Whistleblower Protections for Contractor Employees
FAR Subpart 3.9 protects contractor employees from retaliation for reporting wrongdoing on federal contracts and requires contractors to comply with whistleblower protection procedures.
Overview
FAR Subpart 3.9 establishes whistleblower protections for contractor employees working on federal contracts. It outlines the scope, definitions, and policies that prohibit retaliation against employees who report gross mismanagement, waste, abuse of authority, or violations of law related to a federal contract. The subpart details the process for filing complaints, the remedies available, and enforcement mechanisms. It also addresses special provisions under the American Recovery and Reinvestment Act (ARRA) and prohibits the use of federal funds for entities that require employees to sign internal confidentiality agreements restricting whistleblowing. Contracting officers are required to include specific clauses in contracts to ensure compliance.
Key Rules
- Scope and Definitions
- Defines the applicability and key terms related to whistleblower protections.
- Policy and Prohibitions
- Prohibits contractors from retaliating against employees who lawfully disclose evidence of wrongdoing.
- Complaint Process
- Establishes procedures for employees to file whistleblower complaints and for agencies to investigate.
- Remedies and Enforcement
- Provides remedies for employees subjected to retaliation and outlines enforcement actions against non-compliant contractors.
- Contract Clause Requirement
- Mandates inclusion of whistleblower protection clauses in applicable contracts.
- Special Provisions (ARRA)
- Adds additional protections and procedures for contracts funded by the Recovery Act.
- Confidentiality Agreements
- Prohibits funding entities that require restrictive internal confidentiality agreements.
Responsibilities
- Contracting Officers: Must ensure inclusion of required clauses and monitor contractor compliance.
- Contractors: Must not retaliate against whistleblowers and must comply with complaint and investigation procedures.
- Agencies: Must investigate complaints, enforce remedies, and ensure compliance with whistleblower protections.
Practical Implications
- This subpart exists to encourage reporting of wrongdoing without fear of reprisal, promoting integrity in federal contracting.
- Contractors must have clear policies and training to avoid prohibited retaliation.
- Failure to comply can result in contract remedies, enforcement actions, or loss of eligibility for federal funds.