A list of EITI countries that have disclosed some of their contracts can be found in the NRGI database. (a) The Contractor warrants that no person or agency has been hired or mandated to request or receive this Agreement under any agreement or arrangement in exchange for contingency fees, except an employee or agency in good faith. In the event of a breach or breach of this warranty, the government shall have the right to cancel this Agreement without liability or to deduct it from the price or consideration of the contract, or otherwise claim the full amount of the success fee. (3) Including, directly or indirectly, the amount of any compensation in the contract price charged by a prime contractor in the United States or in the contract price charged by a subcontractor to a prime contractor or higher-level subcontractor. (8) Determine whether the contractual costs are reasonable, transferable and eligible. “Internal Confidentiality Agreement or Statement”, “Subcontractor” and “Processor” as used in this Provision are defined in clause 52.203-19, Prohibition to Request Certain Internal Confidentiality Agreements or Statements. “Contingency fees” used in this clause mean any commission, percentage, brokerage fee or other fee that depends on the success of a person or company in obtaining a government contract. (2) When amending this clause to identify appropriate parties, all disclosures of violations of civil law on false claims or federal criminal law must be addressed to the Office of the Inspector General of the Authority with a copy to the contract agent. (a) If the government receives information that a contractor or person is against 41 U.S. C violated. 2102-2104, Restrictions on the Acquisition and Disclosure of Certain Information, government may – (c) Agent may defer final payment under a contract if the contractor does not meet these requirements. (i) Obtain and maintain from each affected employee, if the employee is initially assigned to the task under the Agreement, a disclosure of the interests that may be affected by the task to which the employee has been assigned, as follows: (xi) 52.219-1, Small Business Program Representations (Basic and Alternate i). This provision applies to solicitations when the contract is performed in the United States or its peripheral territories.
`first subcontract` means a subcontract entered into directly by the contractor for the acquisition of supplies or services (including works) for the performance of a main contract. Not included are the Contractor`s supplier agreements with suppliers, such as.B. long-term agreements for materials or supplies that benefit multiple contracts and/or whose costs are normally offset by a Contractor`s general and administrative or indirect costs. Source: Global Witness, Oakland Institute and International Land Coalition: Dealing with disclosure: Improving transparency in decision-making over large-scale land acquisitions, allocations and investments (b) Prohibition. 31 United States.C 1352 prohibits a beneficiary of a federal treaty, grant, loan, or cooperation agreement from using reasonable means to influence or attempt to influence or influence any person who influences or attempts to influence or attempts to influence or influence an officer or employee of an agency, a member of Congress, an official or an employee of Congress, or an employee of a member of Congress in connection with covered federal measures. Pursuant to 31 U.S.C. 1352, Contractor shall not use reasonable means to authorize any person to influence or attempt to influence any officer or employee of an agency, congressman, officer or employee of Congress, or employee of a member of Congress in connection with the award of the renewal, Continuation, renewal, change of payment. or the modification of this Agreement. (b) If the invitation to this Contract contained clause 52.204-7 with its representative I and the Contractor was unable to register prior to the award, the Contractor shall be registered in SAM within 30 days of the award or three days prior to the submission of the first invoice, whichever comes first. (c) The Contractor shall maintain registration with SAM during the performance of the Contract and through final payment of a Contract, Basic Agreement, Basic Order Contract or Master Purchase Agreement. The Contractor is responsible for the timeliness, accuracy and completeness of the data contained in SAM and for any liability arising from the government`s reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update its information in SAM annually from the date of initial registration or subsequent updates to ensure that it is up-to-date, accurate and complete.
Updating information in SAM does not change the terms of this Agreement and does not replace a properly executed contractual document. Provisions of an agreement that reinforce transparency initiatives include clauses that allow a brand to have certain physical audit capabilities, either itself or through external auditors, and to easily access upstream supplier documentation and manufacturing documentation, for example: (5) In the case of fixed-price contracts, 10% of the original contract price or a profit amount determined by the client from records or documents obtained prior to the date of the contract award. Transparency through disclosure includes the right and ability to access information, as well as the ability to understand and use the information disclosed. To date, contract disclosure requirements are more prevalent in the extractive industries than in other sectors. These requirements generally focus on primary contracts (concession contracts, production sharing contracts, etc.) and exclude related contracts (e.g. B those containing the associated infrastructure agreements) disclosure requirements. (i) Payment of reasonable compensation to an officer or employee of the Contractor if the payment is made for agency and legislative relations activities that are not directly related to this Agreement. For the purposes of this paragraph, the provision of information expressly requested by any agency or congress is permitted at any time. (B) obtaining or granting a competitive advantage in the award of a contract to a federal agency; or tools such as ResourceContracts.org and OpenLandContracts.org strive to transform contractual information into meaningful information that can improve transparency and accountability throughout the life of an investment in natural resources. EITI processes help countries advance contract disclosure in many ways, including sector-specific legislation. “Federal Contract Information” means information that is not intended for publication and that is provided or generated by the Government under a contract to develop or provide a product or service to the Government, excluding information made available to the public by the Government (p.B. on public websites) or simple transaction information, if any, to process payments.
(f) The contractor shall be required to provide information on a first-stage subcontract referred to in point (d) when awarding the subcontract. Continuous reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The contractor is not required to prepare further reports after the expiry of the first-level subcontract. (2) Contractors may rely without liability on the presentation of their subcontractors in the certification and disclosure form. (ii) The head of the contractual activity has determined, on the basis of a preponderance of evidence, that the Contractor or a person acting on behalf of the Contractor has engaged in conduct subject to 41 U.S.C. 2105a). (1) If the Contractor identifies a Covered Item made available to the Government during the performance of the Contract, or if the Contractor is informed of this by a subcontractor of any level or from another source, the Contractor shall notify the Contracting Officer in writing or, in the case of the Ministry of Defence, in writing on the website under dibnet.dod.mil. In the case of supply contracts of indefinite duration, the contractor shall report to the contracting entity for the contract of indefinite duration and to the contracting agent(s) for each order concerned or, in the case of the Ministry of Defence, both to the contract of indefinite duration and to all contracts concerned in the report submitted on dibnet.dod.mil. “personal conflict of interest” means a situation in which a covered employee has a financial interest, personal activity or relationship that could affect the employee`s ability to act impartially and in the best interests of the government in the performance of the contract. .
