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(a) Gifts. A bidder, offeror, or contractor must not make or offer to make a gift to a public employee which the public employee is prohibited from accepting under Chapter 19A.
(1) In this Chapter, a kickback means any money, fee, commission, credit, gift, or compensation of any kind which is provided directly or indirectly to a prime contractor, a prime contractor employee, a subcontractor, a subcontractor employee, a public employee, or other person for the purpose of obtaining or rewarding favorable treatment in the award of a prime contract or a subcontract in connection with a contract awarded by the County.
(2) A person must not:
(A) provide, attempt to provide, or offer to provide a kickback;
(B) solicit, accept, or attempt to accept a kickback;
(C) include, directly or indirectly, the amount of a kickback in the price charged by the subcontractor to the contractor, or by the prime contractor in the price charged by the prime contractor, to the County; or
(D) claim that the unlawfully induced contract or subcontract fulfills any legal, regulatory, or contractual requirement.
(3) The Director may offset the amount of a kickback from any sum owed to the prime contractor by the County. (1994 L.M.C., ch. 30, § 1.)