FAR 22.902—Handling complaints.
Plain-English Summary
FAR 22.902 addresses how agencies must handle complaints alleging that a contractor is not complying with the policy covered by this subpart. The section is narrow but important: it tells agencies to bring the complaint to the contractor’s attention, to do so in writing when appropriate, to identify the policy at issue, to state that the contractor’s compliance has been questioned, and to ask the contractor to take any steps needed to come into compliance. In practice, this provision is designed to ensure complaints are handled directly, fairly, and on the record before more formal action is considered. It gives contractors notice and an opportunity to correct problems, while also helping agencies document that they raised the issue properly. The section does not itself create a penalty or adjudication process; instead, it establishes the initial communication and corrective-action step when a complaint is received.
Key Rules
Bring complaint to contractor
When an agency receives a complaint about a contractor’s compliance with the policy, it must raise the matter with the contractor. The agency cannot ignore the complaint or treat it as purely internal once it has been received.
Use writing when appropriate
The agency should communicate in writing when that is appropriate under the circumstances. Written notice is especially useful for creating a clear record of what was alleged and what the contractor was asked to do.
State the policy involved
The agency must identify the policy that is the subject of the complaint. This ensures the contractor understands exactly which requirement is being questioned and can respond to the correct issue.
Say compliance is questioned
The agency must tell the contractor that its compliance has been questioned. This is a notice requirement, not a finding of violation, and it alerts the contractor that the agency views the matter as potentially noncompliant.
Request corrective steps
The agency must ask the contractor to take any appropriate steps necessary to comply. The focus is corrective action and voluntary compliance, not immediate punishment.
Responsibilities
Agency
Receive complaints about contractor compliance, bring the complaint to the contractor’s attention, use written notice when appropriate, identify the policy involved, state that compliance has been questioned, and request any appropriate corrective steps needed to achieve compliance.
Contractor
Review the agency’s notice, assess whether its practices comply with the identified policy, and take appropriate corrective action if needed to address the concern and restore compliance.
Contracting Officer or Agency Representative
Communicate the complaint clearly and accurately, preserve an appropriate record of the notice and any contractor response, and follow up as needed to determine whether corrective steps were taken.
Practical Implications
This section is mainly about early intervention: agencies should not jump straight to enforcement without first notifying the contractor and giving it a chance to correct the issue.
Because the rule requires the policy to be stated and compliance concerns to be identified, vague complaints are not enough; the notice should be specific enough for the contractor to understand what is being alleged.
Written documentation is often the safest approach, even though the rule says “if appropriate,” because it creates a record for later review, escalation, or dispute resolution.
Contractors should treat this notice seriously even though it is not a formal determination of violation; failure to respond promptly can make the issue worse.
A common pitfall is failing to distinguish between a complaint and a finding of noncompliance. This section requires notice and a request for corrective action, not an immediate conclusion that the contractor has violated the policy.
Official Regulatory Text
Agencies shall bring complaints regarding a contractor’s compliance with this policy to that contractor’s attention (in writing, if appropriate), stating the policy, indicating that the contractor’s compliance has been questioned, and requesting that the contractor take any appropriate steps that may be necessary to comply.