[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR3.401]



[Page 51-52]

 

            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 3.4_Contingent Fees

 

Sec. 3.401  Definitions.



    As used in this subpart--



[[Page 52]]



    Bona fide agency, means an established commercial or selling agency, 

maintained by a contractor for the purpose of securing business, that 

neither exerts nor proposes to exert improper influence to solicit or 

obtain Government contracts nor holds itself out as being able to obtain 

any Government contract or contracts through improper influence.

    Bona fide employee, means a person, employed by a contractor and 

subject to the contractor's supervision and control as to time, place, 

and manner of performance, who neither exerts nor proposes to exert 

improper influence to solicit or obtain Government contracts nor holds 

out as being able to obtain any Government contract or contracts through 

improper influence.

    Contingent fee, means any commission, percentage, brokerage, or 

other fee that is contingent upon the success that a person or concern 

has in securing a Government contract.

    Improper influence, means any influence that induces or tends to 

induce a Government employee or officer to give consideration or to act 

regarding a Government contract on any basis other than the merits of 

the matter.



[48 FR 42108, Sept. 19, 1983, as amended at 66 FR 2127, Jan. 10, 2001]