Implementer Reporting

Please note that implementers, contractors, awardees, etc. are required by law to disclose, in a timely manner, information or allegations of fraud, waste, or abuse. Failure to make required disclosures can result in the remedies described in any of the remedies described in ยง 200.338 Remedies for Non-compliance, including suspension and debarment.

Mandatory Disclosures (Grants, Cooperative Agreements) 2 CFR 200.113: The non-Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award.

ADS 303 STANDARD CLAUSE M28: Consistent with 2 CFR 200.113, applicants and recipients must disclose, in a timely manner, in writing to the USAID Office of the Inspector General with a copy to the cognizant Agreement Officer, all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Sub-recipients must do the same and additionally disclose this information to the prime recipient. Recipients must include this mandatory disclosure requirement in all sub-awards and contracts.

Reporting Requirements (Contracts and Subcontracts) FAR 52.203-13: Reporting Requirements (Contracts and Subcontracts) FAR 52.203-13: A Contractor must exercise due diligence to prevent and detect criminal conduct and promote an organizational culture that encourages ethical conduct and commitment to compliance with the law, including establishing an internal control system. Accordingly, the Contractor shall timely disclose, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with any Federal award, performance, or Government contract or subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed of a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations, or a violation of the civil False Claims Act, 31 U.S.C. 3729-3733.

Combating Trafficking in Persons (Contracts, Subcontracts, and Grantees) FAR 52.222-50: Contractors must inform the Contracting Officer and the OIG immediately of any credible information it receives from any source that alleges any employee, subcontractor, or subcontractor employee has engaged in severe forms of trafficking in persons, procured commercial sex acts, or used forced labor in the performance of the contract.