FAR Mandatory Disclosure Obligations: Practical Guidance for Practitioners

Your compliance program is working - you've provided training and established mechanisms for employees and your contracting partners to report misconduct. You've received a report of potential misconduct relating to the performance of one of your Federal contracts. What are your contractual obligations? Is FAR 52.203-13 in your contract? Do you have a disclosure obligation under that clause and, if you do not, do you still have a disclosure obligation? How should you approach making a disclosure, and what are the ramifications if you do not disclose covered misconduct?

Unlike the commercial market, Federal contractors are subject to a variety of laws and regulations that require affirmative disclosure by the contractor to agency enforcement arms, like the agency Office of Inspector General, of various types of suspected misconduct. In this program, attorneys Kara Sacilotto and Craig Smith discuss disclosure obligations under the FAR. This course focuses on understanding the FAR mandatory disclosure obligation, primarily under FAR 52.203-13; best practices for making a disclosure; disclosure obligations under other Federal laws and regulations; the benefits of the disclosure; and the potential ramifications of failing to make a disclosure. Attorneys will also learn practical tips for navigating the disclosure process.

Learning Objectives:

1. Review disclosure obligations under the FAR mandatory disclosure rule

2. Prepare a disclosure that demonstrates that the contractor's ethics and compliance program is working

3. Identify disclosure obligations under other FAR provisions

4. Discuss the benefits of making a disclosure and the potential negative consequences of failing to make one