3.907-1 Definitions
Source: FAR 3.907-1 on acquisition.gov
If Recovery Act money touches the contract, contractors and subcontractors should treat employee disclosures about misuse, waste, safety risks, abuse, or legal violations as potentially protected whistleblower activity.
Overview
- FAR 3.907-1 provides the core definitions used in the Recovery Act whistleblower protection framework under FAR 3.907. These definitions determine who is covered, what funds trigger the rule, what types of disclosures are protected, and which oversight officials receive or handle complaints.
- For contractors, the section is important because it establishes whether Recovery Act-funded contracts, subcontracts, and related recipients fall within the whistleblower protections tied to misuse of covered funds.
Key Rules
- Board
- Refers to the Recovery Accountability and Transparency Board created by Section 1521 of the Recovery Act, which supported oversight of Recovery Act spending.
- Covered funds
- Includes contract, grant, or other payments when the Federal Government provides any portion of the money or property and at least some of the funds are appropriated or otherwise made available by the Recovery Act.
- Covered information
- Means information an employee reasonably believes shows gross mismanagement, gross waste, abuse of authority, substantial and specific public health or safety danger, or a legal/regulatory violation related to covered funds or related contracting actions.
- Inspector General / Non-Federal employer
- Identifies the oversight official for complaints and clarifies that contractors, subcontractors, and other recipients of Recovery Act funds are covered employers.
Responsibilities
- Contracting Officers: determine whether Recovery Act funds are involved and apply the related whistleblower protections appropriately.
- Contractors: recognize that employees of contractors and subcontractors may be protected when reporting covered information tied to covered funds.
- Agencies: ensure complaints are routed to the proper Inspector General or designated agency official.
Practical Implications
- This section exists to define the boundaries of Recovery Act whistleblower protections.
- It affects contract administration by identifying when employee disclosures may trigger statutory protections and oversight review.
- A common pitfall is assuming the rule applies only to prime contractors; it also reaches subcontractors and other non-Federal employers receiving Recovery Act funds.
As used in this section-
Board means the Recovery Accountability and Transparency Board established by Section 1521 of the Recovery Act.
Covered funds means any contract payment, grant payment, or other payment received by a contractor if-
(1) The Federal Government provides any portion of the money or property that is provided, requested, or demanded; and
(2) At least some of the funds are appropriated or otherwise made available by the Recovery Act.
Covered information means information that the employee reasonably believes is evidence of gross mismanagement of the contract or subcontract related to covered funds, gross waste of covered funds, a substantial and specific danger to public health or safety related to the implementation or use of covered funds, an abuse of authority related to the implementation or use of covered funds, or a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to covered funds.
Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency.
Non-Federal employer, as used in this section, means any employer that receives Recovery Act funds, including a contractor, subcontractor, or other recipient of funds pursuant to a contract or other agreement awarded and administered in accordance with the Federal Acquisition Regulation.