Background: The federal Anti-Kickback Act of 1986 prohibits those involved in government contracting from offering, accepting, or attempting to accept inducements for favorable treatment in awarding contracts for materials, equipment, or services of any kind.

Definition: A kickback is compensation of any kind directly or indirectly accepted by a faculty or staff member from a vendor, contractor, or subcontractor competing for or doing business with the University, for the purpose of influencing the award of a contract. Kickbacks can include:

• Money
• Fees
• Commissions
• Credits
• Gifts or gratuities

Procedures: The Federal Acquisition Regulation requires that the University have and follow reasonable procedures to prevent and detect violations of the Anti-Kickback Act. These procedures include:

• The standards of conduct for purchasing professionals, incorporating the National Association of Educational Buyers' Code of Ethics




• UC's Policy and Guidelines Regarding Acceptance of Gifts and Gratuities by Employees, which is responsive to Circular A110, Office of Management and Budget administrative requirements

• Internal and external reviews from the federal Office of Naval Research and the Circular A-110 auditor to provide checks and balances



• Levels of authority for approving transactions established by University purchasing departments to detect any discrepancies or failure to follow required polices and procedures

Penalties: Any person found to have willingly participated in activities prohibited by the Anti-Kickback Act may be subject to criminal actions resulting in fines, imprisonment, or both. Any person who knowingly engages in prohibited conduct may be subject to civil actions resulting in fines.

Note: To view the official definition, please see the criminal penalties or civil actions sections of the text of the Anti-Kickback Act.

To report kickback violations, immediately contact Linda Collins, purchasing director. If your report involves the purchasing director, you can contact Don Larson, assistant vice chancellor for Business and Financial Services. All reports will be examined and, if warranted, investigated.

Questions? Contact Linda Collins, Director, Procurement and Contracts, (858) 534-3082.