Title 41Public ContractsRelease 119-73

§8705 Administrative offsets

Title 41 › Subtitle Subtitle IV— - Miscellaneous › Chapter CHAPTER 87— - KICKBACKS › § 8705

Last updated Apr 6, 2026|Official source

Summary

A contracting officer can reduce the money the government owes a prime contractor by the amount of a kickback tied to that prime contract. If ordered by the contracting officer, the prime contractor must hold back the same amount from payments it owes a subcontractor. The contracting officer can tell the prime to send the held money to the agency or to keep it if the government already took the amount from the prime. The prime contractor must tell the contracting officer when it keeps money under that second option. Contracting officer: the official definition is in chapter 71 of this title. Any offset or order under these rules counts as a claim by the federal government under chapter 71.

Full Legal Text

Title 41, §8705

Public Contracts — Source: USLM XML via OLRC

(a)In this section, the term “contracting officer” has the meaning given that term in chapter 71 of this title.
(b)A contracting officer of a contracting agency may offset the amount of a kickback provided, accepted, or charged in violation of section 8702 of this title against amounts the Federal Government owes the prime contractor under the prime contract to which the kickback relates.
(c)(1)On direction of a contracting officer of a contracting agency with respect to a prime contract, the prime contractor shall withhold from amounts owed to a subcontractor under a subcontract of the prime contract the amount of a kickback which was or may be offset against the prime contractor under subsection (b). The contracting officer may order that amounts withheld—
(A)be paid over to the contracting agency; or
(B)be retained by the prime contractor if the Federal Government has already offset the amount against the prime contractor.
(2)The prime contractor shall notify the contracting officer when an amount is withheld and retained under paragraph (1)(B).
(d)An offset under subsection (b) or a direction or order of a contracting officer under subsection (c) is a claim by the Federal Government for the purposes of chapter 71 of this title.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 8705(a)41:56(d).Mar. 8, 1946, ch. 80, § 6, 60 Stat. 37; Pub. L. 86–695, Sept. 2, 1960, 74 Stat. 740; Pub. L. 99–634, § 2(a), Nov. 7, 1986, 100 Stat. 3524. 8705(b)41:56(a). 8705(c)41:56(b). 8705(d)41:56(c).

Reference

Citations & Metadata

Citation

41 U.S.C. § 8705

Title 41Public Contracts

Last Updated

Apr 6, 2026

Release point: 119-73