§8702. Prohibited conduct — Inbound Citations

Citations to 41 U.S.C. § 8702 as a whole

• 41 U.S.C. § 8703(a)(1)

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  (1) have in place and follow reasonable procedures designed to prevent and detect violations of section 8702 of this title in its own operations and direct business relationships; and
• 41 U.S.C. § 8703(a)(2)

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  (2) cooperate fully with a Federal Government agency investigating a violation of section 8702 of this title.
• 41 U.S.C. § 8703(b)

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  (b) Notwithstanding subsection (d), a prime contractor shall cooperate fully with a Federal Government agency investigating a violation of section 8702 of this title.
• 41 U.S.C. § 8703(c)(1)

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  (1) A prime contractor or subcontractor that has reasonable grounds to believe that a violation of section 8702 of this title may have occurred shall promptly report the possible violation in writing to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General.
• 41 U.S.C. § 8704(a)

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  (a) To ascertain whether there has been a violation of section 8702 of this title with respect to a prime contract, the Comptroller General and the inspector general of the contracting agency, or a representative of the contracting agency designated by the head of the agency if the agency does not have an inspector general, shall have access to and may inspect the facilities and audit the books and records, including electronic data or records, of a prime contractor or subcontractor under a prime contract awarded by the agency.
• 41 U.S.C. § 8705(b)

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  (b) A contracting officer of a contracting agency may offset the amount of a kickback provided, accepted, or charged in violation of section 8702 of this title against amounts the Federal Government owes the prime contractor under the prime contract to which the kickback relates.
• 41 U.S.C. § 8706(a)(1)

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  (1) that knowingly engages in conduct prohibited by section 8702 of this title a civil penalty equal to—

  (A) twice the amount of each kickback involved in the violation; and

  (B) not more than $10,000 for each occurrence of prohibited conduct; and
• 41 U.S.C. § 8706(a)(2)

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  (2) whose employee, subcontractor, or subcontractor employee violates section 8702 of this title by providing, accepting, or charging a kickback a civil penalty equal to the amount of that kickback.
• 41 U.S.C. § 8707

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  A person that knowingly and willfully engages in conduct prohibited by section 8702 of this title shall be fined under title 18, imprisoned for not more than 10 years, or both.