SmallGovCon: No Pay, No Need to Say: GAO Clarifies What Judgments and Settlements Require Disclosure under FAR 52.209-7

“Representations and certifications are an integral part of the requirements for any solicitation. While each solicitation may require different representations and certifications, what precisely is required for a given representation or certification is generally governed by the FAR. One of the more common requirements is that an offeror provide information to the Federal Awardee Performance and Integrity Information System (FAPIIS) regarding its current federal awards and recent judgments against it concerning federal procurements that result in payment by the offeror, and this is governed by FAR 52.209-7. Recently, GAO addressed the question of just what recent judgments must be disclosed under that FAR rule. In this post, we will explore their decision.”

“GAO issued the decision in question on May 26, 2022, for The Logistics Company, Inc., B-419932.3. On January 8, 2020, the Army issued a request for proposals (RFP) for logistics readiness center maintenance, supply, and transportation requirements. This RFP included FAR 52.209-7. 14 offerors submitted proposals for the award on July 30, 2020 seeking award. The Army eventually awarded Vanquish Worldwide, LLC (Vanquish) the contract. The Logistics Company, Inc. (TLC), another offeror, protested this award and alleged that Vanquish had made false certifications by failing to disclose multiple outstanding civil judgments. The Army initially took corrective action, reviewed the matter more fully, and concluded Vanquish did not make false certifications. The Army then re-awarded the contract to Vanquish, and TLC again filed a protest on the same grounds as before…” Read the full article here.

Source: No Pay, No Need to Say: GAO Clarifies What Judgments and Settlements Require Disclosure under FAR 52.209-7 – By John Holtz, June 15, 2022. SmallGovCon.

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