3.906
Contract clause
Contracting officers must include the whistleblower rights clause (52.203-17) in most federal contracts, except those for DoD, NASA, the Coast Guard, or certain intelligence agencies.
Overview
FAR 3.906 requires contracting officers to include the clause at 52.203-17, Contractor Employee Whistleblower Rights, in all solicitations and contracts, with specific exceptions. This clause is designed to protect contractor employees who report wrongdoing or violations related to federal contracts. The requirement does not apply to contracts and solicitations issued by the Department of Defense (DoD), NASA, the Coast Guard, or certain intelligence community elements, as referenced in FAR 3.900(a). The inclusion of this clause ensures that contractor employees are aware of their whistleblower rights and the protections afforded to them under federal law.
Key Rules
- Mandatory Clause Inclusion
- Contracting officers must insert FAR clause 52.203-17 in all applicable solicitations and contracts.
- Exceptions
- The requirement does not apply to DoD, NASA, Coast Guard, or specified intelligence community contracts.
Responsibilities
- Contracting Officers: Must ensure the clause is included in all relevant solicitations and contracts, except for the specified agency exceptions.
- Contractors: Must comply with the whistleblower protections outlined in clause 52.203-17 when included in their contracts.
- Agencies: Must oversee compliance and ensure proper clause inclusion, except for the exempted agencies.
Practical Implications
- This section ensures whistleblower protections are consistently communicated and enforced in federal contracts, promoting ethical conduct and accountability.
- Contractors should be aware that failure to comply with whistleblower protections can result in legal and contractual consequences.
- Common pitfalls include overlooking the clause inclusion or misunderstanding the agency exceptions.