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Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 19 Contract Number: GS -07F -0031W <br />(m) Contracts outside the United States. If this contract is to be performed outside of the United States <br />and its outlying areas, the words "Government' and "Government -furnished" (wherever they appear in <br />this clause) shall be construed as "United States Government' and "United States <br />Government -furnished," respectively. <br />(End of clause) <br />52.219-33 NONMANUFACTURER RULE (SEP 2021) <br />(a) Definitions. As used in this clause <br />Manufacturer means the concern that transforms raw materials, miscellaneous parts, or <br />components into the end item. Concerns that only minimally alter the item being procured do not <br />qualify <br />as manufacturers of the end item. Concerns that add substances, parts, or components to an <br />existing end <br />item to modify its performance will not be considered the end item manufacturer, where those <br />identical <br />modifications can be performed by and are available from the manufacturer of the existing end <br />item. <br />Nonmanufacturer means a concern, including a supplier, that provides an end item it did not <br />manufacture, process, or produce. <br />(b) Applicability. <br />(1) This clause does not apply to contracts awarded pursuant to the unrestricted portion of a <br />partial set-aside or to a contractor that is the manufacturer of the product or end item. <br />(2) This clause applies to— <br />(i) Contracts that have been awarded pursuant to a set-aside, in total or in part, for any of the <br />small business concerns identified in 19.000(a)(3); <br />(ii) Contracts that have been awarded on a sole -source basis in accordance with subparts <br />19.8, 19.13, 19.14, and 19.15; <br />(iii) Orders expected to exceed the simplified acquisition threshold and that are— <br />(A) Set aside for small business under multiple -award contracts, as described in 8.405-5 <br />and 16.505(b)(2)(i)(F); or <br />(B) Issued directly to a small business concern under multiple -award contracts as <br />described in 19.504(c)(1)(ii); <br />(iv) Orders, regardless of dollar value, that are— <br />(A) Set aside in accordance with subparts 19.8, 19.13, 19.14, and 19.15 under multiple award <br />contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); or <br />(B) Issued directly to concerns that qualify for the programs described in subparts 19.8, <br />19.13, 19.14, and 19.15 under multiple -award contracts as described in 19.504(c)(1)(ii); and <br />(v) Contracts using the HUBZone price evaluation preference to award to a HUBZone <br />concern <br />unless the Contractor waived the evaluation preference. <br />(c) Requirements. <br />(1) The Contractor shall— <br />(i) Provide an end item that a small business has manufactured, processed, or produced in the <br />United States or its outlying areas; for kit assemblers who are nonmanufacturers, see <br />Page: 107 of 216 <br />194 <br />