41 U.S.C. § 8701 - U.S. Code - Unannotated Title 41. Public Contracts § 8701. Definitions




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.





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