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(t7) The Federal Clovertnnent is not a party to this contract and is not subject to any. <br />obligations or liabilities to the Agency, Vendor, any subcontractors or tiny other party <br />portaiming to any matter resulting from the contract. <br />(E) Cienar nyi , ddIAlg t[ve E enses d l}ro it For Tim --And Maul <br />C t• <br />(i) Ocacral and administrative expenses shall be negotiated and mist conform to the <br />Cost Principles, <br />(Ii) profit shall be negotiated as a separate element of the cost. To establish a fair and <br />reasonable profit, consideration must be given to the complexity of the work to be <br />performed, the risk borne by the Vendor, the Vendor's investment, the amount of <br />subcontracting, the quality of its record of past performance, and induatry profit rates <br />In the surrounding geographical area for similar work. <br />(ill) Any agreernent, amendtuent or cbange order for work performed on a time and <br />materials basis shall include a ceiling price that Vendor exceeds at its own risk, <br />32 <br />