The Clean Water Act a. No federal agency may enter into any contract with any person who has been convicted of any offense under Section 309(c) of this Act for the procurement of goods, materials, and services if such contract is to be performed at any facility at which the violation which gave rise to such conviction occurred, and if such facility is owned, leased, or supervised by such person. The prohibition in preceding sentence shall continue until the Administrator certifies that the condition giving rise to such conviction has been corrected.
b. The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a) of this section.
c. In order to implement the purposes and policy of this Act to protect and enhance the quality of the Nation’s water, the President shall, not more than 180 days after the enactment of this Act, cause to be issued an order:
1. requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this Act in such contracting or assistance activities, and
2. setting forth procedures, sanctions, penalties, and such other provisions, as the President determines necessary to carry out such requirement.
d. The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption.
e. The President shall annually report to the Congress on measures taken in compliance with the purpose and intent of this section, including, but not limited to, the progress and problems associated with such compliance.
(1) No certification by a contractor, and no contract clause, may be required in the case of a contract for the acquisition of commercial items in order to implement a prohibition or requirement of this section or a prohibition or requirement issued in the implementation of this section.
(2) In paragraph (1), the term “commercial item” has the meaning given such term in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).
The Clean Water Act. During the performance of this Contract, if applicable, Contractor shall comply with the federal Clean Water Act. In the event of Contractor’s conviction of any offense under section 309(c), this Contract may be rescinded, canceled, or terminated in whole or in part by DSHS under Termination for Default, and Contractor may be declared ineligible for further contracts with DSHS.
The Clean Water Act. Contractor represents and warrants that it shall not perform its obligations under this Agreement at any facility at which a violation, which could give rise to a conviction of any offense under section 309(c) of the Clean Water Act for the procurement of goods, materials, and services, occurred, if such facility is owned, leased, or supervised by such Contractor. Contractor warrants that the prohibition in the preceding sentence shall continue until Contractor certifies that the condition giving rise to such a conviction has been corrected.
