3.903 Policy
Source: FAR 3.903 on acquisition.gov
Contractors and subcontractors must not retaliate against employees who report suspected wrongdoing related to federal contracts to designated authorities.
Overview
FAR 3.903 establishes the policy that protects contractor and subcontractor employees from reprisal when they disclose certain types of wrongdoing related to federal contracts. The regulation prohibits employers from discharging, demoting, or discriminating against employees who report evidence of gross mismanagement, waste, abuse of authority, dangers to public health or safety, or violations of law related to federal contracts. Disclosures are protected when made to specified government entities, including Congress, Inspectors General, the GAO, law enforcement, courts, or responsible officials within the contractor’s organization. Even if an executive branch official requests a reprisal, it is only permissible if it is a non-discretionary directive within their authority. Employees involved in judicial or administrative proceedings about contractor misconduct are also protected as whistleblowers under this policy.
Key Rules
- Prohibition of Reprisal
- Contractors and subcontractors cannot retaliate against employees for protected disclosures related to federal contracts.
- Scope of Protected Disclosures
- Covers disclosures about mismanagement, waste, abuse of authority, public safety dangers, or legal/regulatory violations.
- Permitted Recipients of Disclosures
- Disclosures must be made to specified entities, including Congress, Inspectors General, GAO, law enforcement, courts, or responsible contractor officials.
- Judicial/Administrative Proceedings
- Employees participating in proceedings about contractor misconduct are deemed to have made a protected disclosure.
Responsibilities
- Contracting Officers: Ensure contractors are aware of whistleblower protections and monitor compliance.
- Contractors: Must not retaliate against employees for protected disclosures and must inform employees of their rights.
- Agencies: Oversee contractor compliance and investigate allegations of reprisal.
Practical Implications
- This policy exists to encourage reporting of wrongdoing without fear of retaliation, supporting integrity in federal contracting.
- Contractors must have procedures to prevent and address retaliation claims.
- Failure to comply can result in investigations, penalties, or contract actions.
(a)
(1) Contractors and subcontractors are prohibited from discharging, demoting, or otherwise discriminating against an employee as a reprisal for disclosing, to any of the entities listed at paragraph (b) of this section, information that the employee reasonably believes is—
(i) Evidence of gross mismanagement of a Federal contract;
(ii) A gross waste of Federal funds;
(iii) An abuse of authority relating to a Federal contract;
(iv) A substantial and specific danger to public health or safety; or
(v) A violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract).
(2) A reprisal is prohibited even if it is undertaken at the request of an executive branch official, unless the request takes the form of a non-discretionary directive and is within the authority of the executive branch official making the request.
(b) Disclosure may be made to the following entities:
(1) A Member of Congress or a representative of a committee of Congress.
(2) An Inspector General.
(3) The Government Accountability Office.
(4) A Federal employee responsible for contract oversight or management at the relevant agency.
(5) An authorized official of the Department of Justice or other law enforcement agency.
(6) A court or grand jury.
(7) A management official or other employee of the contractor or subcontractor who has the responsibility to investigate, discover, or address misconduct.
(c) An employee who initiates or provides evidence of contractor or subcontractor misconduct in any judicial or administrative proceeding relating to waste, fraud, or abuse on a Federal contract shall be deemed to have made a disclosure.