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 (4) A properly executed DD Form 1787 (Employment, Report of DoD
and Defense Related) may be submitted to satisfy the reporting requirement
as to any single person.
(5) The Contractor need not submit duplicate reports to the
Government. Submission of a report meeting the requirements of this
clause, under another, concurrent contract with DoD will satisfy the
reporting requirement of this contract.
(d) Penalties for failure to comply.
(1) Civil fines. A Contractor who knowingly offers or provides
any compensation to a former DoD official in violation of the statute, and
who knew or should have known that the acceptance of such compensation
would be in violation of such statute, shall be subject to a civil fine,
not to exceed $500,000.
(2) Liquidated damages.
(i) For each knowing violation of the statutory prohibition
on providing compensation, the Contractor agrees to pay to the Government
as liquidated damages the greater of either $100,000, or three times the
total amount of compensation paid by the Contractor to the former DoD
official during the period in which such compensation was in violation of
the statutory prohibition.
(ii) Liability for liquidated damages under this clause
survives final payment under this contract and may be recouped against
payments due under other contracts with the Contractor.
(iii) Liquidated damages will be computed based upon the
number of actual violations by the Contractor, and not on the number of
contracts in which this clause appears.
(3) Administrative penalty. If the Contractor knowingly fails to
file a report in accordance with paragraph (c) of this clause, the
Contractor shall be subject to an administrative penalty not to exceed
$10,000. The final determination of the penalty to be charged to the
Contractor shall be made by the Secretary of Defense or designee after the
Contractor is afforded an opportunity for an agency hearing on the record
in accordance with agency hearing procedures. The Secretary's
determination shall form a part of the record and shall be subject to
judicial review under Chapter 7 of Title 5 United States Code.
(e) The rights and remedies under this clause are in addition to, and
do not limit, any rights afforded the Government under this contract or as
otherwise provided by law.
DFAR 252.203-7001, SPECIAL PROHIBITION ON EMPLOYMENT
62.
(APR 1993)
As used in this clause--
(a) Definitions.
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