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 (2) When the Contractor has reasonable grounds to believe that
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 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.
6.
FAR 52.203-9, REQUIREMENT FOR CERTIFICATE OF PROCUREMENT
INTEGRITY-MODIFICATION (NOV 1990)
(a) Definitions. The definitions set forth in FAR 3.104-4 are hereby
incorporated in this clause.
(b) The Contractor agrees that it will execute the certification set
forth in paragraph (c) of this clause when requested by the Contracting
Officer in connection with the execution of any modification of this
contract.
(c) Certification. As required in paragraph (b) of this clause, the
officer of employee responsible for the modification proposal shall execute
the following certification:
CERTIFICATE OF PROCUREMENT INTEGRITY-MODIFICATION (NOV 1990)
(1) I, [Name of certifier] am the officer or employee responsible
for the preparation of this modification proposal and hereby certify that,
to the best of my knowledge and belief, with the exception of any
information described in this certification, I have no information
concerning a violation or possible violation of subsection 27(a), (b), (d),
or (f) of the Officer of Federal Procurement Policy Act, as amended* (41
U.S.C. 423), (hereinafter referred to as "the Act"), as implemented in the
FAR, occurring during the conduct of this procurement (contract and
modification number).
(2) As required by subsection 27(e) (1) (B) of the Act, I further
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