DFARS 252.216-7009 - 252.216-7009 Allowability of Legal Costs Incurred in Connection with a Whistleblower Proceeding.

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]