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Department of Energy Acquisition Regulation (DEAR) Subpart 903.9: Whistleblower Protections for Contractor Employees

Stakeholders: DOE Contractor employees

Scope: This subpart of DEAR implements the DOE Contractor Employee Protection Program as set forth at 10 CFR part 708. This establishes the criteria and procedures for the investigation, hearing, and review of allegations from DOE contractor employees of employer reprisal resulting from employee disclosure of any work-related information or participation in any whistle blowing activities.

Summary: Subpart 903.900-971 provides the relevant Whistleblower Protections for Contractor Employees. Below is the relevant section:

  • Subpart 903.9 — Whistleblower Protections for Contractor Employees

    903.900 Scope of subpart.
    This subpart implements the DOE Contractor Employee Protection Program as set forth at 10 CFR Part 708. Part 708 establishes criteria and procedures for the investigation, hearing, and review of allegations from DOE contractor employees of employer reprisal resulting from employee disclosure of information to DOE, to members of Congress, or to the contractor; employee participation in proceedings before Congress or pursuant to this subpart; or employee refusal to engage in illegal or dangerous activities, when such disclosure, participation, or refusal pertains to employer practices which the employee believes to be unsafe; to violate laws, rules, or regulations; or to involve fraud, mismanagement, waste, or abuse.

    903.902 Applicability.

    10 CFR part 708 is applicable to complaints of retaliation filed by employees of contractors, and subcontractors, performing work on behalf of DOE directly related to DOE-owned or leased facilities, if the complaint stems from a disclosure, participation, or refusal described in 10 CFR 708.5.

    903.970 Remedies.

    (a) Contractors found to have retaliated against an employee in reprisal for such disclosure, participation or refusal are required to provide relief in accordance with decisions issued under 10 CFR part 708.
    (b) 10 CFR Part 708 provides that for the purposes of the Contract Disputes Act (41 U.S.C. 605 and 606), a final decision issued pursuant to 10 CFR Part 708 shall not be considered to be a claim by the Government against a contractor or a decision by the contracting officer subject to appeal. However, a contractor's disagreement and refusal to comply with a final decision could result in a contracting officer's decision to disallow certain costs or to terminate the contract for default. In such case, the contractor could file a claim under the Disputes clause of the contract regarding the disallowance of cost or the termination of the contract.

    903.971 Contract clause.

    The contracting officer shall insert the clause at 952.203-70, Whistleblower Protection for Contractor Employees, in contracts that involve work to be done on behalf of DOE directly related to activities at DOE-owned or leased sites.

DEAR 903.9