Contractor Disclosures Of Certain Violations of Criminal...
Certain Violations of Criminal Law
and the Civil False Claims Act
Effective December 12, 2008, the Federal Acquisition Regulation (FAR) was amended to, in part, require that contractors timely notify the relevant Office of Inspector General (OIG) whenever there is credible evidence to believe that a violation(s) of criminal law and/or the civil False Claims Act have occurred in connection with a Federal contract.
Specifically, contractors must disclose, in writing, to the OIG whenever they have credible evidence that a principal, employee, agent, or subcontractor of the contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations (found in Title 18 of the United States Code) or a violation of the civil False Claims Act (31 U.S.C. 3729-3733), in connection with the award, performance, or closeout of a Government contract or a subcontract awarded thereunder. Disclosures must be made by a senior officer or manager authorized to speak for the contractor.
Disclosure regarding conduct that occurred before December 12, 2008, is also required under this new FAR rule. Penalties for knowing failure to timely disclose include suspension and/or debarment. For additional details see: Contractor Business Ethics Compliance Program and Disclosure Requirements, 73 Fed. Reg. 219, 67064 (Nov. 12, 2008) (to be codified at 48 C.F.R. pts. 2, 3, 9, 42, 52).
Disclosures and/or supporting documentation can also be mailed to:
USDOT Inspector General
Attn: Contractor Disclosure
1200 New Jersey Ave SE, Room W73-104A
Washington, DC 20590
If you wish to report information that does not fall within these guidelines, please visit our Hotline webpage at: http://www.oig.dot.gov/hotline
For additional information, contact Mr. Scott Harding, Chief, Complaint Center Operations, Scott.Harding@oig.dot.gov