3.907-6
Remedies and enforcement authority
FAR 3.907-6 provides strong remedies and enforcement mechanisms to protect whistleblowers from contractor reprisals under the Recovery Act, including agency orders, court actions, and penalties for non-compliance.
Overview
FAR 3.907-6 outlines the remedies and enforcement authority available when a non-Federal employer is found to have taken reprisal against an employee for whistleblowing under the American Recovery and Reinvestment Act of 2009. It details the burden of proof, agency responsibilities, available remedies, judicial review, and enforcement mechanisms to protect whistleblowers and ensure compliance by contractors.
Key Rules
- Burden of Proof
- Employees must show their protected disclosure was a contributing factor in the reprisal, which can be established by circumstantial evidence. Employers can rebut this by clear and convincing evidence that the action would have occurred regardless of the disclosure.
- Agency Action and Remedies
- Within 30 days of receiving an Inspector General report, the agency head must determine if reprisal occurred and may order remedies such as abatement, reinstatement, back pay, compensatory damages, and payment of costs and attorneys’ fees.
- Judicial Remedies
- If administrative remedies are exhausted or delayed, the complainant may file a de novo action in federal district court, with the right to a jury trial.
- Enforcement
- If an employer fails to comply with an order, the agency head must request DOJ enforcement in district court, which may grant further relief.
- Appeals
- Adversely affected parties may seek appellate review within 60 days of the agency order.
Responsibilities
- Contracting Officers: Ensure contractors are aware of whistleblower protections and monitor compliance.
- Contractors: Must not retaliate against whistleblowers and must comply with any agency or court orders for remedies.
- Agencies: Investigate complaints, issue timely decisions, enforce orders, and coordinate with DOJ as needed.
Practical Implications
- This section ensures robust protection for whistleblowers and holds contractors accountable for reprisals. Contractors must have procedures to prevent and address retaliation, and agencies must act swiftly on complaints. Failure to comply can result in significant legal and financial consequences, including court enforcement and damages.