3.907-4
Procedures for investigating complaints
All whistleblower complaints related to Recovery Act contracts must be investigated using the procedures specified in section 1553 of the Recovery Act.
Overview
FAR 3.907-4 establishes that the procedures for investigating whistleblower complaints related to contracts funded by the American Recovery and Reinvestment Act of 2009 (Recovery Act) must follow the requirements set forth in section 1553 of the Recovery Act. This means that any complaint alleging reprisal against an employee for disclosing information related to Recovery Act funds must be investigated according to the specific statutory process outlined in the Act, rather than a separate or general FAR process. The section ensures consistency and legal compliance in handling such complaints.
Key Rules
- Investigation Procedures
- All whistleblower complaints under the Recovery Act must be investigated in accordance with section 1553 of the Act.
- Reference to Statutory Process
- The FAR does not create a new process but defers to the statutory requirements of the Recovery Act for investigations.
Responsibilities
- Contracting Officers: Must ensure that any whistleblower complaints are referred and handled per section 1553 procedures.
- Contractors: Should be aware that complaints will be investigated under the Recovery Act's statutory process and cooperate as required.
- Agencies: Must follow the Recovery Act's investigation procedures and ensure compliance with section 1553.
Practical Implications
- This section exists to ensure that whistleblower complaints related to Recovery Act funds are handled consistently and in compliance with federal law.
- It impacts daily contracting by clarifying the process for handling such complaints and removing ambiguity about which procedures apply.
- Common pitfalls include failing to follow the correct statutory process or misunderstanding the applicable procedures, which can lead to noncompliance or legal challenges.