3.907-2 Policy
Source: FAR 3.907-2 on acquisition.gov
Non-Federal employers must not retaliate against employees who report misconduct related to Recovery Act funds to specified oversight entities.
Overview
FAR 3.907-2 establishes a strict policy prohibiting non-Federal employers from retaliating against employees who disclose information related to misconduct, waste, fraud, or abuse connected to Federal contracts or grants under the American Recovery and Reinvestment Act of 2009. The regulation specifically protects employees who make disclosures to a wide range of oversight and investigative bodies, including the Board, Inspector General, Comptroller General, Congress, regulatory or law enforcement agencies, supervisors, courts, and Federal agency heads. The intent is to ensure that employees can report wrongdoing without fear of reprisal, thereby promoting transparency and accountability in the use of Federal funds.
Key Rules
- Prohibition on Retaliation
- Non-Federal employers cannot discharge, demote, or discriminate against employees for making protected disclosures.
- Protected Disclosures
- Disclosures are protected when made to specified entities such as oversight boards, inspectors general, Congress, law enforcement, supervisors, courts, or agency heads.
Responsibilities
- Contracting Officers: Must ensure contractors are aware of and comply with whistleblower protections.
- Contractors (Non-Federal Employers): Must not retaliate against employees who make protected disclosures and must inform employees of their rights.
- Agencies: Oversee compliance and investigate allegations of reprisal.
Practical Implications
- This policy exists to encourage reporting of misconduct without fear of retaliation, supporting integrity in Federal contracting.
- Contractors must implement internal policies and training to prevent retaliation.
- Failure to comply can result in investigations, penalties, and potential loss of contracts.
Non-Federal employers are prohibited from discharging, demoting, or otherwise discriminating against an employee as a reprisal for disclosing covered information to any of the following entities or their representatives:
(1) The Board.
(2) An Inspector General.
(3) The Comptroller General.
(4) A member of Congress.
(5) A State or Federal regulatory or law enforcement agency.
(6) A person with supervisory authority over the employee or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct.
(7) A court or grand jury.
(8) The head of a Federal agency.