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A Terrible Trap
Buried deep inside the Federal Acquisition Regulations (“FAR,” 48 C.F.R. (2013)) is a relatively new mandatory disclosure rule that continues to trip up the white-collar defense bar and result in embarrassing legal injury. Since its promulgation in late 2008, the rule has been the subject of much discussion and hand-wringing among the government contracting bar, but precious little discussion, much less cautionary warning, among the white-collar bar.
It has been ignored at great peril, given that failure to disclose can result in suspension and debarment from government contracting. And no fewer than 78 of the Fortune 100 companies engage in government contracting at some level.
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