3.907-1
Definitions
Understanding these definitions is crucial for contractors and agencies to properly implement and comply with whistleblower protections under the Recovery Act.
Overview
FAR 3.907-1 provides definitions for key terms used in the whistleblower protections related to the American Recovery and Reinvestment Act of 2009 (Recovery Act). These definitions clarify the scope of protections and obligations for contractors, subcontractors, and recipients of Recovery Act funds. Understanding these terms is essential for compliance with whistleblower requirements and for identifying what constitutes covered funds, covered information, and the relevant authorities involved in oversight and enforcement.
Key Rules
- Board
- Refers to the Recovery Accountability and Transparency Board established by the Recovery Act.
- Covered Funds
- Includes any payment received by a contractor where the federal government provides any portion of the funds, and at least some are appropriated by the Recovery Act.
- Covered Information
- Encompasses evidence of gross mismanagement, waste, danger to public health or safety, abuse of authority, or legal violations related to contracts funded by the Recovery Act.
- Inspector General
- Means the Inspector General appointed under the Inspector General Act of 1978, or a designated official if no IG exists for the agency.
- Non-Federal Employer
- Any employer receiving Recovery Act funds, including contractors and subcontractors.
Responsibilities
- Contracting Officers: Must ensure all parties understand and apply these definitions when implementing whistleblower protections.
- Contractors: Must recognize when they are handling covered funds or information and understand their obligations under whistleblower provisions.
- Agencies: Must use these definitions to determine oversight responsibilities and reporting requirements.
Practical Implications
- These definitions establish the foundation for whistleblower protections under the Recovery Act.
- Contractors must be aware of what constitutes covered funds and information to ensure proper reporting and compliance.
- Misunderstanding these terms can lead to non-compliance and potential penalties.