[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR105-70.002]

[Page 505-506]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
              CHAPTER 105--GENERAL SERVICES ADMINISTRATION
 
PART 105-70_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 
1986--Table of Contents
 
Sec. 105-70.002  Definitions.

    The following shall have the meanings ascribed to them below unless 
the context clearly indicates otherwise:
    (a) ALJ means an Administrative Law Judge in the Authority appointed 
pursuant to 5 U.S.C. 3105 or detailed to the Authority pursuant to 5 
U.S.C. 3344.
    (b) Authority means the General Services Administration.
    (c) Authority Head means the Administrator or Deputy Administrator 
of General Services.
    (d) Benefit means, in the context of statements, anything of value, 
including but not limited to any advantage, preference, privilege, 
license, permit, favorable decision, ruling, status, or loan guarantee.
    (e) Claim means any request, demand or submission--
    (1) Made to the Authority for property, services, or money 
(including money representing grants, loans, insurance, or benefits);
    (2) Made to a recipient of property, services, or money from the 
Authority or to a party to a contract with the Authority--
    (i) For property or services if the United States--

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    (A) Provided such property or services;
    (B) Provided any portion of the funds for the purchase of such 
property or services; or
    (C) Will reimburse such recipient or party for the purchase of such 
property or services; or
    (ii) For the payment of money (including money representing grants, 
loans, insurance, or benefits) if the United States--
    (A) Provided any portion of the money requested or demanded, or
    (B) Will reimburse such recipient or party for any portion of the 
money paid on such request of demand; or
    (3) Made to the Authority which has the effect of decreasing an 
obligation to pay or account for property, services, or money.
    (f) Complaint means the administrative complaint served by the 
reviewing official on the defendant under Sec. 105-70.007.
    (g) Defendant means any person alleged in a complaint under Sec. 
105-70.007 to be liable for a civil penalty or assessment under Sec. 
105-70.003.
    (h) Individual means a natural person.
    (i) Initial Decision means the written decision of the ALJ required 
by Sec. 105-70.010 or Sec. 105-70.037, and includes a revised initial 
decision issued following a remand or a motion for reconsideration.
    (j) Investigating Official means the Inspector General of the 
General Services Administration or an officer or employee of the Office 
of the Inspector General designated by the Inspector General and serving 
in a position for which the rate of basic pay is not less than the 
minimum rate of basic pay for grade GS-16 under the General Schedule.
    (k) Knows or has reason to know means that a person, with respect to 
a claim or statement--
    (1) Has actual knowledge that the claim or statement is false, 
fictitious, or fraudulent;
    (2) Acts in deliberate ignorance of the truth or falsity of the 
claim or statement; or
    (3) Acts in reckless disregard of the truth or falsity of the claim 
or statement.
    (l) Makes, wherever it appears, shall include the terms presents, 
submits, and causes to be made, presented, or submitted. As the context 
requires, ``making'' or ``made'', shall likewise include the 
corresponding forms of such terms.
    (m) Person means any individual, partnership, corporation, 
association, or private organization.
    (n) Representative means an attorney who is a member in good 
standing of the bar of any State, Territory, or possession of the United 
States or of the District of Columbia or the Commonwealth of Puerto 
Rico. (An individual may appear pro se; a corporate officer or an owner 
may represent a business entity.)
    (o) Reviewing Official means the General Counsel of the General 
Services Administration or his designee who is--
    (1) Not subject to supervision by, or required to report to, the 
investigating official; and
    (2) Not employed in the organizational unit of the authority in 
which the investigating official is employed; and
    (3) Serving in a position for which the rate of basic pay is not 
less than the minimum rate of basic pay for grade GS-16 under the 
General Schedule.
    (p) Statement means any representation, certification, affirmation, 
document, record, or accounting or bookkeeping entry made--
    (1) With respect to a claim or to obtain the approval or payment of 
a claim (including relating to eligibility to make a claim); or
    (2) With respect to (including relating to eligibility for)--
    (i) A contract with, or a bid or proposal for a contract with; or
    (ii) A grant, loan, or benefit from, the Authority, or any State, 
political subdivision of a State, or other party, if the United States 
Government provides any portion of the money or property under such 
contract or for such grant, loan, or benefit, or if the Government will 
reimburse such State, political subdivision, or party for any portion of 
the money or property under such contract or for such grant, loan, or 
benefit.

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