AAWSAP Solicitation and Original Order, September 2008
DOW-UAP-D111 · page 37 of 59
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I . 41 52 . 219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003 ) (a ) "Definition ." "Small business concern," as used in this clause , means a concern, including its affiliates , t hat is independently owned and operated, not dominant in the fiel d of operation in which it is bidding on Government contracts , and qualified as a small business under the s i ze standards in this solicitation . (b) "General ." (1 ) Offers are solicited only from small business concerns . Offers received from concerns that are not small business concerns shall be consi dered nonrespons i ve a nd wi ll be re jected. (2 ) Any award resulting from t his solicitation will be made to a small business concern . (c) "Agreement . " A small business concern submitti ng an offe r in its own name shal l furnish , i n performing the contract , only end items manufactured or produced by small business concerns in t he Uni t ed States or its outl ying areas . I f t his pr ocurement i s processed under simpl ifi ed acqui sition procedures and the total amount of thi s contract does not exceed $25, 000, a small business concern may furnish t he product of any domestic firm . This paragraph does not apply to construction or service contracts . (End of Clause) I . 42 52 . 219-8 UTILIZATION OF SMALL BUSINBSS CONCBRNS (MAY 2004 ) (a) It is the policy of t he United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns , HUBZone small business concerns, small disadvantaged business concerns, and women- owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, i ncluding contracts and subcontracts for subsystems , assemblies, components, and related services for major systems . It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of thei r subcontracts wit h small business concerns , veteran-owned smal l business concerns , service disabled veteran- owned small business concerns, HUBZone s mall business concerns , small disadvantaged business concerns , and women-owned small busi ness concerns . "Service-disabled veteran-owned small business concern"- (b) The Cont ractor hereby agrees to carry out this policy in the awarding of subcontracts t o the fullest extent consistent with efficient contract performance . The Contractor further agrees t o cooperate i n any studi es or s urveys as may be conduct ed by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of t he Contractor ' ' s compliance with this clause . (c ) Definitions . As used in this contract- "HUBZone small business concern" means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by t he Small Busi ness Administration . (2 ) Service-disabled veteran means a veteran, as defined in 38 u.s.c. 101(2) , with a disability that is service-connected, as defined i n 38 U. S. C. 101 (16) . (1 ) Means a small business concern- (i) Not l ess than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service- disabled veterans ; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in t he case of a service- disabled veteran with permanent and severe disabil ity, the spouse or permanent caregi ver of such veteran . "Small business concern" means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regul at i ons promulgated pursuant thereto . "Small disadvantaged business concern " means a small business concern t hat represents , as part of its offer that - (1 ) It has received certification as a small disadvantaged business concern consistent with 13 CFR part 124, Subpart B; (2 ) No material change in disadvantaged ownership and control has occurred since its certificati on; "Women-owned small business concern" means a small business concern- (3 ) Where the concern is owned by one or more individuals, the net worth of each individual upon whom the certification is based does not e xceed $750, 000 after t aking into account t he applicable exclusions set forth at 13 CFR 124 . 104 (c ) (2) ; and (4 ) It is identified, on the date of its representation, as a certified small disadvantaged business in the database maintained by the Small Business Administration (PRO-Net ). "Veteran- owned small business concern" means a small business concern- PAGE 37 OF 59 HHM402-08-C-0072