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Title 48 Part 552 → Subpart 552.2 → §552.270-30

Title 48 → Chapter 5 → Subchapter H → Part 552 → Subpart 552.2 → §552.270-30

Electronic Code of Federal Regulations e-CFR

Title 48 Part 552 → Subpart 552.2 → §552.270-30

e-CFR data is current as of October 21, 2019

Title 48Chapter 5Subchapter HPart 552Subpart 552.2 → §552.270-30


Title 48: Federal Acquisition Regulations System
PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Subpart 552.2—Text of Provisions and Clauses


552.270-30   Price Adjustment for Illegal or Improper Activity.

As prescribed in 570.703, insert the following clause:

Price Adjustment for Illegal or Improper Activity (JUN 2011)

(a) If the head of the contracting activity (HCA) or his or her designee determines that there was a violation of subsection 27(a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in the Federal Acquisition Regulation, the Government, at its election, may—

(1) Reduce the monthly rental under this lease by five percent of the amount of the rental for each month of the remaining term of the lease, including any option periods, and recover five percent of the rental already paid;

(2) Reduce payments for alterations not included in monthly rental payments by five percent of the amount of the alterations agreement; or

(3) Reduce the payments for violations by a Lessor's subcontractor by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was placed.

(b) Prior to making a determination as set forth above, the HCA or designee shall provide to the Lessor a written notice of the action being considered and the basis thereof. The Lessor shall have a period determined by the agency head or designee, but not less than 30 calendar days after receipt of such notice, to submit in person, in writing, or through a representative, information and argument in opposition to the proposed reduction. The agency head or designee may, upon good cause shown, determine to deduct less than the above amounts from payments.

(c) 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 lease.

(End of clause)

[76 FR 30847, May 27, 2011]


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