AAWSAP Solicitation and Original Order, September 2008

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(iv) Any Contractor request for a determination submitted after contract award shall expl ain
why t he Contractor could not reasonably foresee t he need for such determination and could not have
requested the determination before contract award. If t he Contractor does not submit a satisfactory
explanation , the Contracting Officer need not make a determination .
(2) If the Government determines after contract awa r d that an exception t o the Buy Ameri can
Act applies and t he
Contracting Officer and the Contractor negotiate adequate consideration, the
Contracting Officer wil l modify the contract to a l low use of the forei gn construction materi al .
However, when the basis for t he excepti on is the unreasonable price of a domestic construction
materi al,
adequate consi derat i on i s not l ess than t he differentia l
established i n paragraph (b) (4)
(i ) of this clause .
!_______________
I
Item 2 :
!_______________
I
Foreign construction
I
material
!______________
I_______________
I
Domestic construction
I
material
[List name , address, telephone number, and contact for
suppliers surveyed . At tach copy of response; i f oral, attach
summary . ]
[Include other appli cabl e supporting information . ]
[+ Include all delivery costs to the construction site and any
appli cable duty (whether or not a duty- free entry certificate
is issued) . ]
(End of Clause)
I . 55
52 . 229- 3
FEDERAL, STATE, AND LOCAL TAXES (APR 2003)
(a ) As used in t his c l ause-­
"After- i mposed Federal tax" means any new or i ncreased Federal
excise tax or duty, or tax that was
exempted or excluded on the contract date but whose exemption was later revoked or reduced during
the contract period, on the transactions or property covered by this contract that the Contractor
is required to pay
or bear as the result of l egisl ative, judicial, or administrati ve acti on taking
effect after the contract date . It does not include social security tax or other employment taxes .
"After-relieved Federal tax" means any amount of Federal e xcise tax or duty, except social security
or other employment taxes,
that would otherwise have been payable on the transacti ons or property
covered by this contract, but which the Contractor is not required t o pay or bear, or for which t he
Contractor obtains
a refund or drawback, as the result of legi slative, judicial, or administrative
action taking effect after the contract date .
"All applicabl e Federal, State, and l ocal taxes and duties "
means all taxes and duti es, i n effect
on the contract date, that
t he taxing authority is i mposing and collecting on the transactions or
property covered by thi s contract .
"Contract date" means the date set for bid opening or, if this is a negotiated contract or a
modifi cati on, the e ffective date of t his contract or modi fication .
(b) The contract price includes a l l applicable Federal , State ,
and local taxes and duties .
(d) The cont ract pr ice s hall be decreased by the amount of any
after-relieved Federal tax .
"Local taxes " incl udes taxes imposed by a possession or terri tory of the United States, Puerto
Rico, or t he Northe r n
Mariana Islands , if the contract is performed whol ly or partly in any of
t hose areas .
(c ) The contract price s hall be increased by the amount of any
after-imposed Federal tax, provided
t he Contractor warrants i n
wr iti ng that no amount for such newly i mposed Federal excise tax
or duty
or rate i ncrease was included in the contract price, as
a contingency reserve or otherwise .
(End of Cl ause)
(e) The contract price shall be decreased by the amount of any
Federal excise tax or duty, except
social security or other empl oyment taxe s , that t he Contractor i s required t o pay or bear, or
does not obtain a refund of, through the Contractor ' ' s
fault, negligence, or failure to follow
i nstructions of t he
Contracting Officer .
(f ) No adjustment shal l be made in the contract price under this clause unless the amount of the
adjustment exceeds $250 .
(g) The Contractor s hall promptly noti fy the Contracti ng
Off i cer of all matters relating t o any
Federal excise tax or duty t hat reasonably may be e xpected to result in either an
increase or
decrease i n the contract pr ice and shal l take
appropri ate act i on as the Cont racting Officer directs .
PAGE 52 OF 59 HHM402-08-C-0072