FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. Basic (Jan 2017) (Current)

As prescribed in 3.909-3(a), when using funding subject to the prohibitions in 3.909-1(a), the contracting officer shall– (a)(1) Include the provision at 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation, in all solicitations, except as provided in paragraph (a)(2) of this section; and (2) Do not insert the provision in solicitations for a personal services contract with an individual if the services are to be performed entirely by the individual, rather than by an employee of the contractor or a subcontractor.

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)

(a) Definition.

“Internal confidentiality agreement or statement,” “subcontract”, and “subcontractor”, as used in this provision, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)
 

NONE

Subcontractor ✖ Contracts ✖ (SAM.gov clause) ✔ 

52.204-9 Personal Identity Verification of Contractor Personnel.

52.207-3 Right of First Refusal of Employment.

52.222-46 Evaluation of Compensation for Professional Employees.

52.224-1 Privacy Act Notification.

52.224-2 Privacy Act.

52.232-23 Assignment of Claims.

52.232-24 Prohibition of Assignment of Claims.

52.232-39 Unenforceability of Unauthorized Obligations.

52.233-1 Disputes.

52.233-2 Service of Protest.

52.233-4 Applicable Law for Breach of Contract Claim.

52.242-13 Bankruptcy.

52.242-5 Payments to Small Business Subcontractors.

52.243-4 Changes.

52.248-1 Value Engineering.

52.248-3 Value Engineering—Construction.

52.224-3 Privacy Training.

52.216-32 Task-Order and Delivery-Order Ombudsman.

252.226-7002 Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

252.235-7004 Protection of Human Subjects.

1852.231-70 Precontract Costs.

5252.215-9505 EXCLUSIVE TEAMING ARRANGEMENTS WHICH INHIBIT COMPETITION (NAVAIR)

5252.233-9500 PROTEST/APPEAL FILED WITH THE NAVAL AIR SYSTEMS COMMAND (NAVAIR)

3052.205-70 Advertisements, Publicizing Awards, and Releases.

3052.235-70 Dissemination of information - educational institutions.

5152.233-4703 AMC-LEVEL PROTEST PROGRAM

5152.233-5900 AGENCY PROTEST PROGRAM

552.215-73 Notice.

552.232-78 Commercial Supplier Agreements –Unenforceable Clauses.

552.241-70 Availability of Funds for the Next Fiscal Year or Quarter.

552.241-71 Disputes (Utility Contracts).

652.206-70 Advocate for Competition/Ombudsman.

652.243-70 Notices.

752.222-70 USAID disability policy.

752.231-71 Salary supplements for HG employees.

752.236-70 Standards for accessibility for the disabled in USAID construction contracts.

952.203-70 Whistleblower protection for contractor employees.

952.233-4 Notice of protest file availability.

952.233-5 Agency protest review.

970.5209-1 Requirement for guarantee of performance.

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