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                            52.203-7 Anti-Kickback Procedures.
        
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FAC Number: 2024-03 Effective Date: 02/23/2024
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Subpart52.052.152.252.3
Section52.20052.20152.20252.20352.20452.20552.20652.20752.20852.20952.21052.21152.21252.21352.21452.21552.21652.21752.21852.21952.22052.22152.22252.22352.22452.22552.22652.22752.22852.22952.23052.23152.23252.23352.23452.23552.23652.23752.23852.23952.24052.24152.24252.24352.24452.24552.24652.24752.24852.24952.25052.25152.25252.253
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52.203-7 Anti-Kickback Procedures.52.203-7 Anti-Kickback Procedures.       As prescribed	in 3.502-3, insert the	following clause:          Anti-Kickback	Procedures (Jun 2020)                                       (a)                   *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 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)                     41 U.S.C. chapter 87,	Kickbacks, 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 Attorney General.                                                            (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 this paragraph (c)(5) but	excepting paragraph (c)(1) of this clause, in all subcontracts under	this contract that exceed the threshold specified in Federal Acquisition	Regulation  3.502-2(i) on the date	of subcontract award.                                                                    (End	of clause)    **Parent topic:**  52.203 [Reserved]
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