52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009
Source: FAR 52.203-15 on acquisition.gov
Contractors and their subcontractors must inform employees of whistleblower protections under the Recovery Act and ensure these protections are communicated throughout the supply chain.
Overview
FAR 52.203-15 requires contractors working on projects funded by the American Recovery and Reinvestment Act of 2009 (Recovery Act) to inform employees of their whistleblower rights and protections. Contractors must post notices outlining these rights and remedies, ensuring employees are aware of protections against retaliation for reporting misuse of Recovery Act funds. Additionally, contractors must flow down this requirement to all subcontractors receiving Recovery Act funds, ensuring consistent application throughout the supply chain.
Key Rules
- Employee Notification
- Contractors must post notices informing employees of their whistleblower rights and remedies under the Recovery Act.
- Subcontractor Flowdown
- Contractors must include the substance of this clause in all subcontracts funded in whole or in part by Recovery Act funds, including the requirement for subcontractors to post the same notices.
Responsibilities
- Contracting Officers: Ensure the clause is included in applicable contracts and monitor compliance.
- Contractors: Post required notices and ensure all relevant subcontracts include this clause.
- Agencies: Oversee contractor compliance and address any reported violations.
Practical Implications
- This clause exists to protect employees who report fraud, waste, or abuse of Recovery Act funds, fostering transparency and accountability.
- Contractors must be diligent in both posting notices and ensuring subcontractors comply, as failure to do so can result in noncompliance findings or penalties.
- Common pitfalls include neglecting to post notices at all worksites or failing to flow down the clause to all applicable subcontracts.
As prescribed in 3.907-7 , use the following clause:
Whistleblower Protections Under The American Recovery And Reinvestment Act of 2009 (June 2010)
(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act).
(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts that are funded in whole or in part with Recovery Act funds.
(End of clause)