FAR 3.9—Subpart 3.9

Scope of subpart.

FAR 3.900 is the scope statement for the whistleblower-related provisions in Subpart 3.9. It explains which statutory whistleblower programs are implemented in this subpart, and—just as important—which agencies, contracts, and disclosures are excluded from each rule. Specifically, it covers the implementation of 41 U.S.C. 4712 in FAR 3.900 through 3.906, the appropriations-act whistleblower protection in Section 743 of Division E, Title VII of the Consolidated and Further Continuing Appropriations Act, 2015 (and successor/extended provisions) in FAR 3.909, and the American Recovery and Reinvestment Act whistleblower provision in FAR 3.907. The section also makes clear that the 41 U.S.C. 4712 rules do not apply to DoD, NASA, or the Coast Guard, and do not apply to any element of the intelligence community, including certain disclosures by contractor or subcontractor employees tied to intelligence-community activities or discovered during intelligence-community contract performance. In practice, this section tells contracting personnel and contractors which whistleblower regime governs a given contract or disclosure, so they can apply the correct reporting, protection, and remedy procedures. It is a jurisdiction-and-coverage section: before using any whistleblower rule in Subpart 3.9, the reader must first determine whether the contract, agency, or disclosure falls inside or outside the scope described here.

Definitions.

FAR 3.901 is a definitions section for Subpart 3.9, which governs contractor whistleblower protections and related restrictions on retaliation and confidentiality practices. It defines the key terms used throughout the subpart, including abuse of authority, authorized official of the Department of Justice, Inspector General, internal confidentiality agreement or statement, subcontract, and subcontractor. These definitions matter because they determine who is covered, what conduct is prohibited, and which agreements or relationships fall within the subpart’s rules. In practice, the definitions control the scope of contractor obligations, the reach of whistleblower protections, and the government officials who may receive or act on disclosures. They also help distinguish ordinary commercial arrangements from agreements or practices that could interfere with employee reporting of fraud, waste, abuse, or other protected disclosures. For contractors and contracting officers, this section is foundational because later requirements in the subpart depend on these terms being interpreted correctly.

Classified information.

FAR 3.902 is a narrow but important limitation on the whistleblower protections in 41 U.S.C. 4712. It addresses one topic only: classified information, and it makes clear that the statute does not create any new right to disclose classified information unless some other law already allows that disclosure. In practice, this means an employee, contractor, or subcontractor cannot rely on the whistleblower statute as a legal basis to reveal classified material when making a protected disclosure. The section exists to preserve national security protections and to prevent whistleblower rights from being read as overriding classification rules, security clearance obligations, or other legal restrictions on handling sensitive information. For contractors and contracting personnel, the practical significance is that protected disclosures must still be made through lawful channels and in a manner consistent with classification requirements; otherwise, the disclosure may lose protection and may also trigger security, disciplinary, or contractual consequences.

Policy.

FAR 3.903 states the core policy protecting contractor and subcontractor employees from retaliation when they report certain kinds of wrongdoing connected to a Federal contract. It covers what kinds of disclosures are protected, who may receive the disclosure, what kinds of adverse actions are prohibited, and the special rule that retaliation is still barred even when an executive branch official asks for it unless the request is a valid non-discretionary directive within that official’s authority. The section also explains that disclosures can be made to Congress, Inspectors General, GAO, responsible agency officials, law enforcement, courts, grand juries, and contractor management officials with responsibility to investigate or correct misconduct. In addition, it treats participation in judicial or administrative proceedings about waste, fraud, or abuse on a Federal contract as a protected disclosure. In practice, this policy is meant to encourage reporting of serious contract-related misconduct without fear of reprisal, while giving contractors, subcontractors, and government officials clear boundaries on what conduct is protected and what retaliation is forbidden.

Complaints.

Remedies and enforcement of orders.

Contract clause.

FAR 3.906 is a contract-clause prescription rule. It tells contracting officers when they must include the whistleblower rights clause at FAR 52.203-17, Contractor Employee Whistleblower Rights, in solicitations and contracts. The section is narrow but important because it implements contractor employee whistleblower protections by making the required notice part of the contract. In practice, this means the clause must be flowed into covered procurements so contractor employees are informed of their rights and contractors are on notice that retaliation-related requirements apply. The section also identifies important exclusions: the clause is not inserted in solicitations and contracts for DoD, NASA, the Coast Guard, or applicable elements of the intelligence community, because those entities are covered by separate rules under FAR 3.900(a).

Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (the Recovery Act).

[Reserved]

Prohibition on providing funds to an entity that requires certain internal confidentiality agreements or statements.