FAR 3.904-2—Procedures for investigating complaints.
Plain-English Summary
FAR 3.904-2 explains the required procedure for investigating complaints under the whistleblower protections tied to 41 U.S.C. 4712(b). It covers how the investigation must be conducted, who must receive the Inspector General’s report of findings after the investigation is complete, and the right of the complainant, contractor, and/or subcontractor to submit a written response. The section is important because it ensures complaints are handled through a formal, protected process rather than ad hoc agency action, and it builds in notice and response rights for both the whistleblower and the accused contractor or subcontractor. In practice, this means the agency must coordinate closely with the Office of Inspector General, provide the report to the required parties, and preserve enough time for responses so the agency head can act within the 30-day deadline in 3.905-1(a).
Key Rules
Investigate Under Statute
Complaints must be investigated in accordance with 41 U.S.C. 4712(b). This means the agency cannot invent a separate process that conflicts with the statutory whistleblower investigation requirements.
Distribute Findings Report
After the investigation is complete, the head of the agency must ensure the Inspector General’s report of findings is provided to the agency head, the complainant and any person acting on the complainant’s behalf, and the contractor and/or subcontractor alleged to have committed the violation.
Allow Written Responses
The complainant, contractor, and/or subcontractor must be given an opportunity to submit a written response to the report of findings. The response must be directed to the head of the agency and the Office of Inspector General.
Preserve Action Timeline
The response opportunity must be provided in a time and manner that allows the agency head to take action no later than 30 days after receiving the report, as required by 3.905-1(a). The process must therefore be managed to avoid delaying the agency’s decision deadline.
Responsibilities
Head of the Agency
Ensure the Inspector General’s report of findings is provided to all required parties and that the response process is handled quickly enough to support agency action within 30 days after receipt of the report.
Office of Inspector General
Conduct the investigation in accordance with 41 U.S.C. 4712(b) and prepare the report of findings; receive any written responses submitted by the parties.
Complainant
Review the report of findings and, if desired, submit a written response to the head of the agency and the Office of Inspector General within the time and manner allowed.
Person Acting on Behalf of the Complainant
If applicable, review the report of findings and submit a written response on the complainant’s behalf within the permitted timeframe.
Contractor and/or Subcontractor Alleged to Have Committed the Violation
Review the report of findings and may submit a written response to the head of the agency and the Office of Inspector General within the allowed time and manner.
Practical Implications
Agencies must build the complaint process around the statutory deadline, not around convenience, because the response period must still leave time for agency action within 30 days of receiving the report.
Contractors and subcontractors should expect to receive the findings report and should prepare a factual, concise written response quickly if they want to contest the findings or provide context.
Complainants should understand that they are entitled to see the findings report and respond, but they must do so within the agency’s prescribed timing and submission method.
A common pitfall is failing to give the report to every required recipient, especially the complainant’s representative or the accused subcontractor, which can create process defects.
Another common issue is allowing the response period to run too long, which can jeopardize the agency head’s ability to act within the required 30-day window.
Official Regulatory Text
(a) Investigation of complaints will be in accordance with 41 U.S.C. 4712(b) . (b) Upon completion of the investigation, the head of the agency shall ensure that the report of findings has been provided by the Inspector General to the head of the agency and to— (1) The complainant and any person acting on the complainant's behalf; and (2) The contractor and/or subcontractor alleged to have committed the violation. (c) The complainant, contractor, and/or subcontractor shall be afforded the opportunity to submit a written response to the report of findings to the head of the agency and the Office of Inspector General in a time and manner that permits the agency head to take action not later than 30 days after receiving the report, as required by 3.905–1(a).