3.901 Definitions
Source: FAR 3.901 on acquisition.gov
FAR 3.901 defines critical terms for whistleblower protections, ensuring all parties interpret and apply Subpart 3.9 requirements consistently.
Overview
FAR 3.901 provides definitions for key terms used throughout Subpart 3.9, which addresses whistleblower protections for contractor employees. Understanding these definitions is essential for interpreting the requirements and obligations related to whistleblower protections, reporting, and confidentiality within government contracts. The section clarifies what constitutes abuse of authority, who qualifies as an authorized official of the Department of Justice or Inspector General, and the scope of internal confidentiality agreements, subcontracts, and subcontractors. These definitions ensure all parties have a common understanding of terms critical to compliance and enforcement under whistleblower protection rules.
Key Rules
- Abuse of Authority
- Defined as arbitrary or capricious use of power inconsistent with agency mission or contract performance.
- Authorized Official of the Department of Justice
- Includes any DOJ personnel responsible for law enforcement or prosecution.
- Inspector General
- Refers to officials appointed under federal law with oversight over agency contracts, with a specific exception for section 3.907.
- Internal Confidentiality Agreement or Statement
- Excludes agreements from civil litigation or those required by federal agencies; focuses on those imposed by contractors on employees or subcontractors.
- Subcontract and Subcontractor
- Broadly defines these terms to include all suppliers and service providers under a prime contract, including consultants and purchase orders.
Responsibilities
- Contracting Officers: Ensure contract language and enforcement align with these definitions.
- Contractors: Apply these definitions when developing policies, agreements, and compliance programs related to whistleblower protections.
- Agencies: Use these definitions for oversight, investigations, and enforcement actions.
Practical Implications
- These definitions underpin compliance with whistleblower protection requirements.
- Misunderstanding or misapplying these terms can lead to noncompliance or enforcement actions.
- Contractors should review internal policies and agreements to ensure alignment with these definitions, especially regarding confidentiality and subcontracting.
As used in this subpart-
Abuse of authority means an arbitrary and capricious exercise of authority that is inconsistent with the mission of the executive agency concerned or the successful performance of a contract of such agency.
Authorized official of the Department of Justice means any person responsible for the investigation, enforcement, or prosecution of any law or regulation.
Inspector General means an Inspector General appointed under chapter 4 of title 5 of the United States Code and any Inspector General that receives funding from, or has oversight over contracts awarded for, or on behalf of, the executive agency concerned. This definition does not apply to 3.907.
Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.
Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.