Mandatory Disclosure Requirements

Like the other elements of a contractor compliance program, mandatory disclosure requirements arise from a final ruling amending the FAR jointly issued by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council effective December 12, 2008. Mandatory disclosure requirements appear in three places in this final ruling. The first two mandatory disclosure requirements are included in the revisions to FAR 52.203-13 entitled 'Contractor Code of Business Ethics and Conduct.' As discussed in Part I, among other things, this clause requires contractors to adopt a code of business ethics. This code must include mandatory disclosure. Contractors shall timely disclose, in writing, to the agency Office of the Inspector General, with a copy to the contracting officer, whenever, in connection with the award, performance or closeout of the contract or any subcontract thereunder, the contractor has credible evidence that a principal, employee, agent or subcontractor of the contractor has committed (a) a violation of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations or (b) a violation of the civil False Claims Act (FCA)