Procedures for filing complaints
Employees alleging reprisal under the Recovery Act must submit a detailed, signed complaint to the agency's Inspector General, and contracting officers must promptly forward any such complaints per agency procedures.
Overview
FAR 3.907-3 outlines the procedures for employees to file complaints if they believe they have been subjected to reprisal for whistleblowing under the American Recovery and Reinvestment Act of 2009 (Recovery Act). The section details how complaints should be submitted, what information must be included, and the responsibilities of contracting officers upon receipt of such complaints.
Key Rules
- Filing a Complaint
- Employees who believe they have experienced reprisal may submit a signed complaint to the Inspector General (IG) of the agency that awarded the contract.
- Complaint Content Requirements
- Complaints must include the contractor's name, contract number (or sufficient description), the covered information disclosed, the nature of the disclosure, and the specific nature and date of the reprisal.
- Contracting Officer Responsibilities
- If a contracting officer receives a reprisal complaint, they must forward it to the agency's Office of Inspector General and other designated officials per agency procedures.
Responsibilities
- Contracting Officers: Must promptly forward any reprisal complaints to the IG and other designated officials.
- Contractors/Employees: Must ensure complaints are complete, signed, and submitted to the correct IG.
- Agencies: Must have procedures for handling and forwarding complaints, including legal counsel involvement as needed.
Practical Implications
- This section ensures whistleblower protections are actionable by providing a clear process for filing and handling complaints.
- Contractors and employees must be aware of the required complaint content to avoid delays or dismissals.
- Contracting officers must act quickly and follow agency-specific procedures to ensure compliance and protect whistleblower rights.