Anti-Kickback Act of 1986

Regulation Reference Cite 41 U.S.C. §§ 8701-8707: 48 C.F.R. § 3.502-2
Report Due Date (Actual) N/A
Level Requirement
Oversight Unit PURCHASING
Person Responsible Joseph Ombrello
Secondary Person Responsible Jamie Beauchamp
President / VP Level Finance
Description

Prohibits any payment or gratuity made for the purpose of inducing award of a subcontract or prime contract with the federal government. Below are notes which details requirements for contracts over $150,000. 

Requires each contracting agency to include in each prime contract exceeding $150,000 for other than commercial items, a requirement that the prime contractor shall—

(1) Have in place and follow reasonable procedures designed to prevent and detect violations of the Act in its own operations and direct business relationships (e.g., company ethics rules prohibiting kickbacks by employees, agents, or subcontractors; education programs for new employees and subcontractors, explaining policies about kickbacks, related company procedures and the consequences of detection; procurement procedures to minimize the opportunity for kickbacks; audit procedures designed to detect kickbacks; periodic surveys of subcontractors to elicit information about kickbacks; procedures to report kickbacks to law enforcement officials; annual declarations by employees of gifts or gratuities received from subcontractors; annual employee declarations that they have violated no company ethics rules; personnel practices that document unethical or illegal behavior and make such information available to prospective employers); and

(2) Cooperate fully with any Federal agency investigating a possible violation of the Act.

Contacts and Data Sources

Steve Brown