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41 U.S.C. § 8703Contractor responsibilities

submitted 15 years ago by Pub. L. 111-350 to r/title-41-PUBLIC-CONTRACTS · 273 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal contracting agencies must require prime contractors to prevent, detect, and report kickbacks, and to fully cooperate with investigations. Anyone who reports a possible kickback in good faith gets credit as favorable evidence of responsibility. These rules don't apply to small contracts or to buying ordinary commercial products or services.

(a) Requirements included in contracts: Every contracting agency must put a requirement into each prime contract it awards, saying the prime contractor must: (1) have reasonable procedures in place, and follow them, to prevent and catch violations of section 8702 in its own operations and direct business relationships; and (2) fully cooperate with any federal agency investigating a violation of section 8702. (b) Full cooperation required: Even where subsection (d) applies, a prime contractor must still fully cooperate with a federal agency investigating a section 8702 violation. (c) Reporting requirement: (1) In general: A prime contractor or subcontractor with reasonable grounds to believe a section 8702 violation may have happened must promptly report it in writing to the contracting agency's inspector general, or to the agency head if there's no inspector general, or to the Attorney General. (2) Supplying information as favorable evidence: If the government later tries to suspend or debar that person from federal contracts, giving this information counts as favorable evidence about their responsibility, under federal procurement law. (d) Inapplicability to certain prime contracts: Subsection (a) doesn't apply to a prime contract that's (1) not greater than $100,000, or (2) for buying commercial products or commercial services, as those terms are defined in sections 103 and 103a of this title.
the actual law source: uscode.house.gov ↗public domain
(a)Requirements Included in Contracts.—

Each contracting agency shall include in each prime contract awarded by the agency a requirement that the prime contractor shall—

(1)

have in place and follow reasonable procedures designed to prevent and detect violations of section 8702 of this title in its own operations and direct business relationships; and

(2)

cooperate fully with a Federal Government agency investigating a violation of section 8702 of this title.

(b)Full Cooperation Required.—

Notwithstanding subsection (d), a prime contractor shall cooperate fully with a Federal Government agency investigating a violation of section 8702 of this title.

(c)Reporting Requirement.—
(1)In general.—

A prime contractor or subcontractor that has reasonable grounds to believe that a violation of section 8702 of this title may have occurred shall promptly report the possible violation in writing to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General.

(2)Supplying information as favorable evidence.—

In an administrative or contractual action to suspend or debar a person who is eligible to enter into contracts with the Federal Government, evidence that the person has supplied information to the Federal Government pursuant to paragraph (1) is favorable evidence of the person’s responsibility for the purposes of Federal procurement laws and regulations.

(d)Inapplicability to Certain Prime Contracts.—

Subsection (a) does not apply to a prime contract—

(1)

that is not greater than $100,000; or

(2)

for the acquisition of commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title).

Source credit: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3839; Pub. L. 115–232, div. A, title VIII, § 836(b)(20), Aug. 13, 2018, 132 Stat. 1864.)

history & why it existsrecord from the source credit
  • 2011Enacted · Pub. L. 111-350 · 124 Stat. 3839
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1864

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-350 on 2011-01-04.

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