Overview
This section establishes the specific terminology used within FAR Subpart 3.9 regarding whistleblower protections for contractor employees. It defines the scope of authority, the roles of oversight officials, and the types of agreements and entities subject to these regulations.
Key Rules
- Abuse of Authority: Defined as an arbitrary or capricious exercise of power that conflicts with an agency's mission or the successful performance of a federal contract.
- Internal Confidentiality Agreements: Includes any written non-disclosure statement required by a contractor, but specifically excludes those resulting from civil litigation or those mandated by a federal agency.
- Inspector General (IG): Encompasses both statutory IGs appointed under 5 U.S.C. Chapter 4 and any IG with oversight or funding authority over the specific agency contracts (excluding section 3.907).
- Broad Subcontract Scope: The definitions of "subcontract" and "subcontractor" are expansive, covering all tiers of the supply chain, including purchase orders, modifications, and individual consultants.
Practical Implications
- Contractors must ensure that standard employee non-disclosure agreements do not inadvertently prohibit the reporting of waste, fraud, or abuse to designated government officials or the Inspector General.
- Because the definitions extend to all tiers of "subcontractors," prime contractors are responsible for ensuring that whistleblower protection requirements flow down to every vendor and consultant involved in the project.