# 48 CFR § 52.203-5: 52.203-5 Covenant Against Contingent Fees

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-5

## Section

- **Citation:** 48 CFR § 52.203-5
- **Heading:** 52.203-5 Covenant Against Contingent Fees
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 48—Federal Acquisition Regulations System > CHAPTER 1—FEDERAL ACQUISITION REGULATION > SUBCHAPTER H—CLAUSES AND FORMS > PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES > Subpart 52.2—Text of Provisions and Clauses

## Text

As prescribed in 3.404, insert the following clause:
Covenant Against Contingent Fees (MAY 2014)
(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.
(b) Bona fide agency, as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.
Bona fide employee, as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.
Contingent fee, as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.
Improper influence, as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.
(End of clause)
[48 FR 42478, Sept. 19, 1983, as amended at 56 FR 41730, Aug. 22, 1991; 61 FR 39189, July 26, 1996; 79 FR 24214, Apr. 29, 2014]

## Nearby sections

- [48 CFR § 52.100 52.100 Scope of subpart.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.100.md)
- [48 CFR § 52.105 52.105 Procedures for using alternates.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.105.md)
- [48 CFR § 52.107 52.107 Provisions and clauses prescribed in subpart 52.1.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.107.md)
- [48 CFR § 52.200 52.200 Scope of subpart.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.200.md)
- [48 CFR § 52.201-1 52.201-1 Acquisition 360: Voluntary Survey.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.201-1.md)
- [48 CFR § 52.202-1 52.202-1 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.202-1.md)
- [48 CFR § 52.203-2 52.203-2 Certificate of Independent Price Determination.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-2.md)
- [48 CFR § 52.203-5 52.203-5 Covenant Against Contingent Fees.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-5.md)
- [48 CFR § 52.203-6 52.203-6 Restrictions on Subcontractor Sales to the Government.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-6.md)
- [48 CFR § 52.203-7 52.203-7 Anti-Kickback Procedures.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-7.md)
- [48 CFR § 52.203-8 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-8.md)
- [48 CFR § 52.203-10 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-10.md)
- [48 CFR § 52.203-13 52.203-13 Contractor Code of Business Ethics and Conduct.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-13.md)
- [48 CFR § 52.203-16 52.203-16 Preventing Personal Conflicts of Interest.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-16.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-5. Check the current official text before relying on it. Not legal advice.