part ii - contract clauses
part ii - contract clauses
part ii - contract clauses
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I.4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE<br />
GOVERNMENT. (SEP 2006)<br />
DE-AC05-00OR22725<br />
Modification No. 341<br />
Section I<br />
(a)<br />
(b)<br />
(c)<br />
Except as provided in (b) of this clause, the Contractor shall not enter into any<br />
agreement with an actual or prospective sub<strong>contract</strong>or, nor otherwise act in any<br />
manner, which has or may have the effect of restricting sales by such sub<strong>contract</strong>ors<br />
directly to the Government of any item or process (including computer software)<br />
made or furnished by the sub<strong>contract</strong>or under this <strong>contract</strong> or under any follow-on<br />
production <strong>contract</strong>.<br />
The prohibition in (a) of this clause does not preclude the Contractor from asserting<br />
rights that are otherwise authorized by law or regulation.<br />
The Contractor agrees to incorporate the substance of this Clause, including this<br />
paragraph (c), in all sub<strong>contract</strong>s under this <strong>contract</strong> which exceed the simplified<br />
acquisition threshold.<br />
I.5 52.203-7 ANTI-KICKBACK PROCEDURES. (JUL 1995)<br />
(a)<br />
Definitions.<br />
“Kickback,” as used in this clause, means any money, fee, commission, credit, gift,<br />
gratuity, thing of value, or compensation of any kind which is provided, directly or<br />
indirectly, to any prime Contractor, prime Contractor employee, sub<strong>contract</strong>or, or<br />
sub<strong>contract</strong>or employee for the purpose of improperly obtaining or rewarding<br />
favorable treatment in connection with a prime <strong>contract</strong> or in connection with a<br />
sub<strong>contract</strong> relating to a prime <strong>contract</strong>..<br />
“Person,” as used in this clause, means a corporation, <strong>part</strong>nership, business<br />
association of any kind, trust, joint-stock company, or individual.<br />
“Prime <strong>contract</strong>,” as used in this clause, means a <strong>contract</strong> or <strong>contract</strong>ual action<br />
entered into by the United States for the purpose of obtaining supplies, materials,<br />
equipment, or services of any kind.<br />
“Prime Contractor” as used in this clause, means a person who has entered into a<br />
prime <strong>contract</strong> with the United States.<br />
“Prime Contractor employee,” as used in this clause, means any officer, <strong>part</strong>ner,<br />
employee, or agent of a prime Contractor.<br />
“Sub<strong>contract</strong>,” as used in this clause, means a <strong>contract</strong> or <strong>contract</strong>ual action entered<br />
into by a prime Contractor or sub<strong>contract</strong>or for the purpose of obtaining supplies,<br />
materials, equipment, or services of any kind under a prime <strong>contract</strong>.<br />
DE-AC05-00OR22725 Section I—Page 3 of 276