52.203-17 Contractor Employee Whistleblower Rights
Source: FAR 52.203-17 on acquisition.gov
Contractors must inform all employees and subcontractors in writing of their whistleblower rights and protections under federal law and ensure these protections are flowed down to all subcontracts.
Overview
FAR 52.203-17 requires contractors to recognize and uphold whistleblower rights for employees working on federal contracts. The clause mandates that contractors inform their employees, in writing and in the predominant language of the workforce, about their whistleblower rights and protections under 41 U.S.C. 4712 and FAR 3.900-3.905. Additionally, contractors must flow down this requirement to all subcontractors by including the substance of this clause in all subcontracts. This ensures that all employees, whether working directly for the prime contractor or for a subcontractor, are aware of and protected by federal whistleblower provisions.
Key Rules
- Whistleblower Rights Applicability
- All employees working on the contract are covered by whistleblower protections under 41 U.S.C. 4712 and FAR 3.900-3.905.
- Employee Notification Requirement
- Contractors must inform employees in writing, using the predominant language of the workforce, about their whistleblower rights and protections.
- Subcontractor Flowdown
- Contractors must include the substance of this clause in all subcontracts, ensuring the same protections and notification requirements apply throughout the supply chain.
Responsibilities
- Contracting Officers: Ensure inclusion of this clause in applicable contracts.
- Contractors: Notify employees in writing of their whistleblower rights and flow down the clause to all subcontracts.
- Agencies: Oversee compliance and investigate whistleblower complaints as required.
Practical Implications
- This clause exists to protect employees from retaliation when reporting waste, fraud, or abuse related to federal contracts.
- Contractors must establish clear communication and documentation processes to ensure compliance.
- Failure to comply can result in investigations, penalties, or contract actions.
As prescribed in 3.906 , insert the following clause:
Contractor Employee Whistleblower Rights (Nov 2023)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim" target="_blank">41 U.S.C. 4712 and Federal Acquisition Regulation (FAR) 3.900 through 3.905.
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim" target="_blank">41 U.S.C. 4712, as described in FAR 3.900 through 3.905.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.
(End of clause)