Page:United States Statutes at Large Volume 124.djvu/3866

 124 STAT. 3840 PUBLIC LAW 111–350—JAN. 4, 2011 Comptroller General and the inspector general of the contracting agency, or a representative of the contracting agency designated by the head of the agency if the agency does not have an inspector general, shall have access to and may inspect the facilities and audit the books and records, including electronic data or records, of a prime contractor or subcontractor under a prime contract awarded by the agency. (b) EXCEPTION.—This section does not apply to a prime contract for the acquisition of commercial items (as defined in section 103 of this title). § 8705. Administrative offsets (a) DEFINITION.—In this section, the term ‘‘contracting officer’’ has the meaning given that term in chapter 71 of this title. (b) OFFSET AUTHORITY.—A contracting officer of a contracting agency may offset the amount of a kickback provided, accepted, or charged in violation of section 8702 of this title against amounts the Federal Government owes the prime contractor under the prime contract to which the kickback relates. (c) DUTIES OF PRIME CONTRACTOR.— (1) WITHHOLDING AND PAYING OVER OR RETAINING AMOUNTS.— On direction of a contracting officer of a contracting agency with respect to a prime contract, the prime contractor shall withhold from amounts owed to a subcontractor under a sub- contract of the prime contract the amount of a kickback which was or may be offset against the prime contractor under sub- section (b). The contracting officer may order that amounts withheld— (A) be paid over to the contracting agency; or (B) be retained by the prime contractor if the Federal Government has already offset the amount against the prime contractor. (2) NOTICE.—The prime contractor shall notify the contracting officer when an amount is withheld and retained under para- graph (1)(B). (d) OFFSET, DIRECTION, OR ORDER IS CLAIM OF FEDERAL GOVERN- MENT.—An offset under subsection (b) or a direction or order of a contracting officer under subsection (c) is a claim by the Federal Government for the purposes of chapter 71 of this title. § 8706. Civil actions (a) AMOUNT.—The Federal Government in a civil action may recover from a person— (1) that knowingly engages in conduct prohibited by section 8702 of this title a civil penalty equal to— (A) twice the amount of each kickback involved in the violation; and (B) not more than $10,000 for each occurrence of prohib- ited conduct; and (2) whose employee, subcontractor, or subcontractor employee violates section 8702 of this title by providing, accepting, or charging a kickback a civil penalty equal to the amount of that kickback. (b) STATUTE OF LIMITATIONS.—A civil action under this section must be brought within 6 years after the later of the date on which— (1) the prohibited conduct establishing the cause of action occurred; or