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C> 11. ANTI-KICKBACK PROCEDURES 12. APPLICABLE CODES AND ORDINANCES (a) Definitions. The Lessor, as part of the rental consideration, agrees to comply witl "Kickback," as used in this clause, means any money, fee, all codes and ordinances applicable to the ownership and operation of th( emission, credit, gift, gratuity, thing of value, or compensation of any building in which the leased space is situated and,at his own expense,G d which is provided directly or indirectly, to any prime Contractor, obtain all necessary permits and related items. prime Contractor employee,subcontractor,or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in 13. Dlsm'rEs connection with a prime contract or in connection with a subcontract (a) This contract is subject to the Contract Disputes Act of 1978 (41 relating to a prime contract. "Person,"as used in this clause,means a corporation,partnership, USC 6 Except (the Act). E business association of any kind,trust,joint-stock company,or individual. (b) Except as provided in the Act, all disputes arising under of "Prime contract," as used in this clause, means a contract or relating to this contract shall be resolved under this clause. contractual action entered into by the United States for the purpose of (c) "Claim,"as used in this clause,means a written demand or writter obtaining supplies,materials,equipment,or services of any kind. assertion by one of the contracting parties seeking, as a matter of right "Prime Contractor," as used in this clause, means a person who the payment of money in a sum certain,the adjustment or interpretatior has entered into a prime contract with the United States. of contract terms,or other relief arising under or relating to this contract "Prime Contractor employee," as used in this clause, means any A claim arising under a contract,unlike a claim relating to that contract officer, partner,employee,or agent of prime contractor. is a claim that can be resolved under a contract clause that provides fol the relief sought by the claimant. However,a written demand or writter "Subcontract," as used in this clause, means a contract or assertion by the Contractor seeking the payment of money exceeding contractual action entered into by a prime Contractor or subcontractor for $50,000 is not a claim under the Act until certified as required b3 the purpose of obtaining supplies,materials,equipment,or services of any subparagraph(d)(2)below.A voucher,invoice,or other routine request fol kind under a prime contract. payment that is not in dispute when submitted is not a claim under th( "Subcontractor,"as used in this clause, Act. The submission may be converted to a claim under the Act, bN (1) means any person other than the prime Contractor, who offers complying with the submission and certification requirements of thi. to furnish or furnishes any supplies, materials,equipment, or services of clause,if it is disputed either as to liability or amount or is not acted upor any kind under a prime contract or a subcontract entered into in in a reasonable time. connection with such prime contract, and (01) A claim by the Contractor shall be made in writing anc (2) includes any person who offers to furnish or furnishes general submitted to the Contracting Officer for a written decision.A claim by tht supplies to the prime Contractor or a higher tier subcontractor. Government against the Contractor shall be subject to a written decisior "Subcontractor employee," as used in this clause, means any by the Contracting Officer. officer, partner,employee,or agent of a subcontractor. (2) For Contractor claims exceeding $50,000, the Contractor shal' Clb) The Anti-Kickback Act of 1986(41 U.S.C.51-58)(the Act),prohibits submit with the claim a certification that— person from— (i) The claim is made in good faith; (1) Providing or attempting to provide or offering to provide any (ii) Supporting data are accurate and complete to the best of th( kickback; Contractor's knowledge and belief;and (2) Soliciting,accepting,or attempting to accept any kickback; or (iii) The amount requested accurately reflects the contract (3) Including,directly or indirectly,the amount of any kickback in adjustment for which the Contractor believes the Government is liable. the contract price charged by a prime Contractor to the United States or (3U) If the Contractor is an individual, the certification shall b( in the contract price charged by a subcontractor to a prime Contractor or executed by that individual. higher tier subcontractor. 60 If the Contractor is not an individual,the certification shall b( (c)(1) The Contractor shall have in place and follow reasonable executed by— procedures designed to prevent and detect possible violations described in 1 A senior company official in charge at the Contractor': paragraph (b) of this clause in its own operations and direct business plant or location involved;or relationships. 2 An officer or general partner of the Contractor having. (2) When the Contractor has reasonable grounds to believe that a overall responsibility for the conduct of the Contractor's affairs. violation described in paragraph(b)of this clause may have occurred,the (e) For Contractor claims of$50,000 or less, the Contracting Officel Contractor shall promptly report in writing the possible violation. Such must, if requested in writing by the Contractor, render a decision withir reports shall be made to the inspector general of the contracting agency, 60 days of the request. For Contractor-certified claims over $50,000, the the head of the contracting agency if the agency does not have an Contracting Officer must, within 60 days, decide the claim or notify the inspector general,or the Department of Justice. Contractor of the date by which the decision will be made. (3) The Contractor shall cooperate fully with any Federal agency (fl The Contracting Officer's decision shall be final unless th( investigating a possible violation described in paragraph(b)of this clause. Contractor appeals or files a suit as provided in the Act. (4) The Contracting Officer may— (g) The Government shall pay interest on the amount found due and (i) Offset the amount of the kickback against any monies owed unpaid from (1) the date the Contracting Officer received the claim by the United States under the prime contract and/or (properly certified if required),or(2)the date payment otherwise would bt (ii) Direct that the Prime Contractor withhold from sums owed a due, if that date is later, until the date of payment. Simple interest or subcontractor under the prime contract,the amount of the kickback.The claims shall be paid at the rate fixed by the Secretary of the Treasury of Contracting Officer may order that monies withheld under subdivision provided in the Act, which is applicable to the period during which the (04Xii) of this clause be paid over to the Government unless the Contracting Officer receives the claim and then at the rate applicable fol Government has already offset those monies under subdivision (cH4Xi)of each 6-month period as fixed by the Treasury Secretary during th( � clause. In either case, the Prime Contractor shall notify the pendency of the claim. cracting Officer when the monies are withheld. (h) The Contractor shall proceed diligently with performance of thi. (5) The Contractor agrees to incorporate the substance of this contract, pending final resolution of any request for relief,claim,appeal clause,including subparagraph(c)(5),but excepting subparagraph(c)(1),in or action arising under the contract,and comply with any decision of th( all subcontracts under this contract. (FAR 52.203-7)(OCT 1988) Contracting Officer. (FAR 52.233-1)(APR 1984) 2