((a)) ** .—** In this section, the term “contracting officer” has the meaning given that term in chapter 71 of this title.

((b)) ** .—** A contracting officer of a contracting agency may offset the amount of a kickback provided, accepted, or charged in violation of against amounts the Federal Government owes the prime contractor under the prime contract to which the kickback relates.

((c))

((1)) ** .—** On direction of a contracting officer of a contracting agency with respect to a prime contract, the prime contractor shall withhold from amounts owed to a subcontractor under a subcontract of the prime contract the amount of a kickback which was or may be offset against the prime contractor under subsection (b). The contracting officer may order that amounts withheld—

((A)) be paid over to the contracting agency; or

((B)) be retained by the prime contractor if the Federal Government has already offset the amount against the prime contractor.

((2)) ** .—** The prime contractor shall notify the contracting officer when an amount is withheld and retained under paragraph (1)(B).

((d)) ** .—** An offset under subsection (b) or a direction or order of a contracting officer under subsection (c) is a claim by the Federal Government for the purposes of chapter 71 of this title.