[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR3.502-1]

[Page 52-53]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 3_IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST--Table of Contents
 
              Subpart 3.5_Other Improper Business Practices
 
Sec.  3.502-1  Definitions.

    As used in this section--
    Kickback, means any money, fee, 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, means a corporation, partnership, business association of 
any kind, trust, joint-stock company, or individual.
    Prime contract, 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, means a person who has entered into a prime 
contract with the United States.
    Prime Contractor employee, as used in this section, means any 
officer, partner, employee, or agent of a prime contractor.

[[Page 53]]

    Subcontract, means a contract or contractural action entered into by 
a prime contractor or subcontractor for the purpose of obtaining 
supplies, materials, equipment, or service of any kind under a prime 
contract.
    Subcontractor, (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 section, means any officer, 
partner, employee, or agent of a subcontractor.

[52 FR 6121, Feb. 27, 1987, as amended at 53 FR 34226, Sept. 2, 1988; 66 
FR 2127, Jan. 10, 2001]

    Editorial Note: At 66 FR 2127, Jan. 10, 2001, as amended at 66 FR 
14260, Mar. 9, 2001, Sec.  3.502-1 was amended by redesignating 
paragraphs (a) and (b) as (1) and (2). There are no designated 
paragraphs (a) and (b) in Sec.  3.502-1.