52.203-14 Display of Hotline Poster(s)
Source: FAR 52.203-14 on acquisition.gov
Contractors must display specified fraud hotline posters at U.S. worksites and on company websites, unless they have an internal ethics program, and must flow down this requirement to certain subcontracts.
Overview
FAR 52.203-14 requires contractors performing work in the United States to display agency fraud hotline posters in common work areas and on company websites, unless they have an internal ethics and reporting program. The clause also mandates flow-down of these requirements to certain subcontracts, with exceptions for commercial products/services and work performed entirely outside the U.S.
Key Rules
- Display of Hotline Posters
- Contractors must prominently display specified agency or DHS fraud hotline posters in common work areas and at contract work sites in the U.S.
- Electronic Posting
- If the contractor has a company website for employee information, electronic versions of the posters must also be displayed online.
- Poster Source
- The Contracting Officer will specify which posters are required and where to obtain them.
- Exception for Internal Programs
- Contractors with an internal ethics and reporting program are exempt from displaying agency posters, except for any required DHS posters.
- Subcontractor Flow-Down
- The clause must be included in subcontracts above the FAR 3.1004(b)(1) threshold, except for commercial products/services or work performed outside the U.S.
Responsibilities
- Contracting Officers: Specify required posters and sources; ensure clause is included in applicable contracts.
- Contractors: Display posters as required, maintain electronic postings if applicable, and flow down the clause to eligible subcontracts.
- Agencies: Oversee compliance and provide poster information.
Practical Implications
- This clause promotes awareness and reporting of fraud, waste, and abuse in government contracts.
- Contractors must ensure physical and electronic compliance, and properly flow down requirements to eligible subcontractors.
- Common pitfalls include failing to display posters, omitting electronic postings, or not including the clause in required subcontracts.
As prescribed in 3.1004(b), insert the following clause:
Display of Hotline Poster(s) (Nov 2021)
(a) Definition.
United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—
(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites-
(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and
(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.
(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.
(3) Any required posters may be obtained as follows:
| Poster(s) | Obtain from |
|---|---|
|
______________ |
_________________ |
|
______________ |
_________________ |
(Contracting Officer shall insert—
(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and
(ii) The website(s) or other contact information for obtaining the poster(s).)
(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract—
(1) Is for the acquisition of a commercial product or commercial service; or
(2) Is performed entirely outside the United States.
(End of clause)