2.2-4372 - Kickbacks. - Virginia Statutes

§ 2.2-4372. Kickbacks.

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

B. No subcontractor or supplier shall make, or offer to make, kickbacks asdescribed 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 anagreement not to compete on a public contract.

D. If a subcontractor or supplier makes a kickback or other prohibitedpayment as described in this section, the amount thereof shall beconclusively presumed to have been included in the price of the subcontractor order and ultimately borne by the public body and shall be recoverablefrom both the maker and recipient. Recovery from one offending party shallnot preclude recovery from other offending parties.

(1982, c. 647, § 11-78; 2001, c. 844.)