Difference between revisions of "FAR 52.203-5 - Covenant Against Contingent Fees"

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|EffectiveDate=1984/01/04
 
|EffectiveDate=1984/01/04
 
|ClauseorProvision=Clause
 
|ClauseorProvision=Clause
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|ProvisionClauseNumberAlternate=52.203-5
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|PurposeofContractCTI=Construction, Service, Research & Development, Supply
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|TypeofContract=Cost - Reimbursement, Fixed Price
 
|Prescribedin=3.404
 
|Prescribedin=3.404
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|TypePurposeContract=Fixed Price Service -R; Cost Reimbursement Research and Development -R; Fixed Price Research and Development -R; Cost Reimbursement Supply -R; Fixed Price Supply -R; Cost Reimbursement Service -R; Fixed Price Construction -R; Cost Reimbursement Construction -R; Time and Materials/Labor Hour -R; Leasing of Motor Vehicles -R; Communication Services -R; Dismantling, Demolition, or Removal of Improvements -R; Architect-Engineering -R; Facilities -R; Indefinite Delivery -R; Transportation -R; Simplified Acquisition Procedures -O; Utility Services -R; Commercial Items -R
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|TypePurposeContract=Time and Materials/Labor Hour -R; Leasing of Motor Vehicles -R; Communication Services -R; Dismantling, Demolition, or Removal of Improvements -R; Architect-Engineering -R; Facilities -R; Indefinite Delivery -R; Transportation -R; Utility Services -R
 
|CCSubject=Contingent Fees
 
|CCSubject=Contingent Fees
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|ProvisionClauseDescription=-
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|ContractThreshold=>150,000
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|PrescriptionOverview=The contracting officer shall insert the clause at 52.203-5, Covenant Against Contingent Fees, in all solicitations and contracts exceeding the simplified acquisition threshold, other than those for commercial items (see Parts 2 and 12).
 
|FARClauseOverview=== 52.203-5 Covenant Against Contingent Fees <ref>As prescribed in 3.404</ref>==
 
|FARClauseOverview=== 52.203-5 Covenant Against Contingent Fees <ref>As prescribed in 3.404</ref>==
  
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==References==
 
==References==
 
<References/>
 
<References/>
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|ImportantNotesRequirements=Required for all contracts except commercial contracts and simplified acquisition procedures contracts.
  
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|ImportantNotesRequirements=[[Category:FAR 52 - Solicitation Provisions and Contract Clauses]]
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[[Category:FAR 52 - Solicitation Provisions and Contract Clauses]]
 
[[Category:FAR 3 - Improper Business Practices and Personal Conflicts of Interest]]
 
[[Category:FAR 3 - Improper Business Practices and Personal Conflicts of Interest]]
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|SubcontractThreshold=>150,000
 
|IncorporatedbyReference=Yes
 
|IncorporatedbyReference=Yes
 
|UniformContractFormat=I
 
|UniformContractFormat=I
 
|Editor=Marshall
 
|Editor=Marshall
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|ProvisionClauseNumberAlternate=52.203-5
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|ProvisionClauseDescription=-
 
|Checked=no
 
|Checked=no
 
|HasTermDate=2014/03/23
 
|HasTermDate=2014/03/23

Revision as of 05:57, 5 July 2014

***

Contents

Prescribed in 3.404

Effective Date:4 January 1984
Clause or Provision:Clause
Provision or Clause Number: 52.203-5 - Covenant Against Contingent Fees
Principle Type And/Or Purpose of Contract:
Required:Time and Materials/Labor Hour; Leasing of Motor Vehicles; Communication Services; Dismantling, Demolition, or Removal of Improvements; Architect-Engineering; Facilities; Indefinite Delivery; Transportation; Utility Services; 
Applicable:
Optional:
Subject:Contingent Fees
ProcurementType:
Contract Threshold:>150,000
Prescription Overview:

The contracting officer shall insert the clause at 52.203-5, Covenant Against Contingent Fees, in all solicitations and contracts exceeding the simplified acquisition threshold, other than those for commercial items (see Parts 2 and 12).

Clause Overview:

52.203-5 Covenant Against Contingent Fees [1]

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.

Definitions

(b) “Bona fide agency,” as used in this clause, means an established commercial or selling agency, 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.

Related Topics

Selling Costs

References

  1. ↑ As prescribed in 3.404
Important Notes/Requirements:

Required for all contracts except commercial contracts and simplified acquisition procedures contracts.

Subcontract Threshold:>150,000
Incorporated by Reference:Yes
Uniform Contract Format:I
Editor:Marshall

Personal notes.

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