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.

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.

(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3838.)