Enforcement of orders
FAR 3.905-2 ensures that whistleblower protection orders are enforceable in court and that noncompliance can result in significant legal and financial consequences for contractors.
Overview
FAR 3.905-2 outlines the procedures for enforcing orders issued in response to contractor or subcontractor reprisals against whistleblowers under 41 U.S.C. 4712. If a contractor or subcontractor fails to comply with an order for relief (such as reinstatement or compensation), the head of the agency must seek enforcement through the appropriate U.S. district court. The court is empowered to grant various forms of relief, including injunctive relief, damages, and attorney fees. Additionally, the affected employee may independently seek enforcement or join the agency's action. The regulation also provides a process for any party adversely affected by such an order to seek judicial review in the U.S. court of appeals, but this must be done within 60 days of the order's issuance. Importantly, filing an appeal does not automatically stay enforcement unless the court specifically orders a stay.
Key Rules
- Agency Enforcement
- If a contractor/subcontractor does not comply with a whistleblower protection order, the agency head must file for enforcement in U.S. district court.
- Employee Rights
- The complainant employee may also file or join an enforcement action.
- Judicial Review
- Adversely affected parties may seek review in the U.S. court of appeals within 60 days, but enforcement continues unless a stay is granted.
Responsibilities
- Contracting Officers: Ensure contractors comply with orders and coordinate with agency heads for enforcement if necessary.
- Contractors: Must comply promptly with orders issued under whistleblower protection provisions.
- Agencies: Responsible for pursuing enforcement and responding to appeals.
Practical Implications
- This section ensures that whistleblower protection orders are enforceable and provides clear recourse if contractors fail to comply.
- Contractors face legal and financial consequences for noncompliance, including court-ordered damages and fees.
- Timely action is required for appeals, and enforcement is not automatically paused during review.