Common use of Influence Clause in Contracts

Influence. Any effort to influence an employee or agent to breach the Court Ethical Code of Conduct or any unethical conduct may be grounds for Disbarment or Suspension. An attempt to influence includes but is not limited to: A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type of valuable contribution or subsidy. That is offered or given with the intent to influence a decision, obtain a contract, ▇▇▇▇▇▇ favorable treatment, or gain favorable consideration of any kind. If a Person attempts to influence any employee or agent of the Court, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Judicial Branch Procurement Code, any remedy in equity or in the law, or any remedy provided by this Contract. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS: The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section 3.908 of the Federal Acquisition Regulation; Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contractor and copies provided to Court upon request. Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013). UNIFORM ADMINISTRATIVE REQUIREMENTS: By entering into this Contract the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 20 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards contained in Title 2 C.F.R. § 200 et seq. ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: Contractor agrees to retain (physical or digital copies of) all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The Court, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the rights to examine, copy and make use of, any and all said materials. If the Contractor’s books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Court for the services not so adequately supported and documented. AUDIT DISALLOWANCES: If at any time it is determined by the Court that a cost for which payment has been made is a disallowed cost, the Court shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the Court, and may include either an adjustment to future invoices, request for credit, request for a check or a deduction from current invoices submitted by the Contractor equal to the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Court.

Influence. Any effort to influence an employee or agent to breach the Court Ethical Code of Conduct or any unethical conduct may be grounds for Disbarment or Suspension. An attempt to influence includes but is not limited to: A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type of valuable contribution or subsidy. That is offered or given with the intent to influence a decision, obtain a contract, ▇▇▇▇▇▇ favorable treatment, or gain favorable consideration of any kind. If a Person attempts to influence any employee or agent of the Court, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Judicial Branch Procurement Code, any remedy in equity or in the law, or any remedy provided by this Contract. ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND ANY COURT PERSONNEL, OTHER THAN THE COURT PROCUREMENT OFFICE, IS ALLOWE D DURING THE SOLICITATION PROCESS UNLESS THE COMMUNICATION IS IN REGARDS TO PRE-EXISTING BUSINESS WITH THE COURT. ANY COMMUNICATIONS REGARDING THE SOLICITATION, ITS PARTICIPANTS OR ANY DOCUMENTATION PRIOR TO THE CONTRACT AWARD MAY BE GROUNDS FOR DISMISSAL OF THE RESPONDENT FROM THE EVALUATION PROCESS. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS: The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section 3.908 of the Federal Acquisition Regulation; Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contractor and copies provided to Court upon request. Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013). UNIFORM ADMINISTRATIVE REQUIREMENTS: By entering into this Contract the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 20 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards contained in Title 2 C.F.R. § 200 et seq. ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: Contractor agrees to retain (physical or digital copies of) all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The Court, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the rights to examine, copy and make use of, any and all said materials. If the Contractor’s books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Court for the services not so adequately supported and documented. AUDIT DISALLOWANCES: If at any time it is determined by the Court that a cost for which payment has been made is a disallowed cost, the Court shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the Court, and may include either an adjustment to future invoices, request for credit, request for a check or a deduction from current invoices submitted by the Contractor equal to the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Court.