John Company

AAWSAP Solicitation and Original Order, September 2008

DOW-UAP-D111 · page 32 of 59

Page 32 of 59 of DOW-UAP-D111

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(a) The Government s uspends or debars Contractors t o protect the
Government ' ' s interests . The
Contractor shal l not enter into any
subcontract i n excess of $30, 000 with a Contractor that is
debarred, suspended, or proposed for debarment unless t here is a
compelling reason to do so .
(b) The Contractor s hall require each proposed first- tier subcontractor, whose subcontract will
exceed $30 , 000, to disclose to the Contract or, i n writing, whether a s of the time of award of t he
s ubcontract , the subcontractor, or its principals, is or is not debarred, suspended, or proposed for
debarment by t he Federal Government .
(c ) A corporate officer or a designee of the Contractor shall
notify the Contracting Offi cer, in
wr iti ng, before entering into a subcontract wi th a party that is debarred, suspended, or proposed
for debarment (see FAR 9. 404 for informa t ion on the
Excluded Parties List System) . The notice must
i nclude t he
following :
(1 ) The name of the subcontractor .
(2 ) The Contractor ' ' s knowledge of the reasons for the subcontractor being in the Excluded
Parties List System .
(3 ) The compel ling reason(s) for doing business with t he
subcontractor notwithstanding its
i nclusi on i n the Excluded Parties List System.
(4 ) The systems and procedures the Contractor has established to ensure that it is f ully
protecting the Government ' ' s
i nterests when dealing with such subcontractor in view of the specifi c
basis for the party ' ' s debarment, suspension, or proposed debarment .
(End of Cl ause)
I . 33
52 . 215-1
I NSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)
(a) "Definitions ." As used i n this provisi on-­
"Discussions " are negotiations t hat occur after establ ishment of the competitive range t hat may, at
the Contracting Officer ' ' s
discretion, result in the offeror being allowed t o revi se its
proposal .
"In writing," "writi ng,• or "written" means any worded or numbered expression that can be read,
reproduced, and later communicated, and includes electronically transmitted and stored information .
"Proposal modi fication" is a change made to a proposal before
t he sol icitation ' ' s c l osing date and
time, or made i n response to an amendment , or made to correct a mistake at any time before award.
"Proposal r evi sion" i s a change to a proposal made after the solicitation closing date, at the
request of or as allowed by a
Contracting Officer as the result of negotiations .
"Time," if stated as a number of days , i s calculated usi ng calendar days , unl ess otherwise
specifi ed, and will i nclude Saturdays, Sundays, and legal holi days . However, i f t he last day falls
on a Saturday, Sunday, or legal holiday, t hen the period
shall i nclude the next working day .
(b) "Amendments to solicitations ." If this sol icitation is
amended, all terms and conditions that
are not amended remain
unchanged . Offerer s s hall acknowledge receipt of any amendment to t his
sol icitati on by the date and t i me speci fied i n the
amendment (s ).
(c ) "Submission, modification, revision, and withdrawal of proposals . "
(1 ) Unless ot her methods (e . g ., electronic comme rce or
f acsi mile) are permitted in the
solicitation, proposals
a nd modifications to proposals s hall be submitted in paper media in sealed
envelopes or packages
(iii ) A statement specifying the extent of agreement with all terms, conditions, and provisions
included in the sol ici t ation and agreement to furni sh any or a l l
i tems upon which pri ces are offered
at the price set opposite each item;
(i) addressed to the office specified in the sol i citation, and
(ii ) showing the time and date specifi ed for receipt, the
sol icitation number, and t he name
and address of t he offer e r .
Offerers using commercia l carriers should ensure that the proposal is
marked on the outermost wrapper with t he
informat i on i n paragraphs (c ) ( 1) ( i ) and <c ) ( 1) (ii) of
t his
provision .
(2 ) The first page of t he proposal must show-­
(i) The solicitat i on number;
(ii ) The name, address , and telephone and facsimi l e numbers of t he offeror (and electronic
address if available);
(iv) Names, titles, and telephone and f acsimi l e numbers (and electronic addresses if avail able)
of persons
authorized to negotiate on the offeror ' ' s behal f with
the Government i n connection with
this solicitation;
and
(v) Name, title, and signature of person authorized to s ign
the proposal . Proposals signed by
an agent shall be
accompanied by evidence of that agent ' ' s authority,
unless that evidence has been
previously furnished to
t he i ssuing office .
(3 ) "Submission, modification, revision, and withdrawal of proposals . "
(i ) Offerer s are responsible for submi tting proposals , and
any modi f i cati ons or revisions ,
so as to reach the Government office designated i n the sol icitation by t he time specified in the
PAGE 32 OF 59 HHM402-08-C-0072