Difference between revisions of "FAR 52.203-13 - Contractor Code of Business Ethics and Conduct"

Prescribed in 3.1004(a)

Requirements

(b)(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall—

• (i) Have a written code of business ethics and conduct; and
• (ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall—

• (i) Exercise due diligence to prevent and detect criminal conduct; and
• (ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

Mandatory Disclosure

See also FAR 52.203-13 (3) - Mandatory Disclosure (3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this 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 found in Title 18 of the United States Code; or
• (B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor’s disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization’s jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

Applicable only if contract value is expected to >$5M and the performance period is 120 days or more.