52.209-7 Information Regarding Responsibility Matters
Source: FAR 52.209-7 on acquisition.gov
Offerors with over $10 million in active Federal contracts or grants must accurately disclose recent responsibility matters in FAPIIS and certify this information as part of their offer.
Overview
FAR 52.209-7 requires offerors with current, active Federal contracts and grants totaling more than $10 million to disclose certain responsibility matters as part of their offer. This provision ensures that contracting officers have access to accurate, up-to-date information about an offeror’s integrity and business ethics, specifically regarding criminal, civil, or administrative proceedings related to Federal contracts or grants. Offerors must certify the accuracy of their disclosures in the Federal Awardee Performance and Integrity Information System (FAPIIS) and maintain this information through their System for Award Management (SAM) registration.
Key Rules
- Applicability
- Applies to offerors with active Federal contracts and grants exceeding $10 million in total value.
- Disclosure Requirement
- Offerors must disclose, via FAPIIS, any relevant criminal, civil, or administrative proceedings involving themselves or their principals within the last five years, if such proceedings resulted in specified adverse outcomes (e.g., convictions, fines, or settlements with acknowledgment of fault).
- Certification
- Offerors must certify that their FAPIIS entries are current, accurate, and complete at the time of offer submission.
- Ongoing Reporting
- Information must be posted and maintained in FAPIIS as part of the offeror’s active SAM registration.
Responsibilities
- Contracting Officers: Must ensure offerors comply with disclosure and certification requirements before award.
- Contractors/Offerors: Must accurately report and certify responsibility matters in FAPIIS and maintain active SAM registration.
- Agencies: Oversee compliance and use FAPIIS data in responsibility determinations.
Practical Implications
- This provision promotes transparency and helps agencies assess contractor integrity and business ethics.
- Failure to disclose or certify accurately can result in ineligibility for award or other penalties.
- Contractors must have robust internal processes to track and report relevant proceedings and maintain up-to-date FAPIIS records.
As prescribed at 9.104-7(b), insert the following provision:
Information Regarding Responsibility Matters (Oct 2018)
(a) Definitions. As used in this provision—
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means—
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in–
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov" target="_blank">https://www.sam.gov (see 52.204-7).
(End of provision)