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

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

Type: Clause

Prescribed in: 216.307(a)

Current version date: DEC 2022

Prescription and Applicability

DFARS Prescription, 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.

Current Text

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]

Active Class Deviations Affecting This Clause

Class Deviation 2026-O0045, DFARS RFO Implementation (Part 16)

  • Status: Active
  • Date Issued: 2026-03-16
  • Change type: MODIFIED
  • Action: Modified by RFO class deviation

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Source: https://part52.dev

Generated: 2026-04-21 17:40 UTC

Reference: https://www.ecfr.gov/current/title-48/section-252.216-7009