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Title 48 Part 552 → Subpart 552.2 → §552.270-32

Title 48 → Chapter 5 → Subchapter H → Part 552 → Subpart 552.2 → §552.270-32

Electronic Code of Federal Regulations e-CFR

Title 48 Part 552 → Subpart 552.2 → §552.270-32

e-CFR data is current as of December 5, 2019

Title 48Chapter 5Subchapter HPart 552Subpart 552.2 → §552.270-32


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


552.270-32   Covenant Against Contingent Fees.

As prescribed in 570.703, insert the following clause:

Covenant Against Contingent Fees (JUN 2011)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have 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.

(End of clause)

[76 FR 30847, May 27, 2011]


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