AAWSAP Solicitation and Original Order, September 2008
DOW-UAP-D111 · page 25 of 59
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(c) The Contractor s hall deliver only domesti c end products unless , i n its offer, it specified de l ivery of other end products i n the Buy American Act--Balance of Payments Program Certificate provi sion of the soli citation . If t he Contractor certi fied in its offer that it will deliver a qualifying country end product , t he Contractor s hall deliver a qualifying country end product or, at t he Contract or·s option, a domesti c end pr oduct . (End of c l ause) (8) "Uni ted States " means t he 50 states , the District of Col umbia, and out l ying areas . (d ) The contract price does not include duty for end products or components for which the Contractor will claim duty- free entry . I . 16 252 . 225- 7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (APR 2003) (a ) "Definition ." "Qualifying country," as used i n this c l ause, means any country set forth i n subsection 225 . 872- 1 of the Defense Federal Acquisiti on Regulation (FAR) Suppl ement . (b) Subject to t he restri ctions in section 225 . 872 of the Defense FAR Supplement , the Contractor s hall not prec l ude qualifyi ng country sources or U. S. sources from competi ng for subcontracts under this contract . (End of clause) I . 17 252 . 225- 7007 PROHIBITION ON ACQUISITION OF UNITED STATES MUNITIONS LIST ITEMS FROM COMMUNIST CHI NESE MILITARY COMPANI ES (SEP 2006) (a ) Definitions . As used in this clause- "Communist Chinese mil itary company" means any entity that i s- (1 ) A part of t he commercial or defense industrial base of the People's Republic of China; or (2 ) Owned or control l ed by, or affil i ated with, an element of t he Government or armed forces of the People's Republic of China . "United States Muni tions List " means the munitions list of t he I nternational Traffic in Arms Regulation in 22 CFR Part 121 . (b) Any supplies or services covered by t he United States Munitions List that are de l ivered under this cont ract may not be acquired, directly or indirectly, from a Communist Chinese military company . (c ) The Contractor shall i nsert t he substance of this clause, inc l uding t his paragraph (c ) , i n a l l subcontracts for items covered by the United States Munitions List . (End of clause ) I . 18 252 . 225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITI ES (MAR 2008 ) (a) "Definitions ." As used in t his c l ause- (1 ) "Component " means any item suppl ied to the Government as part of an end product or of another component . (2 ) "End product " means supplies delivered under a l ine item of this contract . (b) The Contractor shall deliver under thi s contract only such of the fol l owi ng i tems , e i t her as end products or components , that have been been grown, reprocessed, reused, or produced i n the Uni ted States , its possessi ons, or Puerto Rico : (4 ) Cotton and other natural fiber products . (1 ) Food . (2 ) Clothing and t he materials and components t hereof, other than sensors, electronics , or other items added to, and not normally associated with, clothing and the materials and components thereof . Clothing includes items such as outerwear, headwear, underwear, nightwear, footwear , hosiery, handwear, belts, badges, and insignia . (3 ) Tents, tarpaulins , or covers . (5 ) Woven s i l k or woven silk bl ends . (6 ) Spun silk yarn for cartridge cloth . (7 ) Synthetic fabric , and coated synthetic fabri c , i ncluding all textile f i bers and yarns that are for use i n such fabrics . (i i) Does not exceed the simpl ifi ed acquisition threshold in FAR Part 2; (8 ) Canvas products . (9) Wool (whether in the for m of f iber or yar n or contai ned in f abri cs, materials, or manufactured articl es). (10) Any item of individual equipment (Federal Suppl y Class 8465) manuf actured from or containi ng fibers , yarns, fabrics , or material s listed in t his paragraph (b ). (c ) This clause does not appl y- PAGE 25 OF 59 HHM402-08-C-0072