FAR 52.203-15—Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009.
Plain-English Summary
FAR 52.203-15 implements the Recovery Act whistleblower notice requirement for contracts funded with American Recovery and Reinvestment Act of 2009 (Recovery Act) funds. This clause addresses two core topics: the contractor’s duty to post notice of employee rights and remedies under section 1553 of the Recovery Act, and the contractor’s duty to flow the clause down to covered subcontracts. In practice, the clause is a compliance and labor-relations requirement designed to make workers aware that they may report certain misuse of Recovery Act funds and may be protected from retaliation. It does not itself create the whistleblower rights; rather, it requires contractors to inform employees of rights and remedies that already exist under the statute. For contracting officers and contractors, the practical significance is straightforward: if Recovery Act funding is involved, the notice must be posted and the clause must be included in applicable subcontracts, or the contractor risks noncompliance with contract terms and potential downstream disputes.
Key Rules
Post employee notice
The contractor must post notice of employees’ rights and remedies for whistleblower protections under section 1553 of the Recovery Act. The posting requirement is affirmative and ongoing, meaning the notice must be made available in a place where employees can reasonably see it.
Use Recovery Act whistleblower rights
The notice must refer to the whistleblower protections provided by section 1553 of the American Recovery and Reinvestment Act of 2009. The clause is tied specifically to Recovery Act whistleblower protections, not to general whistleblower laws unless those are separately applicable.
Flow down to subcontracts
The contractor must include the substance of the clause, including paragraph (b), in all subcontracts funded in whole or in part with Recovery Act funds. This ensures subcontractor employees are also informed and that the requirement follows the Recovery Act money through the contracting chain.
Applies only to funded work
The subcontract flowdown applies when the subcontract is funded in whole or in part with Recovery Act funds. Contractors should identify which subcontracts receive any Recovery Act funding and apply the clause accordingly.
Clause is mandatory when prescribed
The clause is used when prescribed by FAR 3.907-7. When the prescription applies, the contracting officer must include the clause in the solicitation or contract, and the contractor must comply with its terms.
Responsibilities
Contracting Officer
Include FAR 52.203-15 when the prescription in FAR 3.907-7 applies, and ensure the contract clearly identifies Recovery Act-funded work so the contractor knows the posting and flowdown obligations.
Contractor
Post notice of employee whistleblower rights and remedies under section 1553 of the Recovery Act, maintain that posting as required, and include the substance of the clause in all covered subcontracts funded in whole or in part with Recovery Act funds.
Subcontractor
Comply with the flowed-down whistleblower notice requirements in the subcontract and ensure employees are informed of the applicable Recovery Act whistleblower protections.
Agency
Support proper implementation of Recovery Act requirements by identifying covered funding and ensuring contract administration practices reflect the whistleblower notice and flowdown obligations.
Practical Implications
Contractors should verify whether any portion of the contract or subcontract is funded with Recovery Act money before deciding whether the clause and flowdown apply.
The posting requirement is easy to overlook because it is administrative, but failure to post can still be a contract compliance issue.
Prime contractors should not assume the requirement stops at the prime level; it must be pushed down to covered subcontracts.
Contract language should be reviewed carefully so the subcontract clause is included in substance, not merely referenced in a vague way.
Because the clause is tied to a specific statute, contractors should make sure the posted notice accurately describes the Recovery Act whistleblower rights and remedies rather than using a generic whistleblower poster.
Official Regulatory Text
As prescribed in 3.907-7 , use the following clause: Whistleblower Protections Under The American Recovery And Reinvestment Act of 2009 (June 2010) (a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act). (b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts that are funded in whole or in part with Recovery Act funds. (End of clause)