3.907-1
Definitions
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.