AAWSAP Solicitation and Original Order, September 2008

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I . 27
52 . 203-3
GRATUI TIES (APR 1984)
(a) The r i ght of the Contracto r to proceed may be terminated by
written notice if, aft er noti ce
and heari ng, the agency head or a
designee determines that the Contractor, its agent, or another
representative-­
(1) Offered or gave a gratuity (e . g ., an entertainment or gift )
to an officer, official, or
employee of the Government ; and
(2 ) Intended, by t he gratuity, to obtain a contract or favorable treatment under a contract .
(b) The facts supporti ng this determination may be reviewed by
any cour t having lawful
jurisdi ction .
(c) If this contract is terminated under paragraph (a) of this clause, the Government is
entitl ed-­
(1) To pursue the same remedies as in a breach of the contract ; and
(2) In addition to any other damages provided by law, to exemplary damages of not l ess t han
3 nor more than 10
times the cost incurred by the Contractor in giving gratuities to the person
concer ne d, as determined by the agency head or a designee . (This paragraph (c ) (2) is applicable only
if this contract uses money appropriated to the Department of Defense . )
(d) The rights and reme dies of t he Government provided i n this clause s hall not be exclusive and
are i n addition to any other rights and remedi es provided by law or under this contract .
(End of Clause)
I . 28
52 . 203-5
COVENANT AGAINST CONTINGENT FEES (APR 1984)
(a) The Contractor warrants t hat no per son or agency has been
employed or retained to sol ici t or
obtain this contract upon an
agreement or understanding for a contingent fee , except a bona fide
employee or agency . For breach or viol ation of t his warranty, the
Government shall have t he r i ght t o
annul this contract without liability or, in its discretion, to deduct from the contract price or
considerati on, or otherwise recover, t he full amount of the contingent fee .
(b) "Bona fide agency," as used in thi s clause, means an established commerc i a l o r selling agency,
mai ntained by a
contractor for t he purpose of securing business, that neither exerts nor proposes
to exert improper i nfluence t o soli cit or
obtain Government contracts nor hol ds itsel f out as being
abl e to obtain any Government contract or contracts through improper influence .
"Bona fide employee, " as used in this clause, means a person,
employed by a contractor and subject
t o the contractor ' ' s
supervision and control as to time, place, and manner of performance, who
neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts
nor holds out
as being able to obtain any Government contract or contracts through i mproper
influence .
"Contingent fee," as used i n this clause, means a ny commission ,
percentage , brokerage, or other fee
that is contingent upon the success that a person or concern has in securing a Government
contract .
"I mproper infl uence," as used in this clause, means any
i nfluence that induces or tends to i nduce a
Government employee or officer to give consideration or to act regarding a Government
contract on
any basis ot her than t he merits of t he matter .
(End of Cl ause)
I . 29
52 . 203-6
RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement
with an actual or prospective
subcontractor, nor otherwise act in any manner, which has or may
have
the effect of restricting sal es by such s ubcontractors direct l y to the Government of any i tem or
process (including computer software) made or furnished by the s ubcontractor under this contract or
under any follow-on production contract .
(b) The prohibition in (a ) of this c l ause does not preclude the Contractor from asserting rights
that are otherwise authorized by
law or regulation .
(c ) The Contract or agrees to incorporate the substance of this
clause, i ncluding this paragraph
(c) , in all subcontracts under this contract which exceed the simplified acquisiti on threshold .
(End of Clause)
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