FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. Basic (May 2014)

As prescribed in 3.104-9(a), in solicitations and contracts for other than commercial items that exceed the simplified acquisition threshold, insert the clause at 52.203-8, Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014)

(a) If the Government receives information that a contractor or a person has violated 41 U.S.C. 2102-2104, Restrictions on Obtaining and Disclosing Certain Information, the Government may—

    (1) Cancel the solicitation, if the contract has not yet been awarded or issued; or

    (2) Rescind the contract with respect to which—

        (i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct violates 41 U.S.C. 2102 for the purpose of either—

           (A) Exchanging the information covered by such subsections for anything of value; or

           (B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or

        (ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct punishable under 41 U.S.C. 2105(a).

 (b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

 (c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

(End of clause)
 

NONE

Prime’s Interest;
Commercial items ✖ 

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

52.209-7 Information Regarding Responsibility Matters.

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data—Modifications—Sealed Bidding.

52.214-4 False Statements in Bids.

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data.

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications.

52.222-15 Certification of Eligibility.

52.222-19 Child Labor—Cooperation with Authorities and Remedies.

52.222-41 Service Contract Labor Standards.

52.242-3 Penalties for Unallowable Costs.

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense Contract-Related Felonies.

252.215-7002 Cost Estimating System Requirements.

252.216-7004 Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel.

1852.247-71 Protection of the Florida Manatee.

3052.209-74 Limitations on Contractors Acting as Lead System Integrators

3052.209-75 Prohibited Financial Interests for Lead System Integrators

5352.242-9001 Common Access Cards (CAC) for Contractor Personnel

552.211-73 Marking.

552.215-72 Price Adjustment—Failure to Provide Accurate Information.

552.223-71 Nonconforming Hazardous Materials.

552.238-73 Cancellation.

552.238-74 Industrial Funding Fee and Sales Reporting.

552.246-77 Additional Contract Warranty Provisions for Supplies of a Noncomplex Nature.

652.236-72 Statement of Qualifications for the Omnibus Diplomatic Security and Antiterrorism Act .

652.237-73 Statement of Qualifications for Preference as a U.S. Person.

952.204-76 Conditional payment of fee or profit—safeguarding restricted data and other classified information.

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