4 - Whistleblower Information 6-21-21.pdf

Background

The Department is updating its policy guidance regarding notification and administration of whistleblower protections for contractor employees under DOJ contracts to align with the whistleblower protections promulgated in current statute and the Federal Acquisition Regulation (FAR) Subpart 3.9.

Accordingly, Procurement Guidance Document (PGD) 16-05 is hereby rescinded. The following guidance regarding whistleblower protections for contractor employees supersedes the policy requirements contained in PGD 16-05. All relevant DOJ contracts awarded after issuance of PGD 16-05 (August 9, 2016), but prior to issuance of Acquisition Policy Notice (APN) 2021-03 (March 19, 2021), are subject to the requirements detailed in PGD 16-05. All relevant DOJ contracts awarded on or after issuance of APN 2021-03 must adhere to the guidance contained in this policy document. In addition to the below updated guidance, the Department has developed compliance procedures to ensure that contract workers are informed of their whistleblower rights and protections.

Required Bureau Action

Notification to Contractors of Whistleblower Protections

The whistleblower protection requirements established in former PGD 16-05 were derived from Pub. L. 112-239, “Pilot Program for Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information,” codified at 41 U.S.C. § 4712 by Section 828 of the National Defense Authorization Act. Since release of PGD 16-05, the FAR has been updated to fully implement 41 U.S.C. § 4712. Accordingly, DOJ directs acquisition workforce members to adhere to the terms and conditions prescribed in the FAR Subsection 3.908, as applicable.

Promulgation of the provisions detailