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 commission, credit, gift, gratuity, thing of value, or compensation of any
kind which is provided, directly or indirectly, to any prime Contractor,
prime Contractor employee, subcontractor, or subcontractor employee for the
purpose of improperly obtaining or rewarding favorable treatment in
connection with a prime contract or in connection with a subcontract
relating to a prime contract.
"Person," as used in this clause, means a corporation,
partnership, business association of any kind, trust, joint-stock company,
or individual.
"Prime contract," as used in this clause, means a contract or
contractual action entered into by the United States for the purpose of
obtaining supplies, materials, equipment, or services of any kind.
"Prime Contractor" as used in this clause, means a person who has
entered into a prime contract with the United States.
"Prime Contractor employee," as used in this clause, means any
officer, partner, employee, or agent of a prime Contractor.
"Subcontract," as used in this clause, means a contract or
contractual action entered into by a prime Contractor or subcontractor for
the purpose of obtaining supplies, materials, equipment, or services of any
kind under a prime contract.
"Subcontractor," as used in this clause, (1) means any person,
other than the prime contractor, who offers to furnish or furnishes any
supplies, materials, equipment, or services of any kind under a prime
contract or a subcontract entered into in connection with such prime
contract, and (2) includes any person who offers to furnish or furnishes.
general supplies to the prime Contractor or a higher tier subcontractor.
"Subcontractor employee," as used in this clause., means any
officer, partner, employee, or agent of a subcontractor.
(b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act),
prohibits any person from--
Providing or attempting to provide or offering to provide any
(1)
kickback;
(2) Soliciting, accepting, or attempting to accept any kickback;
or
(3) Including, directly or indirectly, the amount of any kickback
in the contract price charged by-a prime Contractor to the United States or
in the contract price charged by a subcontractor to a prime Contractor or
higher tier subcontractor.
(1) The Contractor shall have in place and follow reasonable
(c)
procedures designed to prevent and detect possible violations described in
paragraph (b) of this clause in its own operations and direct business
relationships.
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