About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-222102 1 (1986-02-26)

handle is hein.gao/gaobaduwt0001 and id is 1 raw text is: i 726 COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 4 B-222102 R LEAEDi, February 26, 1986 The Honorable William S. Cohen Chairman, Subcommittee on Oversight of Government Management Committee on Governmental Affairs Dear Mr. Chairman: Your February 13, 1986 letter, submitted jointly with Senator Carl Levin, asks five questions concerning the extent of General Accounting Office involvement pursuant to the Anti- Kickback Act, 41 U.S.C. 51-54,4in reviews of kickbacks paid by defense subcontractors to employees of prime contractors. Your first two questions request specific information on GAO kickback investigations, including investigations of defense subcontractor kickbacks within the last 10 years. This information has been supplied to members of the subcom- mittee staff. Your other questions request the definition of kickback used by GAO, including how non-cash items should be treated, as well as a discussion of problems encountered in conducting subcontractor kickback reviews and a comment as to the ade- quacy of the Act, particularly as to those provisions that identify specific GAO responsibilities. As you know, the Act defines kickback as including the payment of any fee, commission, or compensation of any kind (emphasis supplied) to an employee of a higher tier subcon- tractor or to an employee of a prime contractor holding a negotiated contract with the Government. The Act also pro- hibits such payments directly to higher tier subcontractors or to prime contractors. It must be demonstrated, however, that payments were made either as an inducement for the award of a subcontract or order from the prime contractor or any subcon- tractors, or as an acknowledgement of a subcontract or order previously awarded. Proof that such an intent existed can frequently be difficult to demonstrate conclusively. Never- theless, the definition clearly encompasses the provision of non-cash items such as trips, cars, and tickets to sporting events.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most