What is the Contractor Disclosure Program for Defense Contractors?

What is the Contractor Disclosure Program for Defense Contractors?

Under the Contractor Code of Business Ethics and Conduct contractors are required to timely disclose in writing, credible evidence of certain violations of Federal criminal law or the civil False Claims Act.

The Contractor Code of Business Ethics and Conduct

The Contractor Code reads in pertinent part, “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).”

The Contractor Disclosure Program

The contractor’s submission of disclosures is known as the Contractor Disclosure Program within the Department of Defense (DOD). The Contractor Disclosure Program replaces its predecessor the DOD’s Voluntary Disclosure Program, which the DOD implemented in 1986 in an effort to encourage self-policing and voluntary disclosure of procurement-related problems.

The DOD Office of Inspector General states that the Contractor Disclosure Program:

  • Affords contractors a means of reporting certain violations of criminal law and violations of the civil False Claims Act discovered during self-policing activities;
  • Provides a framework for government verification of the matters disclosed;
  • Provides an additional means for a coordinated evaluation of administrative, civil, and criminal actions appropriate to the situation.
  • Under this program, Defense contractors may also report suspected counterfeit parts or non-conforming parts through the submission of a contractor disclosure.

Contractors are also required to disclose credible evidence of “significant overpayments.” Under the Contractor Disclosure Program, failure to timely report credible evidence of significant overpayments is cause to suspend or debar the contractor.

Contractors are to make disclosures to the respective Office of Inspector General for the agency or department that is party to the contract. The disclosure form may be emailed, mailed, or hand-delivered to the appropriate OIG’s office.

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