3.904-1
Procedures for filing complaints
Employees of contractors or subcontractors who believe they have faced retaliation for whistleblowing must file complaints with the agency Inspector General within three years of the alleged reprisal.
Overview
FAR 3.904-1 outlines the procedures for contractor or subcontractor employees to file complaints if they believe they have faced reprisal (such as discharge, demotion, or discrimination) for engaging in protected activities under FAR 3.903. Employees may submit complaints to the Inspector General (IG) of the relevant agency. The regulation directs complainants to agency Office of Inspector General hotlines or whistleblower websites for submission instructions, or to contact the IG directly. Importantly, complaints must be filed within three years of the alleged retaliatory action. This process is designed to protect whistleblowers and ensure agencies address allegations of reprisal in government contracting environments.
Key Rules
- Who May File
- Contractor or subcontractor employees who believe they have suffered reprisal for protected activities.
- Where to File
- Complaints must be submitted to the Inspector General of the agency concerned, using agency hotlines, websites, or direct contact.
- Time Limit
- Complaints must be filed within three years of the alleged reprisal.
Responsibilities
- Contracting Officers: Should be aware of the process and support compliance but are not directly involved in complaint filing.
- Contractors: Must not retaliate against employees for protected activities and should inform employees of their rights.
- Employees: Must file complaints with the appropriate IG within the specified timeframe.
- Agencies: Must provide accessible complaint procedures and respond to submissions.
Practical Implications
- This section ensures whistleblower protections are actionable and accessible.
- Contractors should foster a culture of compliance and non-retaliation.
- Employees must act promptly to preserve their rights.
- Failure to comply can result in investigations, penalties, or loss of contract eligibility.