SUBPART 203.9—WHISTLEBLOWER
PROTECTIONS FOR CONTRACTOR EMPLOYEES
(Added
January 15, 2009)
203.900 Scope of subpart.
203.903 Policy.
203.904 Procedures for filing complaints.
203.905 Procedures for investigating complaints.
203.906 Remedies.
203.970 Contract clause.
203.900 Scope of subpart.
This subpart implements 10 U.S.C. 2409 as amended by Section 846
of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181)
and Section 842 of the National Defense Authorization Act for Fiscal Year 2009
(Pub. L. 110-417).
203.903 Policy.
The following policy applies to DoD instead of the policy at FAR
3.903:
(1) 10 U.S.C. 2409 prohibits contractors from
discharging, demoting, or otherwise discriminating against an employee as a
reprisal for disclosing, to any of the following entities, information that the
employee reasonably believes is evidence of gross mismanagement of a DoD
contract, a gross waste of DoD funds, a substantial and specific danger to
public health or safety, or a violation of law related to a DoD contract
(including the competition for or negotiation of a contract):
(i) A Member of Congress.
(ii) A representative of a committee of Congress.
(iii) An Inspector General that receives funding
from or has oversight over contracts awarded for or on behalf of DoD.
(iv) The Government Accountability Office.
(v) A DoD employee responsible for contract
oversight or management.
(vi) An authorized official of an agency or the
Department of Justice.
(2) A contracting officer who receives a
complaint of reprisal of the type described in paragraph (1) of this section
shall forward it to legal counsel or to the appropriate party in accordance
with agency procedures.
203.904 Procedures for filing complaints.
In addition to the procedures at FAR 3.904, any contractor
employee who believes that he or she has been discharged, demoted, or otherwise
discriminated against contrary to the policy in 203.903 may file a complaint
with the DoD Inspector General.
203.905 Procedures for investigating complaints.
The following procedures apply to DoD instead of the procedures
at FAR 3.905:
(1) The DoD Inspector General will make a
determination as to whether a complaint is frivolous or merits further
investigation.
(2) If the DoD Inspector General determines that
a complaint merits further investigation, the DoD Inspector General will—
(i) Notify the complainant, the contractor
alleged to have committed the violation, and the head of the agency;
(ii) Conduct an investigation; and
(iii) Provide a written report of findings to the
complainant, the contractor alleged to have committed the violation, and the
head of the agency.
(3) The DoD Inspector General—
(i) Will determine that the complaint is
frivolous or will submit the report addressed in paragraph (2) of this section
within 180 days after receiving the
complaint; and
(ii) If unable to submit a report within 180 days,
will submit the report within the additional time period to which the person
submitting the complaint agrees.
203.906 Remedies.
(1) Not later than 30 days after receiving a DoD
Inspector General report in accordance with 203.905, the head of the agency—
(i) Shall determine whether sufficient basis
exists to conclude that the contractor has subjected one of its employees to a
reprisal as prohibited by 203.903; and
(ii) Shall issue an order denying relief or shall
take one or more of the actions specified in FAR 3.906(a).
(2) If the head of the agency issues an order
denying relief or has not issued an
order within 210 days after the submission of the complaint or within 30 days
after the expiration of an extension of time granted in accordance with
203.905(3)(ii), and there is no showing that such delay is due to the bad faith
of the complainant—
(i) The complainant shall be deemed to have
exhausted all administrative remedies with respect to the complaint; and
(ii) The complainant may bring a de novo action at
law or equity against the contractor to seek compensatory damages and other
relief available under 10 U.S.C. 2409 in the appropriate district court of the
(3) An Inspector General determination and an
agency head order denying relief under paragraph (2) of this section shall be
admissible in evidence in any de novo action at law or equity brought pursuant
to 10 U.S.C. 2409(c).
203.970 Contract clause.
Use the clause at 252.203-7002, Requirement to Inform Employees
of Whistleblower Rights, in all solicitations and contracts.