John Company

AAWSAP Solicitation and Original Order, September 2008

DOW-UAP-D111 · page 24 of 59

Page 24 of 59 of DOW-UAP-D111

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(c) Work under the contract or its subcontracts shall be credi ted
t oward meeting the smal l
disadvantaged business concern goal required by paragraph (d) of the FAR 52 . 219- 9 clause when:
(1 ) It i s performed on I ndian l ands or i n joint venture with an
Indian tribe or a tribally- owned corporation, and
(2) It meets the requirements of 10 O. S. C. 2323a .
the severely handicapped; and
(d ) Subcontracts awarded to workshops approved by the Committee for Purchase from People Who are
Blind or Severely Disabled (41
O. S.C. 46- 48), may be counted toward the Contractor's small business
s ubcont racting goal .
(e) A mentor firm, under the Pilot Mentor- Protege Program established under Secti on 831 of Pub .
L. 101-510, as amended, may
count toward its small disadvantaged business goal , subcontracts
awarded-­
(1) Protege firms which are qualified organizations employing
(2) Former protege firms that meet the criteria in Secti on
(End of clause)
831 (g) (4) of Pub . L. 101-510 .
(f ) The master plan approval referred to in paragraph (f ) of the
FAR 52 . 219-9 clause is approval by
the Contractor's cognizant contract administration activity .
(g) In those subcontracting plans which specifically i dentify small businesses, the Contractor
s hall notify t he Administrative Contracting Officer of any substitutions of firms that are not
small businesses for the
small business f i rms specifi cally identified in the subcontracting pl an .
Notifications shall be in writing and shall occur within a reasonable period of time after award of
the s ubcontract . Cont ractor- specifi ed formats shall be acceptable .
I . 13
252 . 219- 7005
(252 . 219- 7005) (RESERVED)
I . 14
252 . 219-7006
(252 . 219-7006) (RESERVED)
I . 15
252 . 225-7001
BOY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (JUN 2005 )
(a) "Definitions ." As used in this clause-­
(1 ) "Component " means a n article, material, or supply
incorporated directly i nto an end product .
(2 ) "Domestic end product" means-­
(i) An unmanufactured end product that has been mined or produced i n the United States; or
(ii ) An end product manufactured i n the United States if the cost of its qual ifyi ng
country components
and its components that are mined, produced, or manufactured in t he United
States exceeds 50
percent of the cost of all i ts components . The
cost of components i ncludes
transportation costs to the place of incorporation i nto t he end product
and U. S. duty (whether
or not a duty-free entry certi ficate i s issued) . Scrap generated, collected,
and prepared for
processing in the United States is considered domestic . A component is considered to have been
mined, produced, or manufactured in the United States (regardless of i ts source in fact) i f
the end
product in which it is incorporated is manufactured in the United States and the component
is of a
class or ki nd for which the Government has
determi ned t hat-­
(A) Sufficient and reasonably available commercial quantities of a satisfactory quality are
not mined,
produced, or manufactured i n t he United States ; or
(4 ) "Foreign end product " means an end product other t han a
domestic end product .
(B) It is inconsistent with the public interest to apply the restrictions of the Buy American
Act .
(3 ) "End product " means those articles, materials, and supplies to be acquired under this
contract for public use .
(5 ) "Qualifying country" means any country set forth in subsection 225 . 872-1 of the Defense
Federal Acquisition Regulation Supplement (DFARS).
(6) "Qualifying country component" means a component mined,
produced, or manufactured i n a
qualifying country .
(A) Components mined, produced, or manufactured in a
qualifying country .
(7) "Qualifying country end product " means-­
(i) An unmanufactured end product mined or produced in a
qual ifyi ng country; or
(ii) An end product manufactured in a qualifying country if the cost of the following types of
components exceeds 50 percent of the cost of all i ts components :
(B) Components mined, produced, or manufactured in the United States .
(C) Components of foreign origin of a class or kind for whi ch the Government has determined
that
sufficient and reasonably available commercial
quantities of a satisfactory qual ity are not
mined,
produced, or manufactured i n t he United States .
(b) This clause implements the Buy American Act (4 1 U. S. C.
Section lOa- d) . Unless otherwise
specified, this clause applies to all line items in the contract .
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