FAR 3.901—Definitions.
Plain-English Summary
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.
Key Rules
Abuse of authority defined
Abuse of authority means an arbitrary and capricious exercise of authority that is inconsistent with the agency’s mission or the successful performance of the contract. This definition is important because it identifies one of the kinds of misconduct that may be relevant to protected disclosures under the subpart.
Justice Department official scope
An authorized official of the Department of Justice is any person responsible for investigation, enforcement, or prosecution of any law or regulation. This broad definition identifies the DOJ personnel who may receive or handle disclosures or related matters under the subpart.
Inspector General definition
Inspector General means an IG appointed under chapter 4 of title 5 and any IG that receives funding from, or oversees contracts awarded for, or on behalf of, the agency concerned. This definition does not apply to FAR 3.907, so the term must be read carefully depending on the specific subpart provision.
Internal confidentiality agreements
An internal confidentiality agreement or statement is any written confidentiality requirement the contractor imposes on employees or subcontractors regarding nondisclosure of contractor information. It excludes agreements arising from civil litigation and agreements signed at the behest of a Federal agency.
Subcontract includes purchase orders
A subcontract includes any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or another subcontract. The definition expressly includes purchase orders, as well as changes and modifications to purchase orders.
Subcontractor is broadly defined
A subcontractor includes any supplier, distributor, vendor, or firm, including a consultant, that furnishes supplies or services to or for a prime contractor or another subcontractor. This broad scope ensures the subpart can reach lower-tier participants in the contracting chain.
Responsibilities
Contracting Officer
Use these definitions to determine whether contractor practices, agreements, or lower-tier relationships fall within the whistleblower-related requirements of Subpart 3.9. Apply the terms consistently when evaluating compliance issues, disclosures, or alleged retaliation.
Contractor
Understand which employees, subcontractors, agreements, and business relationships are covered by the subpart. Ensure internal confidentiality statements do not conflict with applicable whistleblower protections and recognize that subcontracting relationships may be covered even when structured as purchase orders or consultant arrangements.
Subcontractor
Recognize that the subpart’s coverage can extend to lower-tier subcontracting arrangements and that purchase orders and modifications may be treated as subcontracts. Avoid using confidentiality practices that could improperly restrict protected disclosures.
Agency
Interpret and apply the defined terms when administering whistleblower protections and related enforcement actions. Ensure agency personnel understand which DOJ officials and Inspectors General may be involved under the subpart.
Inspector General / DOJ Official
Use the defined scope to determine whether a matter falls within the subpart’s reporting, investigation, or enforcement framework. Coordinate as appropriate when disclosures or allegations involve contractor conduct covered by these definitions.
Practical Implications
The broad definitions mean contractors cannot avoid coverage by labeling a relationship as a purchase order, vendor arrangement, or consultant engagement if it functions as a subcontract for contract performance.
Internal confidentiality statements are a common compliance risk; contractors should review them to ensure they do not chill protected disclosures or conflict with whistleblower protections.
The Inspector General definition is specific to this subpart and expressly does not apply to FAR 3.907, so users must not assume the same meaning carries across all FAR provisions.
Because subcontractor is defined broadly, prime contractors should flow down compliance awareness to lower-tier suppliers and service providers, not just formal subcontractors.
Contracting officers and contractors should read these definitions together with the operative whistleblower provisions, since the practical effect of the rules depends heavily on who is covered and what conduct is included.
Official Regulatory Text
As used in this subpart- Abuse of authority means an arbitrary and capricious exercise of authority that is inconsistent with the mission of the executive agency concerned or the successful performance of a contract of such agency. Authorized official of the Department of Justice means any person responsible for the investigation, enforcement, or prosecution of any law or regulation. Inspector General means an Inspector General appointed under chapter 4 of title 5 of the United States Code and any Inspector General that receives funding from, or has oversight over contracts awarded for, or on behalf of, the executive agency concerned. This definition does not apply to 3.907. Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency. Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.