3.905
Remedies and enforcement of orders
FAR 3.905 ensures that contractors must comply with whistleblower protection orders or face enforcement actions, including payment suspension and legal remedies.
Overview
FAR 3.905 outlines the remedies available and enforcement mechanisms for orders issued under whistleblower protection provisions for contractor employees. This section ensures that employees who report wrongdoing are protected from reprisal and that any orders issued by the agency to remedy violations are enforceable. It details the actions that can be taken if a contractor fails to comply with an order, including potential suspension of contract payments and other legal remedies. The section is designed to uphold the integrity of the whistleblower process and ensure contractors adhere to corrective actions mandated by the government.
Key Rules
- Remedies for Whistleblower Violations
- If a contractor is found to have retaliated against an employee whistleblower, the agency may order remedies such as reinstatement, back pay, and compensatory damages.
- Enforcement of Orders
- If a contractor does not comply with an order, the agency may take enforcement actions, including suspending contract payments or pursuing other legal remedies to ensure compliance.
Responsibilities
- Contracting Officers: Must ensure that remedies are enforced and take appropriate action if a contractor fails to comply with an order.
- Contractors: Must comply with any orders issued regarding whistleblower protections and implement required remedies promptly.
- Agencies: Oversee enforcement and may suspend payments or take legal action if orders are not followed.
Practical Implications
- This section exists to protect whistleblowers and ensure contractors are held accountable for retaliation.
- It impacts daily contracting by requiring prompt compliance with whistleblower-related orders and providing clear consequences for non-compliance.
- Common pitfalls include failing to implement remedies or ignoring enforcement actions, which can result in payment suspension or further legal consequences.