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 (1)
To pursue the same remedies as in a breach of the contract;
and
(2) In addition to any other damages provided by law, to
exemplary damages of not less than 3 nor more than 10 times the cost
incurred by the Contractor in giving-gratuities to the person concerned, as
(This subparagraph (c) (2) is
determined by the agency head or a designee.
applicable only if this contract uses money appropriated to the Department
of Defense.)
(d) The rights and remedies of the Government provided in this clause
shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this contract.
4.
FAR 52.203-5, COVENANT AGAINST CONTINGENT FEES (APR 1984)
(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, maintained by a contractor for the purpose
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.
5.
FAR 52.203-7, ANTI-KICKBACK PROCEDURES (OCT 1988)
(a) Definitions.
"Kickback," as used in this clause, means any money, fee,
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