3.905-1
Remedies
FAR 3.905-1 ensures whistleblower protections by mandating agency remedies for reprisal and granting employees the right to seek relief in federal court if administrative remedies are denied or delayed.
Overview
FAR 3.905-1 outlines the remedies available when a contractor or subcontractor is found to have retaliated against an employee (whistleblower) in violation of FAR 3.903. It details the agency's required response to Inspector General reports, the potential actions the agency head may order, the complainant's right to seek relief in federal court, and the non-waivability of whistleblower protections. The section ensures that employees who report wrongdoing are protected from reprisal and have clear avenues for relief if retaliation occurs.
Key Rules
- Agency Response to Inspector General Report
- Within 30 days of receiving a report, the agency head must determine if reprisal occurred and either deny relief or order corrective actions, including abatement, reinstatement with compensation, payment of costs, or disciplinary action against agency officials.
- Complainant's Right to Go to Court
- If relief is denied or not timely issued, the complainant may file a lawsuit in federal court within two years, with the right to a jury trial.
- Admissibility of Evidence
- Inspector General determinations and agency head orders are admissible in court proceedings.
- No Waiver of Rights
- Whistleblower protections cannot be waived by any agreement or employment condition.
Responsibilities
- Contracting Officers: Must ensure contractors comply with whistleblower protections and enforce agency orders.
- Contractors: Must comply with agency orders regarding abatement, reinstatement, and compensation; cannot require employees to waive whistleblower rights.
- Agencies: Must act promptly on IG reports, provide remedies, and consider disciplinary action against agency officials if warranted.
Practical Implications
- This section protects whistleblowers and holds contractors accountable for retaliation, ensuring a safe reporting environment. Contractors must be prepared for potential agency orders and litigation, and cannot circumvent protections through employment agreements. Delays or failures to act can result in court actions and additional liabilities.