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B-175526 1 (1973-05-23)

handle is hein.gao/gaobaadoc0001 and id is 1 raw text is: 


,    .             COMr'COI4XVR (WNERAL OF THE UNITD STATES



       11-175526                                     yf 23, 1973






       The Jemar Corp.orntion
       6-1.3 Eouth E hty-Three
       Elxnh.rt, Xfinois G126
            Attention; Nr. Jerry J. H-archess
                       President
       Gentlemen:

            rai wnl aeknowledgp receipt of your tettcrs dated April 214
       1973, in vhich you requcst that ye reconsider our declieolt of
       Jbly 5, 19729 52 Comp. Gen. 13P and allege that forelgn-mrnufuctured
       softbals were nupplicd the Ckvrnent in viola.ion of the terms of
       ZMh 2FM-E-0 - 149issued by the General erdcts Administration


            In the above-cited decision, e conclude that the sewing in
       siti of donestically-madesoftballs covers around dnesticatly-
       wtule cores constituted a mwcnaetu-e1 of the notftbaln in HIiti,
       precluding their qualification as '.B. End Products atr, defined
       in, and required by, the solicitation. You contend that thin con-
       clusion in erronecn, tor in your opinion:
           ** * to define the word 'unuftctured irould
           be to any that the entire operation wan qr-
           f~ormed in a certain place. Jnety-six percent
           of our operation is pe gCored in tho Unltel
           States, utilizing U.S. labor and U.S. cc..rnp-
           nento, irtilo only 4 -. is actually parind
           outeide the United Mtates, utilzingroruign
           labor but rith IM4 U.s. components.
           (Emphaois in origi al.)

           The applicable .U.  .  .S AMDl) X&MCEB (Balance of Pa:ments
       Progrtm) clause requires the contractor to deliver U.S. End Products,
       i..  'ut end product mauuactured in the United Stttes, If the cost
       of the co n',oncnts thereof i:hich are nined, produced or manufactured
       in the United Ctaten exceedv 50 percont of the cost of al its com-
       pnents,  Co.pcancntc are those articles, n  terir.lc, and cupplieu
       vuldch iae directly incorporated in the end proauctc.

                         4                        .11.     '4
                       Ko'

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