27 Financial Data Schedule 2 8K
4: EX-99 Risk Factors 3 17K
EX-6 — Contract With Lockheed Martin
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EXHIBIT 6
SUBCONTRACT NO. K97-185269
LOCKHEED MARTIN IDAHO TEC8NOLOGIES COMPANY (LMITCO)
2525 Freemont Avenue
P. O. Box 1625, Idaho Falls, ID 83415-3521
OPERATING UNDER U. S. GOVERNMENT CONTRACT NO. DE-AC07-94IDI3223
To: Orbit Technologies, Inc.
2011 Palomar Airport Road
Carlsbad, CA 92009
Confirming to: James A. Giansiracusa
Effective Date: May 7, 1997
Completion Date: August 31, 1997
1. STATEMENT OF WORK
The Subcontractor shall furnish the following services, in accordance with the
requirements, terms and conditions specified or referenced in this
Order/Subcontract (terms considered interchangeable):
Encapsulation and testing of Surrogate Salts in accordance with the Statement of
Work entitled, Encapsulation of Surrogate Salts by Mixing with Polysiloxane,
Dated March 6, 1997.
2. RESOURCES
The Subcontractor shall provide all resources, e.g., materials, labor, tooling,
equipment, and facilities, necessary to fulfill the requirements of this
Subcontract, except as otherwise specified.
Procurement Agent: Michelle Wiest
Telephone: (208) 526-0634
Fixed Price: $92,800.00
Ship via: N/A
F.O.B./Trans.: N/A
Cash Terms: Net 30 Days
Billing Address:
Signed:
Accounts Payable
Lockheed Martin Idaho Technologies Company LMITCO
P. O. Box 1625
Idaho Falls, ID 83415-3117
Procurement Agent: Michelle Wiest
Signed:
Title:
Return one signed copy of this Subcontract to LMITCO.
3. APPLICABLE DOCUMENTS
a. The following document(s) is (are) incorporated into, and become a part of,
this Subcontract:
Statement of Work entitled, "Encapsulation of Surrogate Salts by Mixing with
Polysiloxane", dated March 6, 1997.
4. TERMS AND CONDITIONS
a. The following document is incorporated by reference and hereby forms a part
of this action: Lockheed Martin Idaho Technologies Company General Provisions
for Non-Construction Subcontracts and Purchase Orders, PROC183, Rev. August
1996. (Note: This and other documents are available at the following internet
address:
http://www.inel.gov/procurement/iitco/bu
b. Certification of Eligibility
Subcontractor, by entering into this Subcontract, certifies that it is not
debarred, suspended or has not otherwise been declared ineligible from receiving
Federal contracts. Disclosure that Subcontractor was ineligible for Federal
contracts on or before the effective date of this Subcontract shall constitute
an additional basis for termination under the "Default" Article of the General
Provisions.
c. Sales Tax
LMITCO has been granted Direct Pay Authority for the Idaho Sales tax by the
Idaho Tax Commission.
d. Responsibility of Subcontractor
Subcontractor shall be responsible for the professional quality and technical
accuracy of services provided under this Subcontract. Subcontractor shall
perform all rework required due to errors and/or omissions by Subcontractor's
personnel at no charge to LMITCO. Neither LMITCO's review, approval, or
acceptance of, nor payment for, the services required under this Subcontract
shall be construed to operate as a waiver of any rights under this Subcontract
or of any cause of action arising out of the performance of this Subcontract,
and Subcontractor shall be and remain liable to LMITCO in accordance with
applicable law for all reperformance of services caused by Subcontractor's own
negligent performance of any of the services furnished under this Subcontract or
any errors, omissions, or deficiencies. The rights and remedies of LMITCO
provided for under this Subcontract are in addition to any other rights and
remedies provided by law. If Subcontractor is comprised of more than one legal
entity, each such entity shall be jointly and severally liable hereunder. This
paragraph takes precedence over all other clauses, provisions or articles in
this Subcontract or applicable General Provisions.
Utilization of Former Employees
Except as approved by LMITCO in advance, Subcontractor shall not utilize former
LMITCO or Coleman employees, who participated in the early retirement program of
1995 or voluntary separation programs of 1995 and 1996. This restriction also
applies to any lower-tier Order(s) awarded by the Subcontractor.
By acceptance of this Subcontract, Subcontractor certifies that it has not and
shall not make or solicit kickbacks in violation of the Anti-Kickback Act of
1986.
5. PRICE
a. The firm-fixed price of this Subcontract is $92,800.00.
b. Invoices shall be mailed to the following address:
Accounts Payable Lockheed Martin Idaho Technologies Company
P. O. Box 1625 Idaho Falls, ID 83415-3117
Procurement Agent: Michelle Wiest
6. DELIVERY/COMPLETION DATE
This Subcontract shall be in effect through August 31, 1997.
7. INSPECTION/ACCEPTANCE
Final inspection of material, equipment or services under this Subcontract will
be performed at the INEEL and is subject to the following "final acceptance"
paragraph:
Acceptance under this Subcontract occurs at the time Contractor authorizes final
payment.
