95-22779. Federal Acquisition Regulation; Whistleblower Protections for Contractor Employees (Ethics)

[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Rules and Regulations]
[Page 48258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22779]



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DEPARTMENT OF DEFENSE
48 CFR Part 3

[FAC 90-32; FAR Case 94-803; Item IV]
RIN 9000-AG16


Federal Acquisition Regulation; Whistleblower Protections for 
Contractor Employees (Ethics)

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Technical amendment to final rule.

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SUMMARY: At 60 FR 37774, July 21, 1995, a final rule was issued 
pursuant to the Federal Acquisition Streamlining Act of 1994, Public 
Law 103-355 (the Act). The Federal Acquisition Regulatory Council is 
now issuing an Applicability Date, in addition to the Effective Date, 
of the regulation.

DATES: Effective Date: September 19, 1995.
    Applicability Date: This regulation will apply to contracts in 
existence as of September 19, 1995, for reprisals to Government 
contractor employees occurring on or after that date. The remedy 
provided by this regulation does not apply to contracts otherwise 
covered by provisions of 10 U.S.C. 2409a.

FOR FURTHER INFORMATION CONTACT: Mr. Julius Rothlein, Ethics Team 
Leader, at [phone] in reference to this FAR case.

SUPPLEMENTARY INFORMATION:

Background:

    FAC 90-30, FAR case 94-803, implemented Sections 6005 and 6006 of 
the Act, Whistleblower Protections for Contractor Employees. These 
protections are now virtually identical for contractors employed by 
both DOD and civilian agencies.
    The rule as originally published did not specifically discuss the 
extent of retroactivity. The rule did not require a contract clause. To 
clarify this, the FAR Council is establishing the extent of the rule's 
retroactivity.
    Some existing Department of Defense contracts contain a contractor 
employee whistleblower clause, based on prior statute (10 U.S.C. 
2409a). That law was narrower in scope and only applied to certain DoD 
contracts.

    Dated: September 7, 1995.
Edward C. Loeb,
Deputy Project Manager for the Implementation of the Federal 
Acquisition Streamlining Act of 1994.
[FR Doc. 95-22779 Filed 9-15-95; 8:45 am]
BILLING CODE 6820-EP-P