AAWSAP Solicitation and Original Order, September 2008
DOW-UAP-D111 · page 35 of 59
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(a ) "Minimum order ." When the Government requires supplies or services covered by t his contract in an amount of less than the Government is not obligated to purchase, nor is the Contractor obl igated to furnish, those s upplies or services under the contract . (b) "Maximum order . " The Contractor is not obligated to honor- (1 ) Any order for a single i tem in excess of (2) Any order for a combination of items in excess of or (3 ) A series of orders from the same ordering office within days that together cal l for quantities exceeding the l imi tation in paragraph (b) (1) or (2) of this section . (c ) If this is a requirements contract (i . e . , includes the Requirements clause at subsection 52 . 216-21 of t he Federal Acquisition Regulation (FAR)) , t he Government is not required to order a part of any one r equirement from the Cont ractor if that requireme nt e xceeds the maximum- order limitations i n paragraph (b) of t his secti on . (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations i n paragraph (b), unless that order (or orders ) is returned to the ordering office withi n days after issuance, with written notice stating t he Contractor ' ' s i ntent not to ship the item (or items) cal led for and the reasons . Upon receiving thi s notice, t he Government may acquire the supplies or services from another source . (End of Clause) I . 36 52 . 216- 20 DEFINITE QUANTITY (OCT 1995) (a ) This is a definite- quantity, indefinite- delivery contract for the supplies or services specifi ed, and effective for the period stated, in the Schedul e . (b) The Government s hall order t he quantity of s upplies or services specified i n the Schedul e , and the Contractor shall furni sh them when ordered . Deliver y or performance shall be at l ocations designated in orders issued i n accordance with the Ordering c l ause and t he Schedule . (c) Except for any l imitations on quantiti es i n the Order Limitations clause or i n the Schedule, t here i s no limit on t he number of orders that may be issued . The Government may i ssue orders requiri ng delivery to multi pl e destinations or per formance at multiple l ocations . (d ) Any order issued during t he effective peri od of this contract and not completed within that time shal l be compl eted by t he Contractor within the time specified in the order . The contract s hall gove rn t he Cont ractor ' ' sand Government ' ' s r ights a nd obligat ions with respect to t hat order to t he same extent as i f t he order were completed during t he contract ' ' s effective period; provided, that the Contractor s hall not be require d to ma ke any deliveri es unde r this cont ract aft er (End of Clause) I . 37 52 . 216-21 REQUIREMENTS (OCT 1995 ) (a) Thi s is a requirements contract for t he supplies or services specified, and effect ive for the period stated, in the Schedule . The quantities of supplies or services specifi ed i n the Schedule are estimates only and are not purchase d by this contract . Except as this contract may otherwi se provide, if the Government ' ' s requirements do not result i n orders in the quantiti es described as "estimated" or "maximum" in the Schedule, that fact s hall not constitute the basis for an equitable pri ce adj ustment . (b) Delivery or performance shall be ma de onl y as authorized by orders issued i n accordance with the Ordering clause . Subject to any limitations in the Order Limitati ons clause or e l sewhere i n t his contract, the Contractor shall f urnish to the Government all supplies or services specified in t he Schedul e and called for by orders issued i n accordance with the Orderi ng clause . The Government may issue orders requiring delivery to mul tipl e destinations or performance at mul tipl e l ocations . (c) Except as t his contract otherwise provides, the Government shall order from the Contractor all t he supplies or services specified in the Schedul e t hat are required to be purchased by the Government activity or acti vities speci fied i n t he Schedule . (e ) If t he Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract , and i f t he Contractor wi l l not accept an order providi ng for the accelerat ed de l ivery, the Government may acquire the urgently required goods or services from another source . (End of Clause) (d ) The Government is not required to purchase from the Contractor requirements i n excess of any limi t on total orders under this contract . PAGE 35 OF 59 HHM402-08-C-0072