Key Statutes and Regulations

Contractor Code of Business Ethics and Conduct

Requirements

• Requires Bold texttimelydisclosure ...when credible evidence of a violation of Federal criminal law involving fraud, COI, bribery, or gratuity violations or a violation of FCA and there are overpayments to the contractor.
• Contractor needs to establish Business Ethics and Compliance Program
• Internal Controls to prevent and detect violations of Federal rules and regulations
• Disclosures to Agency Inspector General (IG) with a copy to Contracting Officer (CO)

Applies To

• Federal Contracts greater than %5 million and greater than 120 days in duration awarded after December 12, 2008

Penalties for NonCompliance

• Suspension and Debarment for "knowing failure to make required disclosures

Related Pages

FAR 52.203-13 - Contractor Code of Business Ethics and Conduct

FAR 52.203-13 (3) - Mandatory Disclosure

False Statements Act (FSA)

• Willfully and knowingly make a false, fictitious or fraudulent statement concerning a matter within the jurisdiction of the US
• "Statements" includes both oral and written, whether sworn or unsworn - including signatures
• Need not be made direct to US Government, need only to affect some aspect of an agency's function
• Prohibits falsifying, concealing, or covering up a material fact for which a duty to disclose existed, by means of some trick, scheme, or device.

False Claims Act (FCA)

Summary/Overview

• False, fictitious or fraudulent claim asserted against the U.S. Government with knowledge of falsity.
• Submission of a claim to a private entity with knowledge that the claim will be presented to the Government may trigger liability
• False record or statement knowingly made, used, or caused, to get a false or fraudulent claim paid or approved
• Conspiracy to defraud the Government by getting a false or fraudulent claim allowed or paid
• Knowing use of a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the US Government

Related Pages

False Claims Act

Fraud Enforcement and Recovery Act (FERA)

This Act Expanded the False Claims act to:

• Expanded liability to virtually every recipient of federal funding (contractors, subcontractors, etc.)
• Expanded the protection of whistle blowers (not just employees, but contractors, competitors, etc.)
• Allows whistle blowers access to information gained from Government subpoenas
• Expands the statute of limitations for FCA actions, specifying that Government complaints "related back" to earlier whistle blower complaints.