To disclose or not to disclose-that is not the only question.
The Mandatory Disclosure Rule can be challenging for government contractors to work with, and common methods of analyzing disclosure obligations cause contractors to miss potentially significant risks to their enterprise. The requirement to timely disclose credible evidence of a Federal criminal law involving fraud, conflict of interests, bribery or gratuity violations, violations of the civil False Claims Act, or significant overpayments on federal government contracts can be challenging to interpret. The terms “timely disclose,” “credible evidence,” and “significant overpayments” are not defined in the rule, and no authoritative guidance is available about their meaning or their interpretations. As a result, contractors spend significant time and money assessing whether – and when – a disclosure is required, and then crafting their disclosures to help explain their analysis.