8. ADMINISTRATION
a. The Subcontractor's responsibilities shall be administered by James A.
Giansiracusa. Subcontractor agrees that James A. Giansiracusa will have overall
technical direction of the work to be performed by Subcontractor and shall be
available at all reasonable times in connection therewith.
Subcontractor agrees that the below listed key personnel shall be assigned to
this Subcontract in the indicated positions:
Any change in assignment must have prior approval of the Contractor.
b. Administrative and Legal Jurisdiction
Unless the Subcontractor is otherwise notified in writing, Contractor's
responsibilities under this action shall be administered by Michelle Wiest or an
authorized Procurement Agent/Subcontract Administrator (terms considered
interchangeable), Procurement Supervisor, or Procurement Manager.
c. Technical Jurisdiction and Occurrence Reporting Representative
All work performed under this Subcontract shall be under the technical
jurisdiction of Guy Loomis. Such jurisdiction is to extend only to the
assignment and coordination of work under this Subcontract.
d. Notices
Any notice provided for this action shall be considered as having been given:
To the Contractor, if delivered personally to Michelle Wiest, or if mailed by U.
S. Mail addressed to the Procurement Agent, Procurement, P.O. Box 1625, Idaho
Falls, Idaho 83415-3521; or
To the Subcontractor, if delivered personally to its duly authorized
representative at the site of work or if mailed by U. S. Mail addressed to the
Subcontractor at 2011 Palomar Airport Road, Carlsbad, CA 92009.
MODIFICATION NO. 1 TO SUBCONTRACT NO. K97-~85269
LOCKHEED MARTIN IDAHO TECHNOLOGIES COMPANY (LMITCO)
2525 Fremont Avenue
P. O. Box 1625, Idaho Falls, ID 83415-3521
OPERATING UNDER U. S. GOVERNMENT CONTRACT NO. DE-AC07-94ID13223
Orbit Technologies, Inc. 2011 Palomar Airport Road Carlsbad, CA 92009 Confirming
to: James A. Giansiracusa
Page 1 of 2
Effective Date: July 30, 1997
This Modification effects the following:
1. The Subcontract completion date is extended from August 31, 1997 to
September 30, 1997.
2. In Article 1, Statement of Work, delete the period after "Dated March 6,
1997" and add Revision No. 1, dated July 8, 1997 (revision submitted via
facsimile on July 9, 1997).
3. In Article 5, Price, item A shall be revised to include the following: The
firm-fixed price shall be paid based on Attachment B, Milestone Payment
Schedule. The price shown for each Milestone Deliverable in Attachment B will be
paid upon final acceptance of each Milestone Deliverable by LMITCO.
Pricing Summary Price of this Subcontract Price of this Modification No. 1
Revised Price of this Subcontract
Procurement Agent: Michelle Wiest Billing Address:
Accounts Payable
LMITCO
Mailstop 3117
P. O. Box 1625
Idaho Falls, ID 83415-3117
Title:
Signed:
$92,800.00
$13.500.00
$106,300.00
Telephone: (208) 526-0634
Lockheed Martin Idaho Technologies Company Date
Return one signed copy of this Modification to LMITCO.
LMITCO FORM PROC-1812b (Rev. 07/97)
Release of Claims
Lockheed Martin Idaho Technologies Company Modification No. 1 to Subcontract No.
K97-185269 (Continuation Sheet) Page 2 of 2
As consideration for the issuance of this Modification No. 1, the Subcontractor
for itself, its predecessors, successors, and assigns, hereby releases and
forever discharges LMITCO, the U. S. Government and their respective officers,
agents, employees, successors, and assigns, jointly and severally, from any and
all liabilities, claims, demands, actions or causes of action of whatever kind
or character arising under or in connection with this Subcontract.
Except to the extent changed by this Modification, or to the extent rendered
inconsistent herewith, all of the terms and provisions of this Subcontract
remain unchanged and continue in full force and effect.
July 8, 1997
Revision No. 1
STATEMENT OF WORK
FOR ENCAPSULATION OF SURROGATE SALTS
BY MIXING WITH POLYSILOXANE
Section 3.0, Technical Tasks, of the original Statement of Work, dated March 6,
1997 shall be revised by addition of the following:
3.8 Formulate two surrogate waste forms in accordance with Attachment 5.
3.9 Mix the waste forms at 50% by weight waste 50% polysiloxane.
3.10 Perform compressive strength tests on each waste form.
3.11 Perform TCLP for RCRA metals and TCE.
The results of the above shall be incorporated into the final analysis report.
Dates Referenced Herein and Documents Incorporated by Reference
| Referenced-On Page |
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| This ‘10KSB40’ Filing | | Date | | First | | Last | | | Other Filings |
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| Filed on: | | 4/21/99 | | | | | | | None on these Dates |
| For Period End: | | 12/31/97 |
| | 9/30/97 | | 5 |
| | 8/31/97 | | 1 | | 5 |
| | 7/30/97 | | 5 |
| | 7/9/97 | | 5 |
| | 7/8/97 | | 5 | | 6 |
| | 5/7/97 | | 1 |
| | 3/6/97 | | 1 | | 6 |
| List all Filings |
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