FAR 3.900—Scope of subpart.
Plain-English Summary
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.
Key Rules
41 U.S.C. 4712 coverage
FAR 3.900 through 3.906 implement 41 U.S.C. 4712, which provides whistleblower protections for contractor and subcontractor employees. These provisions apply only when the contract and agency are within the statute’s scope.
DoD, NASA, and Coast Guard excluded
The 41 U.S.C. 4712 provisions in FAR 3.900 through 3.906 do not apply to the Department of Defense, NASA, or the Coast Guard. Those entities are covered by a different whistleblower statute, 10 U.S.C. 4701, which is not implemented in this subpart.
Intelligence community excluded
The 41 U.S.C. 4712 provisions also do not apply to any element of the intelligence community as defined in the National Security Act. This exclusion is broad and includes contractor and subcontractor employee disclosures tied to intelligence-community activities or discovered during intelligence-community contract or subcontract performance.
Appropriations-act whistleblower rule
FAR 3.909 implements Section 743 of Division E, Title VII of the Consolidated and Further Continuing Appropriations Act, 2015, and successor or extended provisions. This rule applies to all agencies, not just a limited set of departments.
Recovery Act whistleblower rule
FAR 3.907 implements section 1553 of the American Recovery and Reinvestment Act of 2009. It applies to all contracts funded in whole or in part by the Recovery Act, regardless of the agency administering the contract.
Coverage depends on funding and agency
The applicable whistleblower protection depends on the funding source, the agency involved, and whether the contract falls within a statutory exclusion. Users must identify the correct statute before applying the procedures in Subpart 3.9.
Responsibilities
Contracting Officer
Determine which whistleblower provision applies to the contract or agency, recognize when a contract is excluded from 41 U.S.C. 4712 coverage, and ensure the correct FAR clause or process is used for the applicable statute.
Agency
Apply the correct whistleblower framework based on the agency, funding source, and statutory coverage; for all-agency and Recovery Act situations, ensure internal procedures align with the applicable FAR sections.
Contractor
Understand which whistleblower protections apply to its employees and subcontractors, especially when performing work for DoD, NASA, the Coast Guard, or intelligence-community elements, and route disclosures through the proper channels.
Subcontractor
Recognize that employee whistleblower rights may depend on the prime contract’s funding and agency coverage, and ensure employees are informed about the applicable protections and reporting paths.
Employee of Contractor or Subcontractor
Make disclosures under the correct statutory regime based on the agency and contract involved; for intelligence-community work, understand that certain disclosures are outside the scope of 41 U.S.C. 4712 protections.
Practical Implications
Always identify the governing whistleblower statute before advising on rights, remedies, or reporting procedures; the wrong statute can lead to incorrect guidance and missed deadlines.
DoD, NASA, and Coast Guard contracts are a common trap: Subpart 3.9’s 41 U.S.C. 4712 rules do not apply there, so practitioners must look to the separate defense-related whistleblower authority.
Intelligence-community work requires special caution because the exclusion is not just agency-based; it also reaches disclosures related to intelligence activities or discovered during intelligence-community contract performance.
Recovery Act-funded contracts can trigger section 1553 protections even when the agency is otherwise subject to different whistleblower rules, so funding source must be checked carefully.
Appropriations-act whistleblower protections in FAR 3.909 are broader in agency coverage, so contracting staff should not assume that a general agency exemption applies without checking the specific statutory basis.
Official Regulatory Text
This subpart implements various statutory whistleblower programs. This subpart does not implement 10 U.S.C. 4701 , which is applicable only to DoD, NASA, and the Coast Guard. (a) 41 U.S.C. 4712 is implemented in 3.900 through 3.906 . These sections do not apply to— (1) DoD, NASA, and the Coast Guard; or (2) Any element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). Sections 3.900 through 3.906 do not apply to any disclosure made by an employee of a contractor or subcontractor of an element of the intelligence community if such disclosure— (i) Relates to an activity of an element of the intelligence community; or (ii) Was discovered during contract or subcontract services provided to an element of the intelligence community. (b) Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 ( Pub. L. 113–235 ) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), is implemented in 3.909 , which is applicable to all agencies. (c) Section 3.907 of this subpart implements section 1553 of the American Recovery and Reinvestment Act of 2009 ( Pub. L. 111–5 ), and applies to all contracts funded in whole or in part by that Act.