Copeland Anti-Kickback Act
Third Party Procurement
Frequently Asked Questions
Q = Question; A = Answer
Q. The BPPM required clauses language states that Davis Bacon and Copeland Anti-Kickback Act provisions only apply to construction contracts over $2,000. However, the new Circular 4220.1F (Appendix D page 2 of 8) indicates that Copeland Anti-Kickback Act provisions apply to all construction contracts, regardless of threshold.
A. The Copeland "Anti Kickback" Act (Copeland Act) is divided into two sections. Section 1 of the Copeland, 18 U.S.C. § 874, is a criminal statute prohibiting anyone from inducing, by any means, any person employed on construction, prosecution, completion, or repair of a federally assisted building or work, to give up any part of his or her compensation to which he or she is otherwise entitled. Section 1 applies to all construction contracts irrespective of amount. Section 2 of the Copeland Act, 40 U.S.C. § 3145, is a civil statute requiring certain employment records to be maintained. Section 2 is administered under U.S. Department of Labor regulations and applies to construction contracts exceeding $2,000. (Revised: May 2010)