3.900 Scope of subpart
Source: FAR 3.900 on acquisition.gov
FAR 3.900 clarifies which whistleblower protection statutes apply to federal contracts, specifying key exclusions for certain agencies and intelligence community elements.
Overview
FAR 3.900 defines the scope of Subpart 3.9, which implements statutory whistleblower protections for contractor employees. It clarifies which statutes are covered, which agencies and contracts are included or excluded, and references the specific sections that implement each law. The subpart does not implement 10 U.S.C. 4701 (which applies only to DoD, NASA, and the Coast Guard), and specifically excludes certain intelligence community contracts and disclosures from coverage. It also identifies the applicability of whistleblower protections under the American Recovery and Reinvestment Act and annual appropriations acts.
Key Rules
- Statutory Coverage
- Implements whistleblower protections under 41 U.S.C. 4712, Section 743 of Division E, Title VII of the Consolidated and Further Continuing Appropriations Act, and Section 1553 of the American Recovery and Reinvestment Act.
- Agency and Contract Exclusions
- Excludes DoD, NASA, Coast Guard, and intelligence community elements from certain whistleblower protections.
- Special Applicability
- Applies specific whistleblower protections to contracts funded by the American Recovery and Reinvestment Act and to all agencies under certain appropriations acts.
Responsibilities
- Contracting Officers: Must determine which whistleblower protections apply to their contracts and ensure proper implementation.
- Contractors: Need to understand which whistleblower statutes apply to their contracts and comply with relevant requirements.
- Agencies: Must oversee compliance and ensure appropriate protections are in place for covered contracts.
Practical Implications
- This section helps contracting professionals identify which whistleblower protections apply to their contracts, avoiding misapplication or omission of required protections. It is crucial for compliance, especially when working with multiple agencies or funding sources. Common pitfalls include failing to recognize exclusions for certain agencies or intelligence community contracts.
This subpart implements various statutory whistleblower programs. This subpart does not implement https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4701&num=0&edition=prelim" target="_blank">10 U.S.C. 4701, which is applicable only to DoD, NASA, and the Coast Guard.
(a) https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim" target="_blank">41 U.S.C. 4712 is implemented in 3.900 through 3.906. These sections do not apply to—
(1) DoD, NASA, and the Coast Guard; or
(2) Any element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim" target="_blank">50 U.S.C. 3003(4)). Sections 3.900 through 3.906 do not apply to any disclosure made by an employee of a contractor or subcontractor of an element of the intelligence community if such disclosure—
(i) Relates to an activity of an element of the intelligence community; or
(ii) Was discovered during contract or subcontract services provided to an element of the intelligence community.
(b) Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (https://www.govinfo.gov/link/plaw/113/public/235" target="_blank">Pub. L. 113–235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), is implemented in 3.909, which is applicable to all agencies.
(c) Section 3.907 of this subpart implements section 1553 of the American Recovery and Reinvestment Act of 2009 (https://www.govinfo.gov/link/plaw/111/public/5" target="_blank">Pub. L. 111–5), and applies to all contracts funded in whole or in part by that Act.