AAWSAP Solicitation and Original Order, September 2008

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I . 30
52 . 203-7
ANTI-KICKBACK PROCEDURES (JUL 1995 )
(a ) "Definiti ons . "
"Kickback, " as used in this clause, means any money, fee ,
commission, credit , gift , grat uity, thing
of value, or
compensation of any kind which is provided, direct l y or indirectly, to any pri me
Contractor, prime Contractor employee,
s ubcontractor, or subcontractor employee for t he purpose of
improperly obtaining or rewarding favorable t reatment in connecti on with a prime contract or in
connection with a
subcontract rel ating to a prime contract .
(1 ) means any person, other than the pri me Cont ractor, who
offers to f urni sh or furnishes any
supplies, material s , equipment , or services of any ki nd under a pri me contract or a subcontract
entered into in connection with s uch
prime contract, and
"Person," as used in this clause, means a corporation,
partnership, business association of any
kind, t r ust , joint-stock company, or i ndivictual.
"Prime contract," as used in this clause, means a contract or contractual action entered into by
the United States for the
pur pose of obtai ning s uppl i es, materials , equipment , or services of any
kind .
"Prime Contract or" as used i n t hi s c l ause, means a person who has entered into a prime contract
with the United States .
"Prime Contractor empl oyee," as used i n t his clause , means any officer, partner, empl oyee, or agent
of a pri me Contractor .
"Subcontract, " as used i n this c l ause, means a contract or contractual action entered i nto by a
pr ime Contractor or subcontractor for the pur pose of obtaining supplies, materials ,
equipment , or
services of any kind under a prime contract .
"Subcontractor," as used in t his clause,
(2) includes any person who offers to furnish or f urnishes
general supplies to the pri me
Contractor or a higher tier s ubcontractor .
(3) The Contractor shall cooperate fully wi th any Federal agency investigating a possi ble
violation described i n paragraph (b) of this c l ause .
"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of
a subcontractor .
(b) The Anti- Kickback Act of 1986 (41 U. S. C. 51- 58 ) (the Act) ,
prohibits any person from-­
(1 ) Providing or attempting to provide or offeri ng to provide any ki ckback;
(2) Soli citi ng, accepting, o r attempti ng to accept any
kickback; or
(3 ) Including, directly or i ndirectly, the amount of a ny
kickback i n t he contract price charged
by a prime Contract or to the United States or in the contract price charged by a subcontractor to a
pr ime Contractor or higher tie r subcontractor .
(c )
(1 ) The Contractor shall have in place and follow reasonable procedures designed to prevent and
detect possible violations described i n paragraph (b ) of this clause i n
its own operations and
direct business rel ationships.
(2 ) When the Contractor has reasonable grounds to believe that a violation described in paragraph
(b) of this
c l ause may have occurred, the Contractor shall promptly report in writing the possible
violati on . Such reports shall be made to the i nspector genera l of t he contracting agency, t he head
of the contracting agency if t he agency
does not have an inspector general , or t he Department of
Justice .
(4 ) The Contracting Officer may (i ) offset the amount of the kickback against any monies owed by
the United States under the prime contract and/or (ii) direct that the
Prime Contractor withhol d
from sums owed a subcontractor
under the prime contract t he amount of the kickback . The
Contracti ng
Officer may order that monies withheld under
subdivision (c) (4) (ii ) of this clause be paid over to
the Government unl ess the Government has already offset t hose monies under subdivision (c) (4 ) (i)
of t his clause . In either case, the Pri me Contractor shall noti fy the
Contracting Offi cer when the
monies are withhel d .
(5 ) The Contractor agrees to i ncorporate the substance of this clause, incl udi ng paragraph (c) (5)
but excepting paragraph (c) (1) , in all s ubcont racts under this contract which e xceed $100, 000 .
(End of Clause)
I . 31
52 . 203- 9
{52 . 203- 9) [RESERVED)
I . 32
52 . 209- 6
PROTECTING THE GOVERNMENT ' S I NTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006 )
PAGE 31 OF 59 HHM402-08-C-0072