Notice: Contractor Employee Whistleblower Rights

The applicable award and all subrecipient employees, as well as any lower tier subaward recipients and their employees working under this Agreement and all Subcontracts and Subawards issued thereunder (“Contractor/Subcontractor/Subaward Employees” collectively referred to as “Recipient of Funds”) will be subject to the whistleblower rights and remedies in the “Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights”, in accordance to FAR 52.203-17 and as established under Section 828 of the National Defense Authorization Act for Fiscal Year 2013 (PUB. L. 112-239). Congress has enacted a law, codified under 41 U.S.C. 4712 and amendments thereto, “Enhancement of Contractor Protection from Reprisal for Disclosures of Certain Information”, encouraging employees to report fraud, waste, and abuse. This law applies to all employees working for contractors, grantees, subcontractors and subgrantees on federal grants and contracts (for the purpose of this document, “Recipient of Funds”).

This program requires all contractors, grantees, their subgrantees and subcontractors to:

  • Inform their employees working on any Federal award they are subject to the whistleblower rights and remedies of the enhancement program;
  • Inform their employees in writing of employee whistleblower protections under 41 U.S.C. 4712 in the predominant native language of the workforce; and,
  • Contractors and grantees will include such requirements in any agreement made with a subcontractor or subgrantee.

Employees of a contractor, subcontractor, grantee (or subgrantee) may not be discharged, demoted, or otherwise discriminated against as reprisal for “whistleblowing”. In addition, whistleblower protections cannot be waived by any agreement, policy, form, or condition of employment.

Whistleblowing is defined as making a disclosure “that the employee reasonably believes is evidence of any of the following:

  • Gross mismanagement of a federal contract or grant;
  • A gross waste of federal funds;
  • An abuse of authority relating to a federal contract or grant;
  • A substantial and specific danger to public health or safety; or,
  • A violation of law, rule, or regulation related to a federal contract or grant (including the competition for, or negotiation of, a contract or grant).

To qualify under the statute, the employee’s disclosure must be made to:

  • A Member of Congress or a representative of a Congressional committee;
  • An Inspector General;
  • The Government Accountability Office;
  • A federal employee responsible for contract or grant oversight or management at the relevant agency;
  • An official from the Department of Justice, or other law enforcement agency;
  • A court or grand jury; or,
  • A management official or other employee of the contractor, subcontractor, grantee, or subgrantee who has the responsibility to investigate, discover, or address misconduct.

The Recipient of Funds acknowledges and hereby certifies that, as a condition of receiving funds, it has complied with the terms of FAR 52.203-17 and 41 U.S.C. 4712, “Enhancement of Contractor Protection from Reprisal for Disclosures of Certain Information”, as amended, and has informed its employees in writing and in the predominant native language of the workforce, that by working on any Federal award, the employees are subject to the whistleblower rights and remedies.