3.904-2 Procedures for investigating complaints
Source: FAR 3.904-2 on acquisition.gov
FAR 3.904-2 ensures that all parties involved in a whistleblower complaint are informed of investigation findings and given a fair opportunity to respond before agency action is taken.
Overview
FAR 3.904-2 outlines the procedures for investigating complaints related to contractor or subcontractor violations under 41 U.S.C. 4712(b), which addresses whistleblower protections. The section details the steps agencies must follow when a complaint is filed, including the investigation process, reporting of findings, and opportunities for involved parties to respond. The regulation ensures transparency and due process for both complainants and accused contractors or subcontractors.
Key Rules
- Investigation Process
- Investigations must follow the procedures set forth in 41 U.S.C. 4712(b).
- Reporting Findings
- After the investigation, the Inspector General must provide the report of findings to the agency head, the complainant (and their representative), and the accused contractor or subcontractor.
- Opportunity to Respond
- The complainant and the contractor/subcontractor have the right to submit a written response to the report. This response must be submitted in a timely manner to allow the agency head to act within 30 days of receiving the report.
Responsibilities
- Contracting Officers: Ensure proper procedures are followed and parties are notified.
- Contractors/Subcontractors: Respond promptly to findings if accused.
- Agencies: Oversee investigations, distribute findings, and allow for responses within required timeframes.
Practical Implications
- This section ensures fairness and due process in handling whistleblower complaints.
- Contractors must be prepared to respond quickly to findings.
- Agencies must adhere to strict timelines to avoid procedural violations.
- Failure to follow these procedures can result in legal or contractual consequences.
(a) Investigation of complaints will be in accordance with https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim" target="_blank">41 U.S.C. 4712(b).
(b) Upon completion of the investigation, the head of the agency shall ensure that the report of findings has been provided by the Inspector General to the head of the agency and to—
(1) The complainant and any person acting on the complainant's behalf; and
(2) The contractor and/or subcontractor alleged to have committed the violation.
(c) The complainant, contractor, and/or subcontractor shall be afforded the opportunity to submit a written response to the report of findings to the head of the agency and the Office of Inspector General in a time and manner that permits the agency head to take action not later than 30 days after receiving the report, as required by 3.905–1(a).