# 48 CFR § 52.203-7: 52.203-7 Anti-Kickback Procedures > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-7 ## Section - **Citation:** 48 CFR § 52.203-7 - **Heading:** 52.203-7 Anti-Kickback Procedures - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** September 22, 2026 - **Source:** Publisher's official text - **Location:** Title 48—Federal Acquisition Regulations System > CHAPTER 1—FEDERAL ACQUISITION REGULATION > SUBCHAPTER H—CLAUSES AND FORMS > PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES > Subpart 52.2—Text of Provisions and Clauses ## Text As prescribed in 3.502-3, insert the following clause: Anti-Kickback Procedures (JUN 2020) (a) Definitions. Kickback, as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided 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. Person, as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual. Prime contract, as used in this clause, 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. Prime Contractor, as used in this clause, means a person who has entered into a prime contract with the United States. Prime Contractor employee, as used in this clause, means any officer, partner, employee, or agent of a prime Contractor. Subcontract, as used in this clause, 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. Subcontractor, as used in this clause, (1) 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 (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor. Subcontractor employee, as used in this clause, means any officer, partner, employee, or agent of a subcontractor. (b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from— (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. (c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships. (2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made 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. (3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause. (4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor under the prime contract, the amount of any kickback. The Contracting Officer may order the monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld. (5) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c)(5) but excepting paragraph (c)(1) of this clause, in all subcontracts under this contract that exceed the threshold specified in Federal Acquisition Regulation 3.502-2(i) on the date of subcontract award. (End of clause) [52 FR 6122, Feb. 27, 1987, as amended at 53 FR 34228, Sept. 2, 1988; 53 FR 36028, Sept. 16, 1988; 60 FR 34761, July 3, 1995; 75 FR 53134, Aug. 30, 2010; 79 FR 24214, Apr. 29, 2014; 85 FR 27091, May 6, 2020] ## Nearby sections - [48 CFR § 52.100 52.100 Scope of subpart.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.100.md) - [48 CFR § 52.105 52.105 Procedures for using alternates.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.105.md) - [48 CFR § 52.107 52.107 Provisions and clauses prescribed in subpart 52.1.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.107.md) - [48 CFR § 52.200 52.200 Scope of subpart.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.200.md) - [48 CFR § 52.201-1 52.201-1 Acquisition 360: Voluntary Survey.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.201-1.md) - [48 CFR § 52.202-1 52.202-1 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.202-1.md) - [48 CFR § 52.203-2 52.203-2 Certificate of Independent Price Determination.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-2.md) - [48 CFR § 52.203-5 52.203-5 Covenant Against Contingent Fees.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-5.md) - [48 CFR § 52.203-6 52.203-6 Restrictions on Subcontractor Sales to the Government.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-6.md) - [48 CFR § 52.203-7 52.203-7 Anti-Kickback Procedures.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-7.md) - [48 CFR § 52.203-8 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-8.md) - [48 CFR § 52.203-10 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-10.md) - [48 CFR § 52.203-13 52.203-13 Contractor Code of Business Ethics and Conduct.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-13.md) - [48 CFR § 52.203-16 52.203-16 Preventing Personal Conflicts of Interest.](https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-16.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-48-52.203-7. Check the current official text before relying on it. Not legal advice.