§ 2.2-4372 — Kickbacks

Virginia § 2.2-4372

• Jurisdiction: Virginia
• Title 2.2: ADMINISTRATION OF GOVERNMENT
• Subtitle II: ADMINISTRATION OF STATE GOVERNMENT
• Ch. 43: VIRGINIA PUBLIC PROCUREMENT ACT
• Art. 6: ETHICS IN PUBLIC CONTRACTING
• Part B: TRANSACTION OF PUBLIC BUSINESS

Text

A. No contractor or subcontractor shall demand or receive from any of his suppliers or his subcontractors, as an inducement for the award of a subcontract or order, any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged.

B. No subcontractor or supplier shall make, or offer to make, kickbacks as described in this section.

C. No person shall demand or receive any payment, loan, subscription, advance, deposit of money, services or anything of value in return for an agreement not to compete on a public contract.

D. If a subcontractor or supplier makes a kickback or other prohibited payment as described in this section, the amount thereof shall be conclusively presumed to have been included in the price of the subcontract or order and ultimately borne by the public body and shall be recoverable from both the maker and recipient. Recovery from one offending party shall not preclude recovery from other offending parties.

Legislative History

1982, c. 647, § 11-78; 2001, c. 844.