FAR 3.907-7—Contract clause.
Plain-English Summary
FAR 3.907-7 is a very short but important implementation rule for the American Recovery and Reinvestment Act (Recovery Act). It tells contracting officers to include the contract clause at 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009, in every solicitation and contract that is funded in whole or in part with Recovery Act funds. In practice, this section is about ensuring that recipients of Recovery Act money are on notice that whistleblower protections apply and that employees are protected when they disclose certain information about gross mismanagement, gross waste, abuse of authority, or substantial and specific dangers to public health or safety. The section does not describe the whistleblower rights in detail; instead, it is the clause-insertion instruction that makes those rights part of the procurement. For contracting officers, the key significance is compliance: if Recovery Act funding is present, the clause must be included. For contractors, the practical effect is that the contract will carry specific employee-protection obligations tied to Recovery Act-funded work.
Key Rules
Insert the required clause
Contracting officers must use FAR clause 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009, in all solicitations and contracts covered by this section.
Applies to Recovery Act funding
The clause is required whenever a solicitation or contract is funded in whole or in part with Recovery Act funds. Even partial Recovery Act funding triggers the requirement.
Coverage includes solicitations and contracts
The instruction applies at both the pre-award stage and after award, so the clause must appear in solicitations as well as in resulting contracts.
Purpose is whistleblower protection
The clause implements statutory whistleblower protections for covered disclosures related to Recovery Act-funded work, helping ensure employees can report serious wrongdoing without retaliation.
No discretion to omit
This section is mandatory, not optional. If the funding source falls within the rule, the contracting officer must include the clause rather than deciding case by case whether it is useful.
Responsibilities
Contracting Officer
Identify whether the solicitation or contract is funded in whole or in part with Recovery Act funds and include FAR 52.203-15 in the solicitation and resulting contract whenever the rule applies.
Agency
Ensure acquisition personnel use the required clause in Recovery Act-funded procurements and maintain internal controls so the clause is not omitted from covered actions.
Contractor
Accept and flow down the contract terms as awarded, and understand that Recovery Act-funded work carries whistleblower protection obligations and related employee-rights requirements.
Employees/Workforce
Use the whistleblower protections provided by the clause and report covered concerns through appropriate channels without fear of prohibited retaliation.
Practical Implications
The main day-to-day task is funding identification: if any part of the procurement uses Recovery Act money, the clause must be included.
A common pitfall is assuming the clause is unnecessary because Recovery Act funding is only partial; the rule still applies when funding is only in part.
Contracting officers should verify clause inclusion early, ideally at solicitation drafting, so the contract does not need a post-award correction.
Contractors should treat the clause as a compliance and workforce-management issue, since it affects employee reporting rights and anti-retaliation expectations.
Because this section is only the clause-insertion instruction, users should read the text of FAR 52.203-15 to understand the substantive whistleblower protections and remedies.
Official Regulatory Text
Use the clause at 52.203-15 , Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009, in all solicitations and contracts funded in whole or in part with Recovery Act funds.