FAR 3.907-4—Procedures for investigating complaints.
Plain-English Summary
FAR 3.907-4 is a very short cross-reference provision that tells readers how complaints under this subpart must be investigated: the investigation process must follow section 1553 of the Recovery Act. In practical terms, this section does not create a separate, stand-alone investigation procedure inside the FAR; instead, it directs agencies, contracting personnel, and other officials to use the Recovery Act’s statutory complaint-investigation framework when handling complaints covered by FAR 3.907. The section matters because it ties the FAR’s whistleblower-related complaint process to the specific legal requirements Congress established for Recovery Act funds, helping ensure consistency, due process, and proper handling of allegations. For contractors and agency personnel, the key takeaway is that any complaint investigation under this section must be conducted under the Recovery Act’s rules, not by ad hoc local practice. This means the controlling details—such as who may complain, what conduct is covered, and how the investigation proceeds—come from section 1553 of the Recovery Act rather than from this FAR text itself.
Key Rules
Use Recovery Act procedures
Complaints must be investigated in accordance with section 1553 of the Recovery Act. The FAR section is a directive to follow that statute, so the statutory process controls the investigation.
No separate FAR process
This section does not spell out its own investigative steps, timelines, or standards. Users must look to the Recovery Act for the operative complaint-investigation requirements.
Applies to covered complaints
The rule applies only to complaints within the scope of FAR 3.907 and the Recovery Act whistleblower framework. It is not a general complaint-handling rule for all federal contract disputes or allegations.
Responsibilities
Agency
Ensure that complaints covered by this section are investigated under section 1553 of the Recovery Act and that internal handling aligns with the statutory process.
Contracting Officer
Route or coordinate covered complaints through the proper Recovery Act investigation process and avoid substituting informal or local procedures for the required statutory method.
Investigating Official or Responsible Agency Personnel
Conduct the complaint investigation in accordance with the Recovery Act’s requirements, including any applicable procedures, protections, and reporting obligations established by that statute.
Contractor
Recognize that covered complaints will be handled under the Recovery Act framework and respond appropriately to any investigation conducted under that authority.
Practical Implications
This section is mainly a pointer to the governing statute, so users must read section 1553 of the Recovery Act to understand the actual investigation process.
A common mistake is assuming the FAR text itself contains the full procedure; it does not, so relying only on this section can lead to incomplete or incorrect handling.
Contracting personnel should verify whether a complaint is actually within the Recovery Act whistleblower framework before applying these procedures.
Because the investigation rules come from statute, agencies should be careful not to add extra local steps that conflict with or delay the required process.
For contractors, the practical impact is that complaints tied to Recovery Act coverage may trigger a formal statutory investigation rather than an informal internal review.
Official Regulatory Text
Investigation of complaints will be in accordance with section 1553 of the Recovery Act.