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

DFARS — Defense (DoD) · Contract clause · dated DEC 2022 · prescribed in 216.307

Official text of 252.216-7009

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)

Where it's prescribed

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

Verifying this text

The text above is reproduced verbatim from GSA's published source files for the Defense (DoD) supplement. The controlling version is the one in the Code of Federal Regulations: 252.216-7009 on eCFR.