48 C.F.R. § 3.401

3.401 Definitions.

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As used in this subpart—

Bona fide agency, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

Bona fide employee, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

Contingent fee, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

Improper influence, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

[48 FR 42108, Sept. 19, 1983, as amended at 66 FR 2127, Jan. 10, 2001]

Notes of Decisions

Cited in 3 cases, 1999–2017 · leading case: Keefe Co. v. Americable Int'l, Inc., 169 F.3d 34 (D.C. Cir. 1999).

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Keefe Co. v. Americable Int'l, Inc., 169 F.3d 34 (D.C. Cir. 1999). · cites it 3× “” 48 C.F.R. § 3.401 (1986). 2 “Improper influence” is defined as “any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.”

McCurdy Grp., LLC v. Am. Biomedical Grp., Inc., 9 F. App'x 822 (10th Cir. 2001). “According to 48 C.F.R § 3.401, “bona fide agency” means an established commercial or selling agency, maintained by a 4 For a discussion of the quoted terms, see Subcomm.”

Lawrence v. Longhi Vs. Starr, Gern, Davison & Rubin, Pc(l-5506-13, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “" 48 C.F.R. § 3.401 (2017). Five factors are relevant in making this determination: (1) whether the fees are commensurate with the nature and extent of the services rendered by the company and not excessive as compared with the fees customarily allowed for similar services; (2)…”

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