§ 52. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC52]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 1--GENERAL PROVISIONS
Sec. 52. Definitions
As used in sections 51 to 58 of this title:
(1) The term ``contracting agency'', when used with respect to a
prime contractor, means any department, agency, or establishment of
the United States which enters into a prime contract with a prime
contractor.
(2) The term ``kickback'' means any money, fee, commission,
credit, gift, gratuity, thing of value, or compensation of any kind
which is provided, directly or indirectly, to any prime contractor,
prime contractor employee, subcontractor, or subcontractor employee
for the purpose of improperly obtaining or rewarding favorable
treatment in connection with a prime contract or in connection with
a subcontract relating to a prime contract.
(3) The term ``person'' means a corporation, partnership,
business association of any kind, trust, joint-stock company, or
individual.
(4) The term ``prime contract'' means a contract or contractual
action entered into by the United States for the purpose of
obtaining supplies, materials, equipment, or services of any kind.
(5) The term ``prime contractor'' means a person who has entered
into a prime contract with the United States.
(6) The term ``prime contractor employee'' means any officer,
partner, employee, or agent of a prime contractor.
(7) The term ``subcontract'' means a contract or contractual
action entered into by a prime contractor or subcontractor for the
purpose of obtaining supplies, materials, equipment, or services of
any kind under a prime contract.
(8) The term ``subcontractor''--
(A) means any person, other than the prime contractor, who
offers to furnish or furnishes any supplies, materials,
equipment, or services of any kind under a prime contract or a
subcontract entered into in connection with such prime contract;
and
(B) includes any person who offers to furnish or furnishes
general supplies to the prime contractor or a higher tier
subcontractor.
(9) The term ``subcontractor employee'' means any officer,
partner, employee, or agent of a subcontractor.
(Mar. 8, 1946, ch. 80, Sec. 2, 60 Stat. 38; Pub. L. 86-695, Sept. 2,
1960, 74 Stat. 740; Pub. L. 99-634, Sec. 2(a), Nov. 7, 1986, 100 Stat.
3523.)
Amendments
1986--Pub. L. 99-634 amended section generally. Prior to amendment,
section read as follows: ``For the purpose of sections 51 to 54 of this
title, the term `subcontractor' is defined as any person, including a
corporation, partnership, or business association of any kind, who holds
an agreement or purchase order to perform all or any part of the work or
to make or to furnish any article or service required for the
performance of a negotiated contract or of a subcontract entered into
thereunder; the term `person' shall include any subcontractor,
corporation, association, trust, joint-stock company, partnership, or
individual; and the term `negotiated contract' means made without formal
advertising.''
1960--Pub. L. 86-695 substituted ``negotiated contract'' for ``cost-
plus-a-fixed-fee or cost reimbursable contract'' in definition of
``subcontractor'' and defined ``negotiated contract''.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-634 effective with respect to conduct
described in section 53 of this title 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.
Section Referred to in Other Sections
This section is referred to in section 51 of this title.
