AAWSAP Solicitation and Original Order, September 2008

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(f) Any order issued during the effective per i od of this
cont ract and not completed within that
period shal l be completed
by the Contractor withi n t he time specified in the order . The
contract
s hall govern the Contractor ' ' sand Government ' ' s r i ghts
and obligations with respect to t hat
order to t he same e xte nt as if t he order were completed during t he contract ' ' s effective period;
provi ded, that t he Contractor s hall not be required t o
make any deliver i es under t his contract after
I . 38
52 . 216- 22
I NDEFINITE QUANTITY (OCT 1995)
(a) This i s an indefinite-quantity c ontract f o r the supplies o r
servi ces s pe c ified, a nd effect i ve
for t he period stated, in the
Schedule . The quantities of supplies and services specified in the
Schedule a re estimates onl y and are not purchased by this
cont ract .
(b) Delivery or performance shall be made only as authorized
by orders issued i n accordance with
the Ordering c lause . The
Contractor shall furnish to the Gover nment , when and if o rdere d,
the
s upplies or services s pecified in the Schedule up to and
i ncluding the quantity designated in the
Schedul e as the
"maximum . " The Governme nt shall orde r at l east t he quantity of
s uppli es or services
designa t e d i n the Schedule as the "minimum."
(c ) Except for any limitations on quantities i n t he Order
Limitations clause or i n the Schedule,
there i s no l imit on t he
number of orders that may be issue d . The Government may i ssue
orders
requiri ng delivery to multiple destinations or performance
at multiple locati ons .
(End of Clause)
(d ) Any order issued during the effective period of this contract and not completed within that
period shall be completed
by the Contractor withi n the time s pecified i n the order . The
contract
s hall govern t he Contractor ' ' sand Government ' ' s r i ghts
a nd obligations with respect to t hat
order to t he same extent as if t he order were completed during t he contract ' ' s e ffective period;
provided, that t he Cont ractor shall not be required to
make any del iveries under this contract after
I . 39
52 . 219-13
{52 . 219-13 ) [RESERVED]
I . 40
52 . 219-16
LIQUIDATED DAMAGES--SUBCONTRACTI NG PLAN (JAN 1999 )
(a ) "Failure to ma ke a good fai th effort t o comply with t he
s ubcont ract i ng plan", as used i n this
c l ause, means a willful or
i ntent i onal fai lure t o perform in accordance with the requi rements
of the subcontracting plan approved under the clause in t his contract entitled "Small Business
Subco nt racting Plan ," o r wi llful or intentional action t o f rustrate the p lan .
(b) Performance s hal l be measured by applying the percentage
goal s to t he total actual
s ubcontracting dollars or, if a
commercial p l a n is involved, to t he p ro rata s hare of act ual
s ubcontracting dol l ars attributable to Government contracts covered by t he commercial plan . If,
at cont ract compl etion or, in
the case of a commercial p lan, at the c l ose of t he fiscal yea r for
which the plan is appl icable, the Contractor has fai l ed to meet
i ts subcontracting goals and the
Contract ing Officer decides i n
accordance with paragraph {c) of this clause that the Contractor
fai led to ma ke a good faith effort to comply with its subcontracti ng plan, establi shed i n accordance
with t he c lause i n t his contrac t entitl e d "Small Business Subcontracting Plan, " t he
Contractor
s hall pay the Government liquidated d a mages i n an
amount stated . The amount of probabl e damages
attributable to the Contractor ' ' s fai l ure to comply shall be an amount equal to t he
actual dollar
amount by which the Contractor f aile d to achieve
each subcontract goa l .
(d ) Wit h respect to commercial plans, the Contracting Officer
who approved the p l an will perform
the f unctions of t he
Contracting Officer under this c lause on behalf of a l l agenci es
with contracts
covered by the commercial plan .
(End of Clause)
(c ) Before the Contracting Officer makes a final decision that
t he Contractor has fai led to make
such good faith effort , t he
Contracting Officer s hal l give t he Contractor written notice
specifying
the fai lure and per mitting the Cont ractor to
demonstrate wha t good fai th efforts have been made a nd
to discuss
t he matter . Failure to respond to the notice may be taken as a n
admission that no valid
explanation exists . If, after
consideration of all the p ertinent data , the Contracting Officer
finds that the Contractor failed to make a good faith effort to
comply with the subcontracting plan,
the Contrac t ing Officer shall issue a final decis i on to tha t effect and require that the
Contractor
pay t he Government liquidated damages as provided in
paragraph (b ) of this clause .
(f) Liqui dated damages shall be in addition to any other
remedies that t he Government may have .
(e) The Contractor shall have t he r ight of appeal , under the clause i n t his contract entitled,
Disputes, from any fi nal decision of the Contracting Officer .
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