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(D) The Federal Govarurnent is not a party to this contract and is not subject to any <br />obligations or liabilities to the Agency, Vendor, any subcontractors or any other party <br />pertaining to any matter resulting from the contract. <br />(E) <br />(1) General and administrative expenses shall be negotiated and must conform to the <br />Cost Principles. <br />(H) 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 industry profit rates <br />in the surrounding geographical area for similar work. <br />(M) Any agreement, amendment or change order for work performed on a time and <br />materials basis shall include a ceiling price that Vendor exceeds to its own risk. <br />32 <br />