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Purpose of this term and condition, should be read as "grant," "grantee," "subgrant," or <br />"subgrantee" ): <br />31908 Pilot program for enhancement of contractor employes whistieblower protections <br />3.908 -1 Scope of section. <br />(a) This section implements Al U.S.C. 4712. <br />(b) This section does not apply to- <br />(1) DOD, NASA, and the Coast Guard; or <br />(2) Any element of the intelligence community, as defined in section 3(4) of the National Security <br />Act of 1947 (60 U,S,C. 3003(4)). This section does not apply to any discosure made by an <br />employee of a contractor or subcontractor of an element of the intelligence community if such <br />disclosure. <br />Relates to an <br />discovered during ng contract or subcontract) sere services provided or <br />element of the <br />intelligence community, <br />3.908 -2 Definitions. <br />As used in this section- <br />"Abuse of authority" means an arbitrary and capricious exercise of authority that is Inconsistent <br />With the mission of the executive agency concerned or the successful performance of a contract <br />of such agency. <br />"Inspector General" means an Inspector General appointed under the Inspector General Act of <br />1978 and any Inspector General that receives funding from, or has oversight over contracts <br />awarded for, or on behalf of, the executive agency concerned. <br />3.908 -3 Policy, <br />(a) Contractors and subcontractors are prohibited from discharging, demoting, or otherwise <br />discriminating against an employee as a reprisal for disclosing, to any of the entities listed at <br />paragraph (b) of this subsection, Information that the employee reasonably believes is evidence <br />of gross mismanagement of a Federal contract, a gross waste of Federal funds, an abuse of <br />authority relating to a Federal contract, a substantial and specific danger tc public health or <br />sefety, or a violation of law, rule, or regulation related to a Federal contract (including the <br />competition for or negotiation of a contract). A reprisal is prohibited even if it is undertaken at the <br />request of an executive branch official, unless the request takes the form of a no dertare n at th <br />directive and Is within the authority of the executive branch official making the request. <br />(b) Entities to whore disclosure may be made, <br />(1) A Member of Congress or a representative of a committee of Congress. <br />(2) An Inspector General <br />(3) The Government Accountability Office, <br />(4) A Federal employee responsible for contract oversight or management at the relevant agency. <br />(6) An authorized official of the Department of Justice or other law enforcement agency. <br />(6) A court or grand jury. <br />(7) A management official or other employee of the contractor or subcontractor who has the <br />responsibility to investigate, discover, or address misconduct. <br />(c) An employee who initiates or provides evidence of contractor or subcontractor misconduct in <br />any judicial or administrative proceeding relating to waste, fraud, or abuse on a Federal contract <br />shall be deemed to have made a disclosure. <br />3.908.9 Contract clause. <br />Contractor Employee Whistleblower Rights and Requirement to Inform employees of <br />Whistleblower Rights (Sept. 2013) <br />(a) This contract and employees working on this contract will be subject to the whistieblower <br />rights and remedies in the pilot program on Contractor employee whistleblower protections <br />established at 41 U S C. 4712 by section 828 of the National Defense Authorization Act for Fiscal <br />Year 2013 (Pub. L. 112 -239) and FAR 3 .908. <br />Page 12 of 16 <br />„ 20A -55 <br />