Common use of Government Programs Clause in Contracts

Government Programs. Each Party represents and warrants that: (a) Neither the United States government, any state or local government, nor any prime contractor, subcontractor or other person has notified the Parties, either orally or in writing, that the Parties have breached or violated any law, certification, representation, clause, provision or requirement pertaining to or involving any government contract or government subcontract that has resulted or may result in the Parties being charged with a criminal offense; (b) No termination for convenience, termination for default, cure notice or show cause notice is currently in effect or threatened against the Parties by the United States government or any state or local government; (c) Neither Party nor any of its directors, officers, employees or Business Associates are or have been under criminal investigation or indictment by any government entity; (d) The Parties have not been debarred or suspended from participation in the award of contracts with any government entity (excluding for this purpose ineligibility to bid on certain contracts due to generally applicable bidding requirements); (e) There exists no fact or circumstance that would warrant the institution of suspension or debarment proceedings or the finding of nonresponsibility or ineligibility on the part of the Parties or any director, officer or employee of the Parties; and (f) No payment has been made by the Parties’ or by any person on behalf of either Party in connection with any government contract or government subcontract in violation of or requiring disclosure pursuant to the Foreign Corrupt Practices Act, as amended (15 U.S.C. §§ 78dd-1, 78dd-2).

Government Programs. Each Party represents and warrants that: (a) Neither the United States government, any state or local government, nor any prime contractor, subcontractor or other person has notified the Parties, either orally or in writing, that the Parties have breached or violated any law, certification, representation, clause, provision or requirement pertaining to or involving any government contract or government subcontract that has resulted or may result in the Parties being charged with a criminal offense; (b) No termination for convenience, termination for default, cure notice or show cause notice is currently in effect or threatened against the Parties by the United States government or any state or local government; (c) Neither Party nor any of its directors, officers, employees or Business Associates are or have been under criminal investigation or indictment by any government entity; (d) The Parties have not been debarred or suspended from participation in the award of contracts with any government entity (excluding for this purpose ineligibility to bid on certain contracts due to generally applicable bidding requirements); (e) There exists no fact or circumstance that would warrant the institution of suspension or debarment proceedings or the finding of nonresponsibility non-responsibility or ineligibility on the part of the Parties or any director, officer or employee of the Parties; and (f) No payment has been made by the Parties’ or by any person on behalf of either Party in connection with any government contract or government subcontract in violation of or requiring disclosure pursuant to the Foreign Corrupt Practices Act, as amended (15 U.S.C. §§ 78dd-178dd – 1, 78dd-278dd – 2).