3.907-7
Contract clause
All contracts and solicitations funded with Recovery Act funds must include the whistleblower protection clause at 52.203-15 to ensure statutory compliance.
Overview
FAR 3.907-7 requires contracting officers to include the clause at 52.203-15, "Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009," in all solicitations and contracts that are funded, either fully or partially, with Recovery Act funds. This clause ensures that whistleblower protections mandated by the Recovery Act are explicitly incorporated into applicable contracts, providing legal safeguards for employees who report misuse or mismanagement of Recovery Act funds.
Key Rules
- Mandatory Clause Inclusion
- The clause at 52.203-15 must be included in all solicitations and contracts funded by the Recovery Act, regardless of the amount or type of contract.
- Scope of Application
- Applies to any contract or solicitation that uses Recovery Act funds, whether in whole or in part.
Responsibilities
- Contracting Officers: Must ensure the clause is included in all relevant solicitations and contracts.
- Contractors: Must comply with the whistleblower protection requirements outlined in clause 52.203-15.
- Agencies: Must oversee compliance and ensure proper implementation of whistleblower protections.
Practical Implications
- This section exists to enforce statutory whistleblower protections for employees working on Recovery Act-funded projects.
- Failure to include the clause may result in noncompliance with federal law and potential legal or contractual consequences.
- Contractors should be aware of their obligations to protect whistleblowers and foster a compliant reporting environment.