FAR 3.904-1—Procedures for filing complaints.
Plain-English Summary
FAR 3.904-1 explains how a contractor or subcontractor employee can file a whistleblower-style complaint when the employee believes they were discharged, demoted, or otherwise discriminated against in violation of the anti-reprisal policy in FAR 3.903. It identifies the Inspector General of the agency concerned as the proper place to submit the complaint and notes that agencies generally provide fraud, waste, abuse, and whistleblower complaint procedures through OIG hotline or whistleblower websites, or through direct contact with the cognizant OIG for instructions. The section also establishes a strict filing deadline: a complaint under 41 U.S.C. 4712 must be brought within three years of the alleged reprisal. In practice, this section is about where to file, how to find filing instructions, and how long an employee has to act after the retaliatory event. It matters because missing the deadline or sending the complaint to the wrong place can delay or jeopardize review of a reprisal allegation.
Key Rules
Protected reprisal complaints
An employee of a contractor or subcontractor who believes they were discharged, demoted, or otherwise discriminated against contrary to FAR 3.903 may file a complaint. The section is limited to alleged reprisals tied to the policy against retaliation for protected disclosures or related conduct.
File with the agency IG
The complaint is submitted to the Inspector General of the agency concerned. This makes the cognizant OIG the primary intake point for reprisal allegations under this provision.
Use agency complaint channels
Agencies generally make fraud, waste, abuse, and whistleblower complaint procedures available on OIG hotline or whistleblower websites. If those instructions are not clear, the complainant may contact the cognizant OIG directly for filing guidance.
Three-year filing limit
A complaint under 41 U.S.C. 4712 may not be brought more than three years after the date of the alleged reprisal. The deadline runs from the retaliatory act, so timeliness is critical.
Responsibilities
Contractor or subcontractor employee
If the employee believes they suffered discharge, demotion, or other discrimination in retaliation for protected activity, the employee must file the complaint with the appropriate agency Inspector General and do so within three years of the alleged reprisal. The employee should use the agency’s hotline, whistleblower website, or direct OIG contact instructions to submit the complaint properly.
Inspector General of the agency concerned
The cognizant OIG serves as the receiving office for complaints and should provide or direct complainants to the applicable submission procedures. The OIG is the point of contact for filing instructions and intake of fraud, waste, abuse, and whistleblower complaints.
Agency
The agency should make complaint procedures accessible, typically through OIG hotline or whistleblower internet sites, so potential complainants can find filing instructions and contact information. The agency also must ensure the complaint process is available for employees alleging reprisal under the statute.
Practical Implications
Employees should act quickly after a suspected reprisal; waiting too long can make the complaint untimely even if the underlying retaliation was serious.
The correct filing venue matters: complaints go to the agency’s Inspector General, not to the contracting officer or program office as the primary intake point.
Agency OIG websites are often the fastest way to find the right form, hotline, or submission method, but direct contact with the OIG is appropriate if instructions are unclear.
The three-year limit is a common pitfall; employees and counsel should track the date of the alleged retaliatory action, not the date they later discovered the legal significance of that action.
This section is procedural only; it tells you where and when to file, but it does not itself describe the full investigative or remedial process after the complaint is submitted.
Official Regulatory Text
A contractor or subcontractor employee who believes that he or she has been discharged, demoted, or otherwise discriminated against contrary to the policy in 3.903 may submit a complaint with the Inspector General of the agency concerned. Procedures for submitting fraud, waste, abuse, and whistleblower complaints are generally accessible on agency Office of Inspector General hotline or whistleblower internet sites or the complainant may directly contact the cognizant Office of the Inspector General for submission instructions. A complaint by the employee may not be brought under 41 U.S.C. 4712 more than three years after the date on which the alleged reprisal took place.