JULY 05
SOLICITATION FOR OFFERS
OUTPATIENT CLINIC
SFO NO. V101-183R-xxx-xxx-xx
[INSERT LOCATION OF FACILITY]
(3)
Including, directly or indirectly, the amount of any kickback in the contract price
charged by a prime Contractor to the United States or in the contract price charged by
a subcontractor to a prime Contractor or higher tier subcontractor.
(c)
(1)
The Contractor shall have in place and follow reasonable procedures designed to
prevent and detect possible violations described in paragraph (b) of this clause in its
own operations and direct business relationships.
(2)
When the Contractor has reasonable grounds to believe that a violation described in
paragraph (b) of this clause may have occurred, the Contractor shall promptly report in
writing the possible violation. 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 Department of Justice.
(3)
The Contractor shall cooperate fully with any Federal agency investigating a possible
violation described in paragraph (b) of this clause.
(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 withhold from sums owed a subcontractor under the prime contract, the
amount of the kickback. 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 the either case, the Prime Contractor shall notify the Contracting Officer when the
monies are withheld.
(5)
The Contractor agrees to incorporate the substance of this clause, including
subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this
contract which exceed 0,000.
29.
52.223-6
DRUG-FREE WORKPLACE (JAN 1997)
(a)
Definitions. As used in this clause --
"Controlled substance" means a controlled substance in schedules I through V of section 202
of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21
CFR 1308.11 - 1308.15.
"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of
sentence, or both, by any judicial body charged with the responsibility to deter-mine violations
of the Federal or State criminal drug statutes.
"Criminal drug statute" means a Federal or non-Federal criminal statute involving the
manufacture, distribution, dispensing, possession, or use of any controlled substance.
"Drug-free workplace" means the site(s) for the performance of work done by the Contractor
in connection with a specific contract at which employees of the Contractor are prohibited
from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance.
"Employee" means an employee of a Contractor directly engaged in the performance of work
under a Government contract. "Directly engaged" is defined to include all direct cost
employees and any other Contractor employee who has other than a minimal impact or
involvement in contract performance.
"Individual" means an offeror/contractor that has no more than one employee including the
offeror/contractor.
(b)
The Contractor, if other than an individual, shall-- within 30 days after award (unless a longer
period is agreed to in writing for contracts of 30 days or more performance duration), or as
soon as possible for contracts of less than 30 days performance duration--
(1)
Publish a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the
Contractor's workplace and specifying the actions that will be taken against employees
for violations of such prohibition;
(2)
Establish an ongoing drug-free awareness program to inform such employees about--
(i)
The dangers of drug abuse in the workplace;
(ii)
The Contractor's policy of maintaining a drug-free workplace;
Part IX Forms
Lessor __________ Gov't. __________
__________ of __________ Pages
GENERAL CLAUSES (Form 3517B)
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