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Notice to Employees on Federal Grants and Contracts Regarding Enhanced Whistleblower Protections

Employees working on a federal contract, grant, cooperative agreement or on a subaward under such federal awards, are provided enhanced whistleblower protections from reprisal for disclosure of certain information.   

In general, under the applicable statutes*,  employees  of a contractor, subcontractor, grantee, or subgrantee are prohibited from being discharged, demoted, or otherwise discriminated against as a reprisal for disclosing information that the employee reasonably believes is evidence of 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 (including the competition for or negotiation of a contract) or grant.    

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

1. A Member of Congress or a representative of a committee of Congress.
2. An Inspector General.
3. The Government Accountability Office.
4. A Federal employee responsible for contract or grant oversight or management at the relevant agency.
5. An authorized official of the Department of Justice or other law enforcement agency.
6. A court or grand jury.
7. A management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct.

Full content of the statutes and implementing regulations, including procedures for filing complaints, can be accessed below.   

Federal Statutes*
41 U.S.C. §4712
10 U.S.C. §2409

48 CFR 203.9, Whistleblower Protections for Contractor Employees

*41 U.S.C. §4712 is not applicable to DoD,or NASA awards, which are subject to 10 U.S.C. §2409.  Neither section is applicable to any element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947, or to any disclosure made by an employee of a contractor, subcontractor, or grantee of an element of the intelligence community if such disclosure relates to an activity of an element of the intelligence community or was discovered during contract/subcontract services provided to an element of the intelligence community.