FAR 3.907-3—Procedures for filing complaints.
Plain-English Summary
FAR 3.907-3 explains how an employee files a complaint alleging reprisal for protected disclosures under Recovery Act Section 1553, and what happens if a contracting officer receives such a complaint. It covers the proper recipient for the complaint, the required contents of the complaint, and the forwarding duties of the contracting officer. In practice, this section is designed to make whistleblower reprisal complaints reach the agency Inspector General quickly and with enough detail to identify the contract and the alleged retaliation. It also helps ensure complaints are routed through the agency’s established internal channels, including any other designated officials such as agency legal counsel. For contractors and contracting personnel, the section matters because it sets the procedural path for allegations of retaliation tied to Recovery Act-funded contracts and reduces the risk that a complaint will be mishandled or delayed.
Key Rules
File with the Inspector General
An employee who believes they suffered prohibited reprisal may submit the complaint to the Inspector General of the agency that awarded the contract. This is the designated intake point for these allegations.
Complaint must be signed
The complaint must be signed. A signed complaint helps establish that the allegation is formally made and attributable to the complainant.
Identify the contractor and contract
The complaint must include the contractor’s name and the contract number if known. If the number is unknown, the complainant must provide a description reasonably sufficient to identify the contract or contracts involved.
Describe the protected disclosure
The complaint must state the covered information that was disclosed and the nature of the disclosure that allegedly led to the discriminatory act. This links the reprisal claim to the protected whistleblower activity.
State the reprisal details
The complaint must describe the specific nature of the reprisal and the date it occurred. This gives the agency enough information to assess timeliness and investigate the alleged adverse action.
Contracting officer forwarding duty
If a contracting officer receives a complaint of this type, the officer must forward it to the Office of Inspector General and to other designated officials in accordance with agency procedures, such as agency legal counsel.
Responsibilities
Employee/Complainant
Submit a signed complaint to the agency Inspector General alleging reprisal prohibited by Recovery Act Section 1553. Include the contractor name, contract identification information, the protected disclosure, the nature of the disclosure, and the specific reprisal and date.
Inspector General
Serve as the receiving office for reprisal complaints under this section and handle the complaint through the agency’s investigative or review process as applicable.
Contracting Officer
If the contracting officer receives a reprisal complaint, promptly forward it to the Office of Inspector General and any other officials designated by agency procedures, such as legal counsel.
Agency
Establish and follow internal procedures for routing reprisal complaints to the Inspector General and other designated officials, ensuring complaints are handled consistently and promptly.
Practical Implications
Employees should provide as much identifying detail as possible, especially the contract number, because vague complaints can slow down intake and investigation.
A missing signature or missing date/nature of reprisal can create avoidable processing delays or questions about whether the complaint is complete.
Contracting officers should not try to investigate or resolve the reprisal complaint on their own unless agency procedures specifically assign them a role; their key duty here is prompt forwarding.
Agency procedures matter because this section expressly allows routing to other designated officials, so contractors and COs should know the local reporting chain.
For contractors, this section is a reminder that whistleblower reprisal allegations tied to Recovery Act contracts may be escalated outside the contracting office and into the Inspector General process quickly.
Official Regulatory Text
(a) An employee who believes that he or she has been subjected to reprisal prohibited by the Recovery Act, Section 1553 as set forth in 3.907-2 , may submit a complaint regarding the reprisal to the Inspector General of the agency that awarded the contract. (b) The complaint shall be signed and shall contain- (1) The name of the contractor; (2) The contract number, if known; if not, a description reasonably sufficient to identify the contract(s) involved; (3) The covered information giving rise to the disclosure; (4) The nature of the disclosure giving rise to the discriminatory act; and (5) The specific nature and date of the reprisal. (c) A contracting officer who receives a complaint of reprisal of the type described in 3.907-2 shall forward it to the Office of Inspector General and to other designated officials in accordance with agency procedures ( e.g. , agency legal counsel).