JULY 05
SOLICITATION FOR OFFERS
OUTPATIENT CLINIC
SFO NO. V101-183R-xxx-xxx-xx
[INSERT LOCATION OF FACILITY]
the right to annul this contract without liability or, in its discretion, to deduct from the contract
price or consideration, or otherwise recover the full amount of the contingent fee.
(b)
"Bona fide agency," as used in this clause, means an established commercial or selling
agency (including licensed real estate agents or brokers), maintained by a Contractor for the
purpose of securing business, that neither exerts nor proposes to exert improper influence to
solicit or obtain Government contracts nor holds itself out as being able 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 to 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 improper influence.
"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or
other fee that is contingent upon the success that a person or concern has in securing a
Government contract.
"Improper influence," as used in this clause, means any influence that induces or tends to
induce a Government employee or officer to give consideration or to act regarding a
Government contract on any basis other than the merits of the matter.
28.
52.203-7 - ANTI-KICKBACK PROCEDURES (JUL 1995)
(Applies to leases which exceed 0,000 average net annual rental, including option periods.)
(a)
Definitions.
"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity,
thing of value, or compensation of any kind which is provided, directly or indirectly, to any
prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for
the purpose of improperly obtaining or rewarding favorable treatment in connection with a
prime contract or in connection with a subcontract relating to a prime contract.
"Person," as used in this clause, means a corporation, partnership, business association of
any kind, trust, joint-stock company, or individual.
"Prime contract," as used in this clause, means a contract or contractual action entered into
by the United States for the purpose of obtaining supplies, materials, equipment, or services
of any kind.
"Prime Contractor," as used in this clause, means a person who has entered into a prime
contract with the United States.
"Prime Contractor employee," as used in this clause, means any officer, partner, employee,
or agent of a prime Contractor.
"Subcontract," as used in this clause, means a contract or contractual action entered into by a
prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment,
or services of any kind under a prime contract.
"Subcontractor," as used in this clause, (1) means any person, other than the prime
Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services
of any kind under a prime contract or a subcontract entered into in connection with such
prime contract, and (2) includes any person who offers to furnish or furnishes general
supplies to the prime Contractor or a higher tier subcontractor.
"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 offering to provide any kickback;
(2)
Soliciting, accepting, or attempting to accept any kickback; or
Part IX Forms
Lessor __________ Gov't. __________
__________ of __________ Pages
GENERAL CLAUSES (Form 3517B)
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