NASA Federal Acquisition Regulation Supplement (NFS): Contractor Whistleblower Protections
A Rule by the
Entry Type: Rule
Action: Interim rule.
Document Citation: 79 FR 43958
Page: 43958 -43961 (4 pages)
CFR: 48 CFR 1803
48 CFR 1816
48 CFR 1852
Document Number: 2014-17728
Shorter URL: https://federalregister.gov/a/2014-17728
Comment date: Comments on this interim rule should be submitted in writing to the address shown below on or before
Interested parties may submit comments, identified by RIN number 2700-AE08 via the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments may also be submitted to
FOR FURTHER INFORMATION CONTACT:
This interim rule revises the NFS to implement a policy providing whistleblower protections for contractor and subcontractor employees. This rule implements 10 U.S.C. 2409 as amended by section 846 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181) and section 827 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239). Section 846, entitled Protection of Contractor Employees from Reprisal for Disclosure of Certain Information, and Section 827, entitled "Enhancement of Whistleblower Protections for Contractor Employees," made extensive changes to 10 U.S.C. 2409, entitled "Contractor employees: protection from reprisal or disclosure." Paragraph (g) of section 827 amended paragraph (k) of 10 U.S.C. 2324, "Allowable costs under defense contracts" which is also applicable to
Paragraph 827(i)(1) specifies that the amendments made by section 827 are applicable to--
Contracts awarded on or after the effective date;
Task orders entered into on or after the effective date, pursuant to contracts awarded before, on, or after such date; and
Contracts awarded before the effective date, which are modified to include a contract clause providing for the applicability of such amendments.
Paragraph 827(i)(3) requires that at the time of any major modification to a contract that was awarded before the effective date, the head of the contracting agency shall make best efforts to include, in the contract, a clause providing for the applicability to the contract of the amendments made by section 827.
Section 846 of the NDAA for FY 2008 and Section 827 of the NDAA for FY 2013 created a standalone statute for
The FAR also incorporates sections 827(g) and 828(d) of the NDAA for FY 2013 (Pub. L. 112-239); see FAR Case 2013-017, 78 FR 60173, http://www.gpo.gov/fdsys/pkg/FR-2013-09-30/pdf/2013-23764.pdf, which address legal costs incurred by a contractor in connection with a proceeding commenced by a contractor employee submitting a complaint under the applicable whistleblower section.
[*Federal RegisterVJ 2014-07-29]
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