CLAUSE H.19 – SEPARATE ENTITY AND PERFORMANCE GUARANTEE
(a) The work performed under this contract shall be conducted by a separate corporate entity from its parent organization(s). The separate corporate entity must be set up solely to perform work at Fermi National Accelerator Laboratory and shall be totally responsible for all contract activities. The separate corporate entity may be formed by a single company or it may be a business structure formed by two or more companies. This separate corporate entity shall be the Contractor.
(b) The Contractor shall provide a performance guarantee. If the Contractor consists of more than one company, all entities comprising the separate corporate entity shall each provide a performance guarantee for joint and severable liability for the performance of the Contract. Performance guarantee(s) shall be appended to the contract in Section J, Appendix L entitled “Performance Guarantee”.
(c) In the event any of the signatories to the performance guarantee enter into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish written notification of the bankruptcy to the Contracting Officer.