Overview
This section defines the scope and applicability of statutory whistleblower protections for contractor employees, identifying which federal regulations implement specific laws based on the agency involved and the source of funding. It establishes a clear jurisdictional divide between general civilian agencies, defense-related agencies (DoD, NASA, Coast Guard), and the intelligence community.
Key Rules
- Agency Exclusions: FAR sections 3.900 through 3.906 (implementing 41 U.S.C. 4712) do not apply to the Department of Defense (DoD), NASA, or the Coast Guard, as these agencies are governed by 10 U.S.C. 4701.
- Intelligence Community Limitations: Whistleblower protections under 41 U.S.C. 4712 do not apply to disclosures made by contractor employees if the information relates to intelligence activities or was discovered while providing services to an element of the intelligence community.
- Universal Applicability of Section 3.909: Provisions regarding prohibitions on internal confidentiality agreements (implementing Section 743 of the Consolidated and Further Continuing Appropriations Act, 2015) apply to all federal agencies.
- Recovery Act Specifics: Section 3.907 applies exclusively to contracts funded in whole or in part by the American Recovery and Reinvestment Act of 2009.
Practical Implications
- Jurisdictional Complexity: Contractors must verify the specific agency and funding source for every contract to determine which whistleblower protection clauses (and subsequent reporting requirements) are legally applicable.
- Subcontractor Flow-downs: Because these rules apply to "contractors and subcontractors," prime contractors must ensure they are applying the correct regulatory framework to their supply chain, particularly when transitioning between civilian and defense/intelligence projects.