Request for Proposals Section I - NAF Standard Clauses Incorporated By Reference Full Text

NONAPPROPRIATED FUND STANDARD CLAUSES INCORPORATED BY REFERENCE

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NFC-203-7001 - PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE –

CONTRACT FELONIES (JAN 2023)

(a) Definitions. As used in this clause(1) “Arising out of a contract with the DoD” means any act in connection with(i) Attempting to obtain; (ii) Obtaining; or
(iii) Performing a contract or first-tier subcontract of any agency, department, or component of the Department of Defense (DoD).
(2) “Conviction of fraud or any other felony” means any conviction for fraud or a felony in violation of state or Federal criminal statutes, whether entered on a verdict or plea, including a plea of nolo contendere, for which sentence has been imposed.
(3) “Date of conviction” means the date judgment was entered against the individual. (b) Any individual who is convicted after September 29, 1988, of fraud or any other felony arising out of a contract with the DoD is prohibited from serving(1) In a management or supervisory capacity on this contract; (2) On the board of directors of the Contractor;
(3) As a consultant, agent, or representative for the Contractor; or (4) In any other capacity with the authority to influence, advise, or control the decisions of the Contractor with regard to this contract.
(c) Unless waived, the prohibition in paragraph (b) of this clause applies for not less than 5 years from the date of conviction.
(d) 10 U.S.C. 2408 provides that the Contractor shall be subject to a criminal penalty of not more than $500,000 if convicted of knowingly(1) Employing a person under a prohibition specified in paragraph (b) of this clause; or (2) Allowing such a person to serve on the board of directors of the contractor or first-tier subcontractor.

30 May 2025

(e) In addition to the criminal penalties contained in 10 U.S.C. 4656, the NAFI may consider other available remedies, such as(1) Suspension or debarment;
(2) Cancellation of the contract at no cost to the NAFI; or (3) Termination of the contract for default.
(f) The Contractor may submit written requests for waiver of the prohibition in paragraph (b) of this clause to the Contracting Officer. Requests shall clearly identify(1) The person involved; (2) The nature of the conviction and resultant sentence or punishment imposed; (3) The reasons for the requested waiver; and
(4) An explanation of why a waiver is in the interest of national security. (g) Subcontracts. The Contractor agrees to include the substance of this clause, appropriately modified to