Foundations that represent already existing grantee organizations, or a newly formed consortium where the consortium members are already individually recognized as NIH grantee organizations present unique and.
Subpart 5. 2. 2—Text of Provisions and Clauses. Scope of subpart. If the solicitation is a Request for Quotations, the terms “Quotation” and “Quoter” may be substituted for “Offer” and “Offeror.”. Certificate of Independent Price Determination (Apr 1. The offeror certifies that—. Select the right type of licensed contractor for your home improvement project. The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to—. Those prices. (ii) The intention to submit an offer; or. The methods or factors used to calculate the prices offered. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee. As prescribed in 3. The prohibition in paragraph (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. For acquisitions of commercial items, the prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser for the sale of the commercial item(s). Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld. Restrictions on Obtaining and Disclosing Certain Information, the Government may—. Cancel the solicitation, if the contract has not yet been awarded or issued; or. Rescind the contract with respect to which—. The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct violates 4. U. S. C. 2. 10. 2 for the purpose of either—. A) Exchanging the information covered by such subsections for anything of value; or. B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or. The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct punishable under 4. U. S. C. 2. 10. 2 or 2. Federal Acquisition Regulation. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract. As used in this provision—“Lobbying contact” has the meaning provided at 2 U. S. C. The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (5. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (5. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract. If any registrants under the Lobbying Disclosure Act of 1. OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 3. U. S. C. 1. 35. 2. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $1. As used in this clause—. Agency” means “executive agency” as defined in Federal Acquisition Regulation (FAR) 2. Alaskan Natives. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law. An officer or employee who is employed by such person for less than 1. Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 3. U. S. C. 1. 35. 2 the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract. The prohibition in paragraph (b) of this clause does not apply under the following conditions. Agency and legislative liaison by Contractor employees. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision. The Contractor or subcontractor that awards the subcontract shall retain the declaration. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 3. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor. As used in this clause—. Agent” means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U. S. C. Section 5. 52, without prior notification to the Contractor. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5. Is for the acquisition of a commercial item; or. Is performed entirely outside the United States. Recovery Act). As used in this clause—. Acquisition function closely associated with inherently governmental functions” means supporting or providing advice or recommendations with regard to the following activities of a Federal agency. Planning acquisitions. Executive order, or regulation; or. Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public. The Contractor shall—. Have procedures in place to screen covered employees for potential personal conflicts of interest, by—. Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows. A) Financial interests of the covered employee, of close family members, or of other members of the covered employee’s household. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow- up reports of corrective actions taken, as necessary. Personal conflict- of- interest violations include—. Failure by a covered employee to disclose a personal conflict of interest. Use by a covered employee of non- public information accessed through performance of a Government contract for personal gain; and. Failure of a covered employee to comply with the terms of a non- disclosure agreement. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts—. That exceed $1. 50,0. In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i. National Defense Authorization Act for Fiscal Year 2. Pub. 1. 12- 2. 39) and FAR 3.
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