Carnegie Mellon University

Anti-Kickback Clause

Purpose

The purpose of this clause is to inform all university buyers of their responsibility to act in an ethical manner that brings the best overall value to the University and not to solicit and/or accept personal gain from any transaction.

While this clause is generally used for all government sponsored research, the Office of Naval Research (ONR) which is our cognizant agency, has required all University buyers to read, understand and sign off on this clause.

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 prime contractor (University and/or Principal Investigator), 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. 

Clause (FAR 52.203-7)

The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act) prohibits 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 penalties on any person who knowingly and willfully engages in the prohibited conduct addressed in the Act [reference FAR 3.502-2 (b) and (c)]).

Applicability

This clause is designed to work hand-in-hand with our Buyers Code of Ethics to ensure Carnegie Mellon is represented in a professional manner that brings the best value to the University in all purchases.