C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER A—GENERAL › PART 3—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST › Subpart 3.9—Whistleblower Protections for Contractor Employees

48 C.F.R. § 3.900

3.900 Scope of subpart.

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This subpart implements various statutory whistleblower programs. This subpart does not implement 10 U.S.C. 4701, which is applicable only to DoD, NASA, and the Coast Guard.

(a) 41 U.S.C. 4712 is implemented in 3.900 through 3.906. These sections do not apply to—

(1) DoD, NASA, and the Coast Guard; or

(2) Any element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). Sections 3.900 through 3.906 do not apply to any disclosure made by an employee of a contractor or subcontractor of an element of the intelligence community if such disclosure—

(i) Relates to an activity of an element of the intelligence community; or

(ii) Was discovered during contract or subcontract services provided to an element of the intelligence community.

(b) Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), is implemented in 3.909, which is applicable to all agencies.

(c) Section 3.907 of this subpart implements section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5), and applies to all contracts funded in whole or in part by that Act.

[88 FR 69520, Oct. 5, 2023]
Notes of Decisions
Cited in 2 cases, 2019–2020 · leading case: Brown v. Jacobs Tech., Inc. (D. Maryland 2019).
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Brown v. Jacobs Tech., Inc. (D. Maryland 2019). “§ 4712 ; 48 C.F.R. 3.900; 48 C.F.R. 3.908–1. Section 828 prohibits a government contractor from discriminating against an employee “as a reprisal for disclosing .”
Weisel v. Kaimetrix, LLC (D. Maryland 2020). “Section □□□□□ applies to contractors working with “DoD, NASA, and the Coast Guard,” 48 C.F.R. § 3.900 , while section 4712 applies to contractors working for other federal agencies—excluding “DoD, NASA, and the Coast Guard,” 48 C.”
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