# § 8701. Definitions
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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**Source Credit**: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3838.)
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 8701 | 41:52. | Mar. 8, 1946, ch. 80, § 2, 60 Stat. 37; Pub. L. 86–695, Sept. 2, 1960, 74 Stat. 740; Pub. L. 99–634, § 2(a), Nov. 7, 1986, 100 Stat. 3523. |
In this section, the text of 41:52(3) is omitted because of the definition of “person” in 1:1.
In paragraph (2), the words “directly or indirectly” are omitted as unnecessary.
### Senate Revision Amendment
Senate amendment 4726 (111th Cong.) added par. (3) and redesignated former pars. (3) to (8) as (4) to (9), respectively. See 156 Cong. Rec. 18683 (2010).