Clause H.19 - Separate Entity and Corporate Guarantee (As Amended April 22, 2014)

Last Revised: 0/0/0000  |  Per Mod #000

(a) The work performed under this contract shall be by a separate entity, either an autonomous organization or an identifiable separate operating unit of a parent organization.

(b) If the Contractor forms a new or is an existing separate corporate or legal entity from its parent organization(s) that entity shall be dedicated solely to perform the work under this contract, the new or existing separate corporate or legal entity shall also be totally responsible for all contract activities.

(1) The Contractor shall provide a guarantee of performance from its parent company in the form set forth in Section L, Appendix 3 entitled “Performance Guarantee”. If the Contractor is a joint venture, newly-formed or existing Limited Liability Company (LLC), or other similar entity where more than one company is involved in a business relationship proposed for the purpose of this procurement, the parent companies of all the entities forming the entity shall each provide Guarantees for joint and severable liability for the performance of the Contractor.

(2) In the event any of the signatories to the Guarantee of Performance enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish written notification of the bankruptcy to the Contracting Officer.