§ 57. — Contractor responsibilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC57]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 1--GENERAL PROVISIONS
Sec. 57. Contractor responsibilities
(a) Procedural requirements for prevention and detection of violations
Each contracting agency shall include in each prime contract awarded
by such agency a requirement that the prime contractor shall have in
place and follow reasonable procedures designed to prevent and detect
violations of section 53 of this title in its own operations and direct
business relationships.
(b) Cooperation in investigations requirement
Each contracting agency shall include in each prime contract awarded
by such agency a requirement that the prime contractor shall cooperate
fully with any Federal Government agency investigating a violation of
section 53 of this title.
(c) Reporting requirement; supplying information as favorable evidence
of responsibility
(1)(A) Whenever a prime contractor or subcontractor has reasonable
grounds to believe that a violation of section 53 of this title may have
occurred, the prime contractor or subcontractor shall promptly report
the possible violation in writing.
(B) A contractor shall make the reports required by subparagraph (A)
to the inspector general of the contracting agency, the head of the
contracting agency if the agency does not have an inspector general, or
the Department of Justice.
(2) In the case of an administrative or contractual action to
suspend or debar any person who is eligible to enter into contracts with
the Federal Government, evidence that such person has supplied
information to the United States pursuant to paragraph (1) shall be
favorable evidence of such person's responsibility for the purposes of
Federal procurement laws and regulations.
(d) Partial inapplicability to small contracts
Subsections (a) and (b) of this section do not apply to a prime
contract that is not greater than $100,000 or to a prime contract for
the acquisition of commercial items (as defined in section 403(12) of
this title).
(e) Cooperation in investigations regardless of contract amount
Notwithstanding subsection (d) of this section, a prime contractor
shall cooperate fully with any Federal Government agency investigating a
violation of section 53 of this title.
(Mar. 8, 1946, ch. 80, Sec. 7, as added Pub. L. 99-634, Sec. 2(a), Nov.
7, 1986, 100 Stat. 3525; amended Pub. L. 103-355, title IV,
Sec. 4104(a), title VIII, Sec. 8301(c)(1), Oct. 13, 1994, 108 Stat.
3341, 3397; Pub. L. 104-106, div. D, title XLIII, Sec. 4321(g), Feb. 10,
1996, 110 Stat. 675.)
Amendments
1996--Subsec. (d). Pub. L. 104-106 made technical amendment to
reference in original act which appears in text as reference to section
403(12) of this title and struck out second period at end.
1994--Subsec. (d). Pub. L. 103-355, Sec. 8301(c)(1), inserted before
period at end ``or to a prime contract for the acquisition of commercial
items (as defined in section 403(12) of this title).''
Pub. L. 103-355, Sec. 4104(a), added subsec. (d).
Subsec. (e). Pub. L. 103-355, Sec. 4104(a), added subsec. (e).
Effective Date of 1996 Amendment
For effective date and applicability of amendment by Pub. L. 104-
106, see section 4401 of Pub. L. 104-106, set out as a note under
section 251 of this title.
Effective Date of 1994 Amendment
For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under
section 251 of this title.
Effective Date
Subsecs. (a) and (b) effective with respect to contract
solicitations issued by an agency, department, or other establishment of
the Federal Government on or after the date which is 90 days after Nov.
7, 1986, and subsec. (c) effective with respect to conduct described in
section 53 of this title which occurs on or after Nov. 7, 1986, see
section 3 of Pub. L. 99-634, set out as an Effective Date of 1986
Amendment note under section 51 of this title.
Section Referred to in Other Sections
This section is referred to in sections 51, 52 of this title.
