Page:United States Statutes at Large Volume 124.djvu/3865

124 STAT. 3839 PUBLIC LAW 111–350—JAN. 4, 2011 (A) means a person, other than the prime contractor, that offers to furnish or furnishes supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with the prime contract; and (B) includes a person that offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor. (9) SUBCONTRACTOR EMPLOYEE.—The term ‘‘subcontractor employee’’ means an officer, partner, employee, or agent of a subcontractor. § 8702. Prohibited conduct A person may not— (1) provide, attempt to provide, or offer to provide a kickback; (2) solicit, accept, or attempt to accept a kickback; or (3) include the amount of a kickback prohibited by paragraph (1) or (2) in the contract price— (A) a subcontractor charges a prime contractor or a higher tier subcontractor; or (B) a prime contractor charges the Federal Government. § 8703. Contractor responsibilities (a) REQUIREMENTS INCLUDED IN CONTRACTS.—Each contracting agency shall include in each prime contract awarded by the agency a requirement that the prime contractor shall— (1) have in place and follow reasonable procedures designed to prevent and detect violations of section 8702 of this title in its own operations and direct business relationships; and (2) cooperate fully with a Federal Government agency inves- tigating a violation of section 8702 of this title. (b) FULL COOPERATION REQUIRED.—Notwithstanding subsection (d), a prime contractor shall cooperate fully with a Federal Govern- ment agency investigating a violation of section 8702 of this title. (c) REPORTING REQUIREMENT.— (1) IN GENERAL.—A prime contractor or subcontractor that has reasonable grounds to believe that a violation of section 8702 of this title may have occurred shall promptly report the possible violation in writing 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. (2) SUPPLYING INFORMATION AS FAVORABLE EVIDENCE.—In an administrative or contractual action to suspend or debar a person who is eligible to enter into contracts with the Federal Government, evidence that the person has supplied information to the Federal Government pursuant to paragraph (1) is favor- able evidence of the person’s responsibility for the purposes of Federal procurement laws and regulations. (d) INAPPLICABILITY TO CERTAIN PRIME CONTRACTS.—Subsection (a) does not apply to a prime contract— (1) that is not greater than $100,000; or (2) for the acquisition of commercial items (as defined in section 103 of this title). § 8704. Inspection authority (a) IN GENERAL.—To ascertain whether there has been a violation of section 8702 of this title with respect to a prime contract, the