41 U.S.C. § 8705 — Administrative offsets
submitted 15 years ago by Pub. L. 111-350 to r/title-41-PUBLIC-CONTRACTS · 238 words · no verdicts yet
This section permits a contracting officer to offset kickback amounts and directs prime contractors to withhold related amounts from subcontractors.
(a) “Contracting officer” has the meaning in chapter 71. (b) A contracting officer may offset a kickback* given, accepted, or charged in violation of section 8702 against money the Government owes the related prime contractor*. (c)(1) On the officer’s direction, the prime contractor must withhold from money owed to a subcontractor* the kickback amount that was or may be offset. The officer may order the withheld money paid to the agency or retained by the prime contractor if the Government already offset it. (2) The prime contractor must notify the officer when it withholds and retains money. (d) An offset, direction, or order under this section is a Government claim for chapter 71 purposes.
In this section, the term “contracting officer” has the meaning given that term in chapter 71 of this title.
A contracting officer of a contracting agency may offset the amount of a kickback* provided, accepted, or charged in violation of section 8702 of this title against amounts the Federal Government owes the prime contractor* under the prime contract* to which the kickback relates.
On direction of a contracting officer of a contracting agency with respect to a prime contract, the prime contractor shall withhold from amounts owed to a subcontractor* under a subcontract* of the prime contract the amount of a kickback which was or may be offset against the prime contractor under subsection (b). The contracting officer may order that amounts withheld—
be paid over to the contracting agency; or
be retained by the prime contractor if the Federal Government has already offset the amount against the prime contractor.
The prime contractor shall notify the contracting officer when an amount is withheld and retained under paragraph (1)(B).
An offset under subsection (b) or a direction or order of a contracting officer under subsection (c) is a claim by the Federal Government for the purposes of chapter 71 of this title.
Source credit: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3840.)
- 2011Enacted · Pub. L. 111-350 · 124 Stat. 3840
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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