Difference between revisions of "FAR 52.203-13 - Contractor Code of Business Ethics and Conduct"
Line 2: | Line 2: | ||
|EffectiveDate=2010/01/04 | |EffectiveDate=2010/01/04 | ||
|ClauseorProvision=Clause | |ClauseorProvision=Clause | ||
− | | | + | |PurposeofContractCTI=Construction, Service, Research & Development, Supply |
+ | |TypeofContract=Cost - Reimbursement, Fixed Price | ||
|Prescribedin=3.1004(a) | |Prescribedin=3.1004(a) | ||
− | |TypePurposeContract= | + | |TypePurposeContract=Time and Materials/Labor Hour -A; Leasing of Motor Vehicles -A; Communication Services -A; Dismantling, Demolition, or Removal of Improvements -A; Architect-Engineering -A; Facilities -A; Indefinite Delivery -A; Transportation -A; Utility Services -A |
− | + | ||
|ContractThreshold=>5M | |ContractThreshold=>5M | ||
− | |FARClauseOverview===Requirements== | + | |PrescriptionOverview='''(a)''' Insert the clause at FAR 52.203-13, Contractor Code of Business Ethics and Conduct, in solicitations and contracts if the value of the contract is expected to exceed $5,000,000 and the performance period is 120 days or more. |
− | (b)(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall— | + | |
+ | |||
+ | '''(b)''' | ||
+ | *(1) Unless the contract is for the acquisition of a commercial item or will be performed entirely outside the United States, insert the clause at FAR 52.203-14, Display of Hotline Poster(s), if— | ||
+ | **(i) The contract exceeds $5,000,000 or a lesser amount established by the agency; and | ||
+ | **(ii)(A) The agency has a fraud hotline poster; or | ||
+ | ***(B) The contract is funded with disaster assistance funds. | ||
+ | *(2) In paragraph (b)(3) of the clause, the contracting officer shall— | ||
+ | **(i) Identify the applicable posters; and | ||
+ | **(ii) Insert the website link(s) or other contact information for obtaining the agency and/or Department of Homeland Security poster. | ||
+ | *(3) In paragraph (d) of the clause, if the agency has established policies and procedures for display of the OIG fraud hotline poster at a lesser amount, the contracting officer shall replace “$5,000,000” with the lesser amount that the agency has established. | ||
+ | |||
+ | |FARClauseOverview===(a) Definitions== | ||
+ | As used in this clause— | ||
+ | |||
+ | '''“Agent”''' means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization. | ||
+ | |||
+ | '''“Full cooperation”'''— | ||
+ | *(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors’ and investigators' request for documents and access to employees with information; | ||
+ | *(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require— | ||
+ | **(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or | ||
+ | **(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and | ||
+ | *(3) Does not restrict a Contractor from— | ||
+ | **(i) Conducting an internal investigation; or | ||
+ | **(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation. | ||
+ | |||
+ | '''“Principal”''' means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). | ||
+ | |||
+ | '''“Subcontract”''' means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. | ||
+ | |||
+ | '''“Subcontractor”''' means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor. | ||
+ | |||
+ | '''“United States,”''' means the 50 States, the District of Columbia, and outlying areas. | ||
+ | |||
+ | |||
+ | ==Requirements== | ||
+ | ===(b) Code of Business Ethics and Conduct=== | ||
+ | (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 | *(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. | *(ii) Make a copy of the code available to each employee engaged in performance of the contract. | ||
Line 26: | Line 63: | ||
(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. | (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. | ||
− | |ImportantNotesRequirements=Applicable only if '''contract value is expected to >$5M''' and the '''performance period is 120 days or more.''' | + | |ImportantNotesRequirements=Insert the clause as applicable for cost and fixed price type contracts |
+ | |||
+ | Applicable only if '''contract value is expected to >$5M''' and the '''performance period is 120 days or more.''' | ||
See [[FAR 52.203-13 (3) - Mandatory Disclosure]] | See [[FAR 52.203-13 (3) - Mandatory Disclosure]] | ||
Line 35: | Line 74: | ||
|UniformContractFormat=I | |UniformContractFormat=I | ||
|Editor=Marshall | |Editor=Marshall | ||
+ | |ProvisionClauseNumberAlternate=52.203-13 | ||
+ | |ProvisionClauseDescription=- | ||
|Checked=no | |Checked=no | ||
|HasTermDate=2014/03/25 | |HasTermDate=2014/03/25 | ||
Line 44: | Line 85: | ||
|FlowClauses="YES, if in prime and performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.YES, if in prime and performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.YES, if in prime and performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer." | |FlowClauses="YES, if in prime and performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.YES, if in prime and performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.YES, if in prime and performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer." | ||
}} | }} | ||
− |
Revision as of 06:50, 5 July 2014
Prescribed in 3.1004(a) | ||
Effective Date: | 4 January 2010 | |
Clause or Provision: | Clause | |
Provision or Clause Number: | 52.203-13 - Contractor Code of Business Ethics and Conduct | |
Principle Type And/Or Purpose of Contract: | ||
Required: | ||
Applicable: | Time and Materials/Labor Hour; Leasing of Motor Vehicles; Communication Services; Dismantling, Demolition, or Removal of Improvements; Architect-Engineering; Facilities; Indefinite Delivery; Transportation; Utility Services; | |
Optional: | ||
Subject: | ||
ProcurementType: | ||
Contract Threshold: | >5M | |
Prescription Overview: |
(a) Insert the clause at FAR 52.203-13, Contractor Code of Business Ethics and Conduct, in solicitations and contracts if the value of the contract is expected to exceed $5,000,000 and the performance period is 120 days or more.
| |
Clause Overview: |
(a) DefinitionsAs used in this clause— “Agent” means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization. “Full cooperation”—
“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). “Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. “Subcontractor” means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor. “United States,” means the 50 States, the District of Columbia, and outlying areas.
Requirements(b) Code of Business Ethics and Conduct(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall—
(2) The Contractor shall—
Timely (Mandatory) DisclosureSee 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—
(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. | |
Important Notes/Requirements: |
Insert the clause as applicable for cost and fixed price type contracts Applicable only if contract value is expected to >$5M and the performance period is 120 days or more. | |
Subcontract Threshold: | >5M | |
Incorporated by Reference: | Yes | |
Uniform Contract Format: | I | |
Editor: | Marshall |
Personal notes.