Section 8702 · Prohibited conduct

Amended 1 time on record

Applied in 6 court decisions — leading case In re the Search of Information Associated with [redacted]@mac.com that is Stored at Premises Controlled by Apple, Inc. (2014)

Most recently applied in Enhanced Veterans Solutions, Inc. v. United States (April 2017)

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.

Editorial notes U.S. Code · Office of the Law Revision Counsel

SectionSource (U.S. Code)Source (Statutes at Large) 8702 41:53. Mar. 8, 1946, ch. 80, §3, 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. In paragraph (3), before subparagraph (A), the words “directly or indirectly” are omitted as unnecessary.