41 U.S.C. § 8701 — Definitions
submitted 15 years ago by Pub. L. 111-350 to r/title-41-PUBLIC-CONTRACTS · 307 words · no verdicts yet
This section defines nine terms used in the anti-kickback chapter of federal procurement law. A 'kickback' is anything of value given to improperly win favorable treatment on a government prime contract or subcontract. Other terms define who counts as a contracting agency, prime contractor, subcontractor, and their employees.
In this chapter: (1) "Contracting agency" means a federal department, agency, or establishment that enters into a prime contract with a prime contractor. (2) "Kickback" means any money, fee, commission, credit, gift, gratuity, item of value, or other compensation given to a prime contractor, its employee, a subcontractor, or its employee to improperly get or reward favorable treatment on a prime contract or related subcontract. (3) "Person" means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual. (4) "Prime contract" means a contract or contractual action the federal government enters into to get supplies, materials, equipment, or services. (5) "Prime contractor" means a person who has a prime contract with the federal government. (6) "Prime contractor employee" means an officer, partner, employee, or agent of a prime contractor. (7) "Subcontract" means a contract or contractual action a prime contractor or subcontractor enters into to get supplies, materials, equipment, or services under a prime contract. (8) "Subcontractor" (A) means a person, other than the prime contractor, who offers or provides supplies, materials, equipment, or services under a prime contract or related subcontract; and (B) includes anyone who offers or provides general supplies to the prime contractor or a higher-tier subcontractor. (9) "Subcontractor employee" means an officer, partner, employee, or agent of a subcontractor.
In this chapter:
The term “contracting agency”, when used with respect to a prime contractor, means a department, agency, or establishment of the Federal Government that enters into a prime contract with a prime contractor.
The term “kickback” means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind that is provided to a prime contractor, prime contractor employee, subcontractor, or subcontractor employee to improperly obtain or reward favorable treatment in connection with a prime contract or a subcontract relating to a prime contract.
The term “person” means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.
The term “prime contract” means a contract or contractual action entered into by the Federal Government to obtain supplies, materials, equipment, or services of any kind.
The term “prime contractor” means a person that has entered into a prime contract with the Federal Government.
The term “prime contractor employee” means an officer, partner, employee, or agent of a prime contractor.
The term “subcontract” means a contract or contractual action entered into by a prime contractor or subcontractor to obtain supplies, materials, equipment, or services of any kind under a prime contract.
The term “subcontractor”—
means a person, other than the prime contractor, that offers to furnish or furnishes supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with the prime contract; and
includes a person that offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor.
The term “subcontractor employee” means an officer, partner, employee, or agent of a subcontractor.
Source credit: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3838.)
- 2011Enacted · Pub. L. 111-350 · 124 Stat. 3838
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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