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41 U.S.C. § 8701 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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.—** — The term “prime contractor” means a person that has entered into a prime contract with the Federal Government.
(6) **Prime contractor employee.—** — The term “prime contractor employee” means an officer, partner, employee, or agent of a prime contractor.
(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.—** — The term “subcontractor”—
(A) means a person, other than the prime contractor, that offers to furnish or furnishes supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with the prime contract; an
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Source location: Title 41, Chapter 87, § 8701; chapter-087-kickbacks.md
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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.—** — The term “prime contractor” means a person that has entered into a prime contract with the Federal Government.
(6) **Prime contractor employee.—** — The term “prime contractor employee” means an officer, partner, employee, or agent of a prime contractor.
(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.—** — The term “subcontractor”—
(A) means a person, other than the prime contractor, that offers to furnish or furnishes supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with the prime contract; and
(B) includes a person that offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor.
(9) **Subcontractor employee.—** — The term “subcontractor employee” means an officer, partner, employee, or agent of a subcontractor.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Payment Authority.—** The head of any agency may—
(1) make advance, partial, progress, or other payments under contracts for property or services made by the agency; and
(2) insert in solicitations for procurement of property or services a provision limiting to small business concerns advance or progress payments.
**(b) Payment Dates for Contractors That Are Small Business Concerns.—**
(1) **Prime contractors.—** — For a prime contractor (as defined in [section 8701 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8701&num=0&edition=prelim)) that is a small business concern (as defined in section 3 of the Small Business Act ([15 U.S.C. 632](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section632&num=0&edition=prelim))), the Secretary of Defense shall, to the fullest extent permitted by law, establish an accelerated payment date with a goal of 15 days after receipt of a proper invoice for the amount due.
(2) **Subcontractors.—** — For a prime contractor that subcontracts with a small business concern, the Secretary of Defense shall, to the fullest extent permitted by law, establish an accelerated payment date with a goal of 15 days after receipt of a proper invoice for the amount due if the prime contractor agrees to make payments to the subcontractor in accordance with the accelerated payment date, to the maximum extent practicable, without any further consideration from or fees charged to the subcontractor.
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Federal law — U.S. Code and appendices · legal_authorities
Page 210
TITLE 41—PUBLIC CONTRACTS
§ 8505
service on the procurement list referred to in
section 8503 of this title shall procure the prod-
uct or service from a qualified nonprofit agency
for the blind or a qualified nonprofit agency for
other severely disabled in accordance with regu-
lations of the Committee and at the price the
Committee establishes if the product or service
is available within the period required by the
entity.
(b) EXCEPTION.—This section does not apply to
the procurement of a product that is available
from an industry established under chapter 307
of title 18 and that is required under section 4124
of title 18 to be procured from that industry.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3837.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
8504 ............
41:48.
June 25, 1938, ch. 697, § 3, 52
Stat. 1196; Pub. L. 92–28,
§ 1, June 23, 1971, 85 Stat.
80.
In subsection (a), the words ‘‘referred to in section
8503 of this title’’ are added for clarity because of the
restatement of 41:47(a) in section 8503(a) of the revised
title.
In subsection (b), the words ‘‘for procurement’’ are
omitted as unnecessary.
§ 8505. Audit
For the purpose of audit and examination, the
Comptroller General shall have access to the
books, documents, papers, and other records of—
(1) the Committee and of each central non-
profit agency the Committee designates under
section 8503(c) of this title; and
(2) qualified nonprofit agencies for the blind
and qualified nonprofit agencies for other se-
verely disabled that have sold products or
services under this chapter to the extent those
books, documents, papers, and other records
relate to the activities of the agency in a fis-
cal year in which
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