252.237-7026 — Postaward Transparency Requirements for Firms that Support Department of Defense Audits.
Researched by the BidStride Research Team
What This Clause Requires
DFARS 252.237-7026 — Postaward Transparency Requirements for Firms that Support Department of Defense Audits.. This clause is part of the Defense Federal Acquisition Regulation Supplement and applies specifically to Department of Defense contracts.
Official Regulation Text
252.237-7026 Postaward Transparency Requirements for Firms that Support Department of Defense Audits. As prescribed in 237.270(e)(4), use the following clause: Postaward Transparency Requirements for Firms That Support Department of Defense Audits (OCT 2022) (a) Prior to each contract action under this contract (including renewal or modification), the Contractor shall disclose the details of any disciplinary proceedings, with respect to the firm and/or its principals or employees, before an entity with the authority to enforce compliance with rules or laws applying to audit services or audit remediation services offered by the Contractor, and whether there has been any change with regard to previously reported proceedings since the last contract action. (b) The disclosure shall, at a minimum, include— (1) The entity hearing the case; (2) The case or file number; and (3) A brief description of the allegation or conduct at issue and, if fully adjudicated or settled, a brief description of the outcome. (c) The Government will safeguard and treat as confidential all statements provided pursuant to this clause where the statement has been marked “confidential” or “proprietary” by the Contractor. Statements so marked will not be released by the Government to the public pursuant to a request under the Freedom of Information Act, 5 U.S.C. 552, without prior notification to the Contractor and opportunity for the Contractor to claim an exemption from release. The Government will treat any statement provided pursuant to this clause as confidential to the extent required by any other applicable law. (End of clause) [87 FR 65502, Oct. 28, 2022]
Compliance Checklist
- As prescribed in 237.270(e)(4), use the following clause: Postaward Transparency Requirements for Firms That Support Department of Defense Audits (OCT 2022) (a) Prior to each contract action under this contract (including renewal or modification), the Contractor shall disclose the details of any disciplinary proceedings, with respect to the firm and/or its principals or employees, before an entity with the authority to enforce compliance with rules or laws applying to audit services or audit remediation services offered by the Contractor, and whether there has been any change with regard to previously reported proceedings since the last contract action.
- (b) The disclosure shall, at a minimum, include— (1) The entity hearing the case; (2) The case or file number; and (3) A brief description of the allegation or conduct at issue and, if fully adjudicated or settled, a brief description of the outcome.
- The Government will treat any statement provided pursuant to this clause as confidential to the extent required by any other applicable law.
Flow-Down to Subcontractors
No flow-down required
This clause applies only to the prime contract and does not need to be flowed down to subcontractors.
Frequently Asked Questions
DFARS 252.237-7026 (Postaward Transparency Requirements for Firms that Support Department of Defense Audits.) is a Defense Federal Acquisition Regulation Supplement clause applicable to Department of Defense contracts.
DFARS 252.237-7026 is typically required in DoD contracts when the contracting officer determines it's applicable. Check Section I of your solicitation.
Flow-down requirements vary. Review the specific clause text for subcontractor applicability provisions.
This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.