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(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 Act of <br />1947 (50 U.S.C, 3003(4)). This section does not apply to any disclosure made by an employee of a <br />contractor or subcontractor of an element of the intelligence community if such disclosure- <br />(I) Relates to an activity of an element of the Intelligence community; or <br />(it) Was discovered during contract or subcontract services provided to ail element of the <br />intalligernce 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 with the mission of <br />the executive agency concerned or the successful performance of a contract of such agency. <br />'inspector General" means an Inspector General appointed under the Inspector General Act of 1978 and any <br />Inspector General that receives funding from, or has oversight over contracts awarded for, or on behalf of, the <br />executive agency concerned, <br />3.908.3 Policy. <br />(a) Contractors and subcontractors are prohibited from discharging, demoting, or otherwise discriminating against <br />an employee as a reprisal for disclosing, to any of the entitles listed at paragraph (b) of this subsection, <br />information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract, a <br />gross waste of Federal funds, an abuse of authority relating to a Federal contract, a substantial and specific <br />danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including <br />the competition for or negotiation of a contract). A reprisal is prohibited even if it Is undertaken at the request of an <br />executive branch official, unless the request takes the form of a non - discretionary directive and is within the <br />authority of the executive branch official making the request. <br />(b) Entities to whom disclosure maybe 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 />(5) An authorized official of the Department of Justice or other law enforcement agency. <br />(8) A court or grand jury. <br />(7) A management official or other employee of the contractor or subcontractor who has the responsibility <br />to investigate, discover, or address misconduct. <br />(c) An employee who initiates or provides evidence of contractor or subcontractor misconduct in any judicial or <br />administrative proceeding relating to waste, fraud, or abuse on a Federal contract shall be deemed to have made <br />a disclosure. <br />3.908 -9 Contract clause. <br />Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Sept. <br />201 3) <br />(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies <br />in the pilot program on Contractor employee whistleblower protections established at 1 U 5,C,u, 4718 by section <br />828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112.239) and FAR 3,908. <br />(b) The Contractor shall inform its employees to writing, in the predominant language of the workforce, of <br />employee whistleblower tights and protections under A] U,S,C, 4Z?, as described in section 3. ,908 of the Federal <br />Acquisition Regulation. <br />(c) The Contractor shall Insert the substance of this clause, including this paragraph (c), in all subcontracts over <br />the simplified acquisition threshold. <br />A .MENTS <br />