FAR 52.203-7 - Anti-Kickback Procedures

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Prescribed in 3.502-3
Effective Date:	10 January 2010
Clause or Provision:	Clause
Provision or Clause Number:	52.203-7 - Anti-Kickback Procedures
Principle Type And/Or Purpose of Contract:
Required:	Utility Services; Fixed Price, Supply; Cost Reimbursement, Supply; Fixed Price, R&D; Cost Reimbursement, R&D; Fixed Price, Service; Cost Reimbursement, Service; Fixed Price, Construction; Cost Reimbursement, Construction; Time & Material/Labor Hour; Leasing of Motor Vehicles; Communication Services; Dismantling, Demolition or Removal of Improvements; Architect-Engineering; Facilities; Indefinite Delivery; Transportation; Utility Services
Applicable:	Simplified Acquisition Procedures (Excludes Micro-Purchase)
Optional:
Subject:	Anti-Kickback
ProcurementType:
Contract Threshold:
Prescription Overview:	The contracting officer shall insert the clause at 52.203-7, Anti-Kickback Procedures, in solicitations and contracts exceeding the simplified acquisition threshold, other than those for commercial items (see Part 12).
Clause Overview:	52.203-7 Anti-Kickback Procedures Definitions. Kickback, as used in this clause, 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 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— (1) Providing or attempting to provide or offering to provide any 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. (c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships. (2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice. (3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause. (4) The Contracting Officer may: (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld. (5) The Contractor agrees to incorporate the substance of this clause, including paragraph (c)(5) but excepting paragraph (c)(1), in all subcontracts under this contract which exceed $150,000. References & Notes
Important Notes/Requirements:	Required for all Cost and Fixed Price Contracts
Subcontract Threshold:	>150,000
Incorporated by Reference:	Yes
Uniform Contract Format:	I
Editor:	Marshall

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Personal notes.