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DFARS Clause ACTIVE

252.216-7009

Allowability of Legal Costs Incurred in Connection with a Whistleblower Proceeding.
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Effective Date
DEC 2022
Active Deviations
1
Versions
2 (since 2022-12-16)
DEV
This clause is modified by 1 active class deviation
  • 2026-O0045 — DFARS RFO Implementation (Part 16)
    Add clause 252.216-7009
View per-deviation details → 
252.216-7009 Allowability of Legal Costs Incurred in Connection with a Whistleblower Proceeding.

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

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

Pursuant to 10 U.S.C. 3750, notwithstanding FAR clause 52.216-7, Allowable Cost and Payment—

(a) 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. 4701, entitled "Contractor employees: protection from reprisal for disclosure of certain information;" and

(b) Costs incurred in connection with a proceeding that is brought by a contractor employee submitting a complaint under 10 U.S.C. 4701 are also unallowable if the result is an order to take corrective action under 10 U.S.C. 4701.

(End of clause)

[78 FR 59861, Sept. 30, 2013, as amended at 87 FR 76997, Dec. 16, 2022]
RFO
Prescription superseded under the RFO

The prescription shown below is from the codified eCFR. The Revolutionary FAR Overhaul relocates this clause's prescription as follows:

  • 216.307 → 216.305 (prescriptive text also revised)
  • 216.307 → 216.305 (prescriptive text also revised)

See the deviation memorandum for the current prescription authority.

View deviation: 2026-O0045 →

R-DFARS Prescription Source

This clause is prescribed in the R-DFARS by the following deviation:

  • 2026-O0045 — DFARS RFO Implementation (Part 16) (DFARS Part 216)
    Add clause 252.216-7009
216.307(a)
(a) As required by section 827 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239), use the clause at 252.216-7009, Allowability of Costs Incurred in Connection With a Whistleblower Proceeding--
(1) In task orders entered pursuant to contracts awarded before September 30, 2013, that include the clause at FAR 52.216-7, Allowable Cost and Payment; and
(2) In contracts awarded before September 30, 2013, that--
(i) Include the clause at FAR 52.216-7, Allowable Cost and Payment; and
(ii) Are modified to include the clause at DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights, dated September 2013 or later.
Prescription data sourced from eCFR as of 2026-06-10 03:16 UTC. Cross-references within the prescription are not resolved automatically.

Regulatory Stack

The layers of regulation that govern this clause, from the FAR prescription through agency-specific supplements and any active deviations.

R-DFARS R-DFARS Prescription Per Deviation 2026-O0045 (DFARS Part 216)
2026-O0045: DFARS RFO Implementation (Part 16) — DFARS Part 216

View Deviation 2026-O0045 →

DFARS DFARS Supplement (eCFR) ⚠ May be superseded by RFO 216.307(a)
(a) As required by section 827 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239), use the clause at 252.216-7009, Allowability of Costs Incurred in Connection With a Whistleblower Proceeding--
(1) In task orders entered pursuant to contracts awarded before September 30, 2013, that include the clause at FAR 52.216-7, Allowable Cost and Payment; and
(2) In contracts awarded before September 30, 2013, that--
(i) Include the clause at FAR 52.216-7, Allowable Cost and Payment; and
(ii) Are modified to include the clause at DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights, dated September 2013 or later.

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Version History

Version history is sourced from the codified eCFR. Changes published only as class deviations or by the Revolutionary FAR Overhaul do not appear here until they are incorporated into the eCFR. For RFO-driven changes see the RFO Version tab and any active deviations cited above.

2 versions tracked from 2022-12-16 to 2022-12-30.
DEC 2022 December 30, 2022 CURRENT
Removed in this version
Added in this version
Unchanged
December 16, 2022 (previous)
December 30, 2022 (current)
1 added, 45 removed
(1)
(1) 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. 2409, entitled "Contractor employees: protection from reprisal for disclosure of certain information;" and
(1)
[Removed]
1 added, 42 removed
(2)
(2) Costs incurred in connection with a proceeding that is brought by a contractor employee submitting a complaint under 10 U.S.C. 2409 are also unallowable if the result is an order to take corrective action under 10 U.S.C. 2409. (End of clause)
(2)
[Removed]
45 added, 5 removed
(a)
[Not present in prior version]
(a)
(a) 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. 4701, entitled "Contractor employees: protection from reprisal for disclosure of certain information;" and
41 added, 4 removed
(b)
[Not present in prior version]
(b)
(b) Costs incurred in connection with a proceeding that is brought by a contractor employee submitting a complaint under 10 U.S.C. 4701 are also unallowable if the result is an order to take corrective action under 10 U.S.C. 4701. (End of clause)
DEC 2022 December 16, 2022 SUBSTANTIVE
Earliest version available from the eCFR

Active Class Deviations

2026-O0045
DFARS RFO Implementation (Part 16) Add clause 252.216-7009
MODIFIED
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