John Company

AAWSAP Solicitation and Original Order, September 2008

DOW-UAP-D111 · page 35 of 59

Page 35 of 59 of DOW-UAP-D111

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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 .
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