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Title 41 — Public ContractsRelease 119-73

§8703 Contractor responsibilities

Title 41 › Subtitle Subtitle IV— - Miscellaneous › Chapter CHAPTER 87— - KICKBACKS › § 8703

Last updated Apr 6, 2026|Official source

Summary

Prime contractors must have and use reasonable steps to prevent and find violations of section 8702 in their own work and with their direct business partners. They must also fully cooperate with any federal agency that is investigating such a violation. Even if a prime contract is $100,000 or less or is for commercial products or services, the duty to cooperate still applies. If a prime contractor or subcontractor reasonably thinks a violation may have happened, they must quickly report it in writing to the contracting agency’s inspector general, or if there is none, to the agency head, or to the Attorney General. Making such a report is treated as favorable evidence of responsibility in suspension or debarment actions.

Full Legal Text

Title 41, §8703

Public Contracts — Source: USLM XML via OLRC

(a)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 investigating a violation of section 8702 of this title.
(b)Notwithstanding subsection (d), a prime contractor shall cooperate fully with a Federal Government agency investigating a violation of section 8702 of this title.
(c)(1)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)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 favorable evidence of the person’s responsibility for the purposes of Federal procurement laws and regulations.
(d)Subsection (a) does not apply to a prime contract—
(1)that is not greater than $100,000; or
(2)for the acquisition of commercial products or commercial services (as defined in section 103 and 103a, respectively, of this title).

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 8703(a)41:57(a), (b).Mar. 8, 1946, ch. 80, § 7, 60 Stat. 37; Pub. L. 86–695, Sept. 2, 1960, 74 Stat. 740; Pub. L. 99–634, § 2(a), Nov. 7, 1986, 100 Stat. 3525; Pub. L. 103–355, title IV, § 4104(a), title VIII, § 8301(c)(1), Oct. 13, 1994, 108 Stat. 3341, 3397; Pub. L. 104–106, div. D, title XLIII, § 4321(g), Feb. 10, 1996, 110 Stat. 675. 8703(b)41:57(e). 8703(c)41:57(c). 8703(d)41:57(d). In subsection (c)(1), the words “Attorney General” are substituted for “Department of Justice” because of 28:503.

Editorial Notes

Amendments

2018—Subsec. (d)(2). Pub. L. 115–232 substituted “commercial products or commercial services (as defined in section 103 and 103a, respectively, of this title)” for “commercial items (as defined in section 103 of this title)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a

Savings Provision

, see section 836(h) of Pub. L. 115–232, set out as an

Effective Date

of 2018 Amendment;

Savings Provision

note under section 453b of Title 6, Domestic Security.

Reference

Citations & Metadata

Citation

41 U.S.C. § 8703

Title 41 — Public Contracts

Last Updated

Apr 6, 2026

Release point: 119-73