3.907 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (the Recovery Act)
Source: FAR 3.907 on acquisition.gov
FAR 3.907 mandates strong whistleblower protections for contractor employees on Recovery Act-funded contracts, requiring contractors to prevent retaliation and comply with complaint and investigation procedures.
Overview
FAR 3.907 implements whistleblower protections for contractor employees working on contracts funded by the American Recovery and Reinvestment Act of 2009 (Recovery Act). It establishes definitions, policies, complaint procedures, investigation processes, access to investigative files, remedies, enforcement authority, and a required contract clause. The regulation is designed to protect employees from reprisal for disclosing evidence of gross mismanagement, waste, abuse of authority, or violations of law related to Recovery Act funds.
Key Rules
- Definitions (3.907-1)
- Clarifies key terms such as "contractor," "employee," and "reprisal" for the purposes of this section.
- Policy (3.907-2)
- Prohibits contractors from discharging, demoting, or discriminating against employees who lawfully disclose information regarding misuse of Recovery Act funds.
- Procedures for Filing Complaints (3.907-3)
- Outlines how employees can file whistleblower complaints with the appropriate Inspector General.
- Procedures for Investigating Complaints (3.907-4)
- Details the process and timelines for Inspector General investigations of whistleblower complaints.
- Access to Investigative File (3.907-5)
- Provides complainants and contractors access to the investigative file, subject to certain limitations.
- Remedies and Enforcement Authority (3.907-6)
- Specifies remedies for employees subjected to reprisal and enforcement mechanisms against contractors.
- Contract Clause (3.907-7)
- Requires inclusion of a specific whistleblower protection clause in applicable contracts.
Responsibilities
- Contracting Officers: Ensure inclusion of the required clause and monitor compliance.
- Contractors: Must not retaliate against whistleblowers and must comply with investigation and enforcement procedures.
- Agencies: Oversee investigations, provide remedies, and enforce compliance.
Practical Implications
- This section exists to encourage reporting of fraud, waste, and abuse in Recovery Act-funded contracts by protecting whistleblowers.
- Contractors must establish internal processes to prevent retaliation and respond to investigations.
- Failure to comply can result in enforcement actions, including remedies for affected employees and potential penalties for contractors.