§ 252.216-7009 - Allowability of legal costs incurred in connection with a whistleblower proceeding.

252.216-7009 Allowability of legal costs incurred in connection Legal Costs Incurred in Connection with a whistleblower proceeding.

Cross Reference

Link to an amendment published at 87 FR 76997, Dec. 16, 2022.

Whistleblower Proceeding.

As prescribed in 216.307(a), use the following clause:

Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding (SEP 2013DEC 2022)

Pursuant to section 827 of the National Defense Authorization Act for Fiscal year 2013 (Pub. L. 112-239) 10 U.S.C. 3750, notwithstanding FAR clause 52.216-7, Allowable Cost and Payment -

(1a) 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. 24094701, entitled “Contractor employees: protection from reprisal for disclosure of certain information;” and

(2b) Costs incurred in connection with a proceeding that is brought by a contractor employee submitting a complaint under 10 U.S.C. 24094701 are also unallowable if the result is an order to take corrective action under 10 U.S.C. 24094701.

(End of clause)

[78 FR 59861, Sept. 30, 2013, as amended at 87 FR 76997, Dec. 16, 2022]