ETHICS & INTEGRITYFAR Part 3 (Improper Business Practices and Personal Conflicts of Interest)

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

Official federal procurement regulation analysis, contractor performance obligations, and risk mitigation strategies for small businesses.

REGULATORY CONTEXT

What It Means in Plain English

Official Acquisition.gov Text ↗

Requires federal contractors on contracts exceeding $6.0 million with a performance period of 120 days or more to maintain a written code of business ethics, an ongoing ethics awareness program, and an internal control system, with mandatory disclosure of credible violations to agency OIG.

Where This Clause Appears in Federal RFPs:

Mandatory in contracts and subcontracts expected to exceed $6,000,000 with a performance period of 120 days or more (except commercial item contracts under FAR Part 12).

Mandatory Statutory Requirements

  • Written Code of Ethics: Must have a formal code of ethics copy provided to every employee within 30 days of contract award.
  • Mandatory Disclosure: Contractors MUST timely disclose in writing to the agency Office of Inspector General (OIG) whenever they have credible evidence of False Claims Act violations or federal criminal law violations.
  • Small Business Exemption: Small business contractors are exempt from formal ethics awareness training and internal control systems, BUT ARE NOT EXEMPT from the mandatory disclosure rule.

Contractor Compliance Obligations

  • Prominently display agency OIG fraud hotline posters on job sites and employee portals.
  • Establish an internal reporting mechanism where employees can report suspected fraud or retaliation confidentially.
⚠️ Audit Trap & High-Risk Pitfall

Knowing about an erroneous overpayment from the federal government and failing to report and refund it triggers mandatory disclosure violations and debarment.

Frequently Asked Questions About FAR 52.203-13

Are small businesses exempt from FAR 52.203-13?

Small businesses are exempt only from the formal employee training programs and internal control system requirements, but remain 100% subject to the mandatory disclosure requirement to report credible evidence of fraud or overpayment.

Related Procurement Clauses

FAR 52.219-14

Limitations on Subcontracting (The 50% Rule)

When a small business wins a set-aside contract, it cannot simply broker the deal to a large business or non-qualified subcontractor. The prime contractor (and its similarly situated small business teammates) must perform at least a specified minimum percentage of the contract value or labor cost.

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DFARS 252.204-7012

Safeguarding Covered Defense Information & Cyber Incident Reporting (CMMC / NIST 800-171)

Requires all Department of Defense contractors and subcontractors handling Covered Defense Information (CDI) or Controlled Unclassified Information (CUI) to provide 'adequate security' by implementing the 110 security controls of NIST SP 800-171, record a score in SPRS, and report cyber incidents within 72 hours.

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FAR 52.204-27

Prohibition on a ByteDance Covered Application (TikTok Federal Ban)

Strictly bans the presence or use of TikTok or any application developed or provided by ByteDance Limited on any information technology used by contractors in the performance of federal contracts, including personal devices used under BYOD policies.

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