Tab 11- Appendix E - Mandatory Clause

United States Department of the Air Force

Air Force Civil Engineer Center
Installations Directorate

(AFCEC/CI)

Strategic Real Estate Opportunities
Davis-Monthan AFB, AZ
Request for Lease Proposals (RFLP)
Appendix E
Mandatory Clauses

RFLP No. AFCEC-26-R-0003

Request for Lease Proposals No. AFCEC-26-R-0003
Davis-Monthan AFB, AZ
Appendix E

APPENDIX E

MANDATORY CLAUSES REQUIRED BY FEDERAL LAW

The clauses in this Appendix will be incorporated into and included in the lease as noted below but the failure to expressly incorporate or include in these clauses into the lease shall not be deemed to relieve the Lessee from compliance with these clauses. *******************************************************************

THE FOLLOWING CLAUSES APPLY TO ALL LEASES:

ANTI-KICKBACK PROCEDURES

Lessee shall have in place and follow reasonable procedures designed to prevent and detect, in its own business operations, any of the following activities in connection with this Lease or any agreement relating to this Lease: (i) persons providing or attempting to provide or offering to provide any kickback; or (ii) persons soliciting, accepting, or attempting to accept any kickback. Lessee further warrants that, when it has reasonable grounds to believe that any of the activities described in this Section may have occurred, it shall promptly report in writing such activities to the Government and either the Air Force Inspector General’s office or the Department of Justice. Lessee shall cooperate fully with any federal agency investigating such activities. (End of clause)

GRATUITIES

The Government may, by a Default Termination Notice, terminate this Lease if it is found, after notice and hearing by the Secretary of the Air Force, or his/her duly authorized representative, that gratuities in the form of entertainment, gifts, or otherwise, were offered or given by the Lessee, or any agent or representative of the Lessee, to any officer or employee of the Government with a view toward procuring an agreement or procuring favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such agreement; provided that the existence of the facts upon which the Secretary of the Air Force or his/her duly authorized representative makes such finding shall be an issue and may be reviewed in any competent court. In the event this Lease is so terminated, the Government shall be entitled to pursue the same remedies against Lessee as it could pursue in the event of an Event of Default,