TITLE 41 - PUBLIC CONTRACTS
CHAPTER 1 - GENERAL PROVISIONS
Sec. 53. Prohibited conduct
It is prohibited for any person -
(1) to provide, attempt to provide, or offer to provide any
(2) to solicit, accept, or attempt to accept any kickback; or
(3) to include, directly or indirectly, the amount of any
kickback prohibited by clause (1) or (2) in the contract price
charged by a subcontractor to a prime contractor or a higher tier
subcontractor or in the contract price charged by a prime
contractor to the United States.
(Mar. 8, 1946, ch. 80, Sec. 3, 60 Stat. 38; Pub. L. 86-695, Sept.
2, 1960, 74 Stat. 741; Pub. L. 99-634, Sec. 2(a), Nov. 7, 1986, 100
1986 - Pub. L. 99-634 amended section generally. Prior to
amendment, section read as follows: "For the purpose of
ascertaining whether such fees, commissions, compensation, gifts,
or gratuities have been paid or granted by a subcontractor, the
General Accounting Office shall have the power to inspect the
plants and to audit the books and records of any prime contractor
or subcontractor engaged in the performance of a negotiated
1960 - Pub. L. 86-695 substituted "negotiated contract" for "cost-
plus-a-fixed-fee or cost reimbursable contract".
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-634 effective with respect to conduct
described in this section which occurs on or after Nov. 7, 1986,
see section 3(a) of Pub. L. 99-634, set out as a note under section
51 of this title.
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