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2026-07-06 10:51:44 -04:00

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LegalText 41 U.S.C. § 8701 Definitions us united_states_code code_section 41 PUBLIC CONTRACTS 87 KICKBACKS 8701 41 U.S.C. § 8701 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc41@119-100.zip /us/usc/t41/s8701 data/legal/raw/us/code/title-41/usc41.xml 81b5710f030fd83af71c1b686e2153e3bc8bbb84625b07bc2a623ff56e3c25ba 0977ff7e7fefd99bbd25a86e009a9e4c2707301ec8c49233d17b6604e38702e3 9368a6e0ceaad82da0174eb755a6dba97a87be12670b655a34efa3aa0a11ac85 2026-07-04 official
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41 U.S.C. § 8701 - Definitions

Text

In this chapter:

(1) Contracting agency.— 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.

(2) Kickback.— 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.

(3) Person.— The term “person” means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

(4) Prime contract.— 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.

(5) Prime contractor.— The term “prime contractor” means a person that has entered into a prime contract with the Federal Government.

(6) Prime contractor employee.— The term “prime contractor employee” means an officer, partner, employee, or agent of a prime contractor.

(7) Subcontract.— 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.

(8) Subcontractor.— The term “subcontractor”—

(A) 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

(B) includes a person that offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor.

(9) Subcontractor employee.— The term “subcontractor employee” means an officer, partner, employee, or agent of a subcontractor.

(Pub. L. 111350, § 3, Jan. 4, 2011, 124 Stat. 3838.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 870141:52.Mar. 8, 1946, ch. 80, § 2, 60 Stat. 37; Pub. L. 86695, Sept. 2, 1960, 74 Stat. 740; Pub. L. 99634, § 2(a), Nov. 7, 1986, 100 Stat. 3523. In this section, the text of 41:52(3) is omitted because of the definition of “person” in 1:1. In paragraph (2), the words “directly or indirectly” are omitted as unnecessary.

Senate Revision AmendmentSenate amendment 4726 (111th Cong.) added par. (3) and redesignated former pars. (3) to (8) as (4) to (9), respectively. See 156 Cong. Rec. 18683 (2010).