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PGI 252.216-7009: Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding.

PGI › Part 252 › PGI 252.216-7009

This PGI section supplements: DFARS 252.216-7009 · FAR 52.216-7009
The corresponding FAR Part 52 and DFARS Part 252 have been overhauled under the RFO. PGI replacement text is provided in the RFO deviation attachment. View FAR Part 52

Current Content

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)

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