New DFARS Rule Reiterates: Don’t Retaliate Against Whistleblowers

The final DFARS rule implementing whistleblower protections for prime and subcontractor employees became effective on February 28, 2014.  This rule, found at subpart 203.9, sets forth policies and procedures for protecting whistleblowers, handling complaints, and imposing remedies. The subpart applies to DOD contractors (excluding those in the intelligence community), regardless of size, at the prime and subcontract levels, in lieu of the requirements of FAR 3.903 and 3.905. Under the rule, DOD contractors and subcontractors are prohibited from “discharging, demoting, or otherwise discriminating against” any employee in retaliation for the employee’s disclosure to certain entities of information related to: gross mismanagement, abuse of authority, or violations of law, rule or regulation concerning DOD contracts; gross waste of DOD funds; or dangers to public health or safety.