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41 U.S.C. § 8701

Title 41 Chapter 87 Current through PL 118-3 Last updated: March 29, 2026 View on OLRC →
Sections in this chapter

§ 8701. Definitions

In this chapter:

  • (1) 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) 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) The term “person” means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.
  • (4) 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) The term “prime contractor” means a person that has entered into a prime contract with the Federal Government.
  • (6) The term “prime contractor employee” means an officer, partner, employee, or agent of a prime contractor.
  • (7) 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) 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) The term “subcontractor employee” means an officer, partner, employee, or agent of a subcontractor.

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