AAWSAP Solicitation and Original Order, September 2008

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SECTION I
CONTRACT CLAUSES
I . 1
252 . 203- 7000
{ 252 . 203- 7000} [RESERVED]
I . 2
252 . 203- 7001
PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE- CONTRACT- RELATED
FELONI ES (DEC 2004 )
(a) "Definiti ons ." As used in t his clause-­
(1) "Arising out of a contract with the DoD" means any act in
connect i on with-­
(i) Attempting to obtain;
(ii) Obtai ning; or
(iii ) Performi ng a contract or first- tier subcontract of any
agency, department, or component of the Department of
Defense (DoD) .
(2 ) "Conviction of fraud or any other felony " means any
conviction for fraud or a felony i n violation of state or
Federal criminal statutes, whether entered on a verdict or
plea, i ncl uding a plea of nolo contendere, for which sentence
has been imposed .
(3 ) "Date of conviction" means the date judgment was e ntered
agai nst the indi vidual .
(2) On the board of directors of t he Contractor;
(3) As a consultant , agent, or representative for the
(b) Any individual who is convicted after September 29, 1988, of fraud or any other felony arising
out of a contract with t he DoD is prohibited from serving-­
(1 ) In a management or supervisory capacity on this contract ;
Contractor; or
(4) In any other capacity with the authority to infl uence,
advise, or control the deci sions of t he Cont ractor wit h
paragraph (b) of t his clause; or
t he cont ractor or first-tier s ubcontractor .
regard to t his contract .
(c) Unless waived, the prohibition in paragraph (b) of this clause applies for not less than 5 years
from t he date of conviction .
(d) 10 u.s .c. 2408 provides that the Contractor shall be subject to a criminal penalty of not more
than $500, 000 if convicted of
knowingly-­
(1 ) Employing a person under a prohibition specified in
(2 ) Allowing such a person to serve on the board of directors of
(e ) In addition to the cri minal penal ties contained in
10 U. S.C. 2408 , the Government may consider
other available remedies, such as-­
(f) The Contractor may s ubmit written requests for waiver of the prohibition i n paragraph (b ) of
t his clause to the Contracting Officer . Requests shall clearly identify-­
(1) Suspensi on or debarment ;
(2 ) Cancellation of the contract at no cost to the Government; or
(3) Termination of the contract for default .
(1) The person involved;
(2) The nature of the convi ction and resultant sentence or
(4 ) An explanation of why a waiver is in the interest of
puni shment i mposed;
(3 ) The reasons for the requested waiver; and
national security .
(g) The Contract or agrees to i nclude the substance of this
c l ause, appropriately modi fied to
reflect the identity and relationship of the parties, in all first-tier subcontracts exceeding
simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation, except those for
commercial
items or components .
(h) Pursuant to 10 U. S.C. 2408 (c ) , defense contractors a nd
subcontractors may obtain information
as to whether a particular person has been convicted of fraud or any other fe l ony arising out of a
contract with the DoD by contacting The Office of Justice Programs, The Denial of Federal Benefits
Office, U. S.
Department of Justice, telephone (301) 809-4904 .
(End of clause)
I . 3
252 . 205-7000
PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)
(a ) "Definition ." "Cooperative agreement holder" means a State or local government; a private,
nonprofit organization; a tribal organization (as defined in section 4 (c ) of the Indian Self­
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