Anti-Kickback Clause

University buyers and personnel responsible for the acquisition of goods and services must abide by the Carnegie Mellon Buyer Code of Ethics and act in a manner that brings the best overall value to university acquisitions and to not solicit and/or accept personal gain from any procurement transactions. Questions or concerns about potential or perceived kickbacks should be referred to Procurement Services.

Definition

"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 directly or indirectly, to any university, university employee (principal investigator, buyer, executive, etc.), subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with an award.

Anti-Kickback Act of 1986 (41 U.S.C. 51-58)

The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act) is generally used for all U.S. government-sponsored research. However, the as the university’s overall Administrative Contracting Officer (ACO), the Office of Naval Research (ONR), requires all university buyers to read, understand and sign off on this clause.

The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act) prohibits, when using U.S. government funding, any person from:

• Providing or attempting to provide or offering to provide any kickback;
• Soliciting, accepting or attempting to accept any kickback; or,
• Including, directly or indirectly, the amount of any kickback in the contract price.

The Act imposes criminal and civil penalties on any person who, when using federal funding, knowingly and willfully engages in the prohibited conduct addressed above (reference FAR 3.502-2 (b) and (c) at www.acquisition.gov/far/index.html).