DATE: October 5, 2017
TO: Procurement Directors/Contracting Officers
Contract and Financial Assistance Policy Division
Office of Policy
Office of Acquisition Management
SUBJECT: FAR Class Deviation for Whistleblower Protections for Contractor
SUMMARY: The attached class deviation adds back into the FAR the subject protections that were made permanent by law in December 2016, but expired in the FAR in July. The deviation is effective immediately and revises FAR part 3; the clause matrix; and FAR clauses 52.212-41 and 52.212-52. The deviation remains in effect until the FAR is revised permanently.
The law making the protections permanent require HCAs to make their "best efforts" to include FAR clause 52.203-173 at the time of any major modification to non-commercial contracts valued over the SAT that was awarded prior to this deviation. This requirement applies if there is more than a year left of contract performance. Commercial item contracts meet the requirements of the law if they contain 52.212-4 as it contains the protections via paragraph (r). Subsequent to issuance of this deviation, the protections for commercial item contracts will move to 52.212-5.
Questions concerning this policy flash should be emailed to DOE_OAPMPolicy@doe.gov.
1 52.212-4 -- Contract Terms and Conditions -- Commercial Items
2 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items
3 52.203-17 – Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights