When do Issues with Non-Disclosure become problematic?
Occasional issues with an undisclosed item in an application is not an automatic bar to Certification. DCAMM affords all applicants an opportunity to explain the reason for the failure to disclose requested information and to update the response.
However, multiple instances of non-disclosure can result in either a lapse in certification due to the time needed to cure the deficiency or an outright denial of your application.
Non-disclosure includes both incomplete answers and omissions of information.
Common examples of non-disclosure include:
- Failure to disclose OSHA violations
- Failure to disclose relevant affiliations
- Failure to fully respond to legal/general performance questions with specific details and dates
- Failure to disclose pending matters or matters on appeal
- Failure to disclose previously disclosed matters that are still within the lookback period
How to avoid lapses and denials based on non-disclosure?
Review the Application questions every year and update your responses as necessary.
This seems obvious, but applicants must be careful not to simply cut and paste responses from a previous application to ensure all questions are being responded to appropriately. Applications are signed under the pains and penalties of perjury, so it is imperative that you carefully review your responses to all questions each year for accuracy and update prior responses as necessary.
Can an administrative person complete the application?
It is permissible for administrative personnel to assist with inputting the responses to the application questions and attaching the relevant documents, but a person listed on your Authorized Signatory document must review the application for accuracy and sign the application before submission. If DCAMM determines that there were matters that should have been disclosed in the application but were not, it is not a defense that the person who prepared the application was new or did not know the correct response.
What should be disclosed?
The golden rule is when in doubt, you should disclose. It is always better to over-disclose. If you fail to disclose a relevant matter and DCAMM becomes aware of it, it can cast doubt on the rest of the responses in your application, which could result in a delay in certification or a denial.
Does the lookback period apply to your responses?
Yes, the lookback period applies to your responses. The lookback period for Prime Applications is five years. The lookback period for Filed Sub-Bidder applications is three years. All responsive matters within the applicable lookback period must be disclosed.
If I reported something in last year’s application, do I need to report it again this year?
Yes. If the matter falls within the lookback period, you need to report it each and every year until it falls beyond the lookback period and no longer has to be disclosed.
What about legal/administrative proceedings – do you disclose ongoing actions or concluded actions?
You must disclose both. All ongoing matters and all concluded matters within the appropriate lookback period should be included in your response. This includes any Denials or Decertifications by DCAMM. For concluded matters you must specifically disclose the outcome. Was it dismissed, settled or was there a judgment? The dollar amounts of all judgments and penalties must also be disclosed. All federal matters must be disclosed. Regarding state actions, you may limit your responses to actions within the New England states, New York and New Jersey.
What details should be reported?
For all relevant matters, provide a written, detailed explanation, including the nature and basis of the claim. Where a specific project is relevant, please include the project details and the awarding authority or project owner. For legal matters/administrative proceedings, include the title of the action, name of the court or administrative agency, when the action commenced and when it concluded if applicable. All fines and judgments must be specifically disclosed. If applicants run out of room to make full disclosure in the space allotted, Applicants are free to attach more details by uploading additional documents to the Supplemental section of the application.
No applicant is too big to disclose with specificity. Broad, general responses are not acceptable. Failure to respond with specificity could result in a delay in the approval of your application, which could result in a lapse in your Certification.