[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: 48CFR3.502-1]



[Page 53-54]

 

            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.

    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.



[[Page 54]]



    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, section 3.502-1 was amended by redesignating 

paragraphs (a) and (b) as (1) and (2). There are no designated 

paragraphs (a) and (b) in section 3.502-1.