1. Regulations
  2. title 48
  3. chapter 18
  4. part 1852
  5. subpart 1852.2
  6. § 1852.216-90

View all text of Subpart 1852.2 [1852.203-70 - 1852.247-73]

1852.216-90 - 1852.216-90 Allowability of legal costs incurred in connection with a whistleblower proceeding.

As prescribed in 1816.307-70(g), use the following clause:

Allowability of Legal Costs Incurred In Connection with a Whistleblower Proceeding (JUL 2023)

Pursuant to section 827 of the National Defense Authorization Act for Fiscal year 2013 (Pub. L. 112-239), notwithstanding FAR clause 52.216-7, Allowable Cost and Payment—

(1) The restrictions of FAR 31.205-47(b) on allowability of costs related to legal and other proceedings also apply to any proceeding brought by a contractor employee submitting a complaint under 10 U.S.C. 4701, entitled “Contractor employees: protection from reprisal for disclosure of certain information;” and

(2) Costs incurred in connection with a proceeding that is brought by a contractor employee submitting a complaint under 10 U.S.C. 4701 are also unallowable if the result is an order to take corrective action under 10 U.S.C. 4701.

(End of clause) [79 FR 43961, July 29, 2014, as amended at 79 FR 51501, Aug. 29, 2014; 80 FR 61994, Oct. 15, 2015; 88 FR 47808, July 25, 2023]

AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR chapter 1.

SOURCE: 54 FR 28340, July 5, 1989, unless otherwise noted.

CITE AS: 48 CFR 1852.216-90