Title 41, Public ContractsRelease 119-110

§8701 Definitions

Title 41 › Subtitle IV — Miscellaneous › CHAPTER 87 — KICKBACKS › § 8701

Last updated Sep 22, 2026|Official source

Summary

Defines the key words used in the chapter. Contracting agency means a federal department, agency, or establishment that signs a main (prime) contract. Kickback means any money, fee, gift, or other thing of value given to a contractor, subcontractor, or their employees to improperly get or reward special treatment tied to a prime contract or subcontract. Person means a business or an individual (for example, a corporation, partnership, trust, joint‑stock company, or individual). Prime contract means a contract the federal government makes to buy supplies, equipment, or services. Prime contractor means someone who has such a prime contract. Prime contractor employee means an officer, partner, employee, or agent of a prime contractor. Subcontract means a contract a prime contractor or subcontractor makes to get supplies, equipment, or services under a prime contract. Subcontractor means anyone other than the prime contractor who offers or provides supplies, equipment, or services under a prime contract or related subcontract, and it also covers providers of general supplies to the prime contractor or a higher‑tier subcontractor. Subcontractor employee means an officer, partner, employee, or agent of a subcontractor.

Full Legal Text

Title 41, §8701

Public Contracts, Source: USLM XML via OLRC

In this chapter:
(1)Contracting agency.—
The term “contracting agency”, when used with respect to a prime contractor, means a department, agency, or establishment of the Federal Government that enters into a prime contract with a prime contractor.
(2)Kickback.—
The term “kickback” means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind that is provided to a prime contractor, prime contractor employee, subcontractor, or subcontractor employee to improperly obtain or reward favorable treatment in connection with a prime contract or a subcontract relating to a prime contract.
(3)Person.—
The term “person” means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.
(4)Prime contract.—
The term “prime contract” means a contract or contractual action entered into by the Federal Government to obtain supplies, materials, equipment, or services of any kind.
(5)Prime contractor.— (6) Prime contractor employee.—
The term “prime contractor” means a person that has entered into a prime contract with the Federal Government.
(7)Subcontract.—
The term “subcontract” means a contract or contractual action entered into by a prime contractor or subcontractor to obtain supplies, materials, equipment, or services of any kind under a prime contract.
(8)Subcontractor.— (9) Subcontractor employee.—
The term “subcontractor”— (A)
(B)includes a person that offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 870141:52.Mar. 8, 1946, ch. 80, § 2, 60 Stat. 37; Pub. L. 86–695, Sept. 2, 1960, 74 Stat. 740; Pub. L. 99–634, § 2(a), Nov. 7, 1986, 100 Stat. 3523. In this section, the text of 41:52(3) is omitted because of the definition of “person” in 1:1. In paragraph (2), the words “directly or indirectly” are omitted as unnecessary. Senate Revision

Amendments

enate amendment 4726 (111th Cong.) added par. (3) and redesignated former pars. (3) to (8) as (4) to (9), respectively. See 156 Cong. Rec. 18683 (2010).

Reference

Citations & Metadata

Citation

41 U.S.C. § 8701

Title 41, Public Contracts

Last Updated

Sep 22, 2026

Release point: 119-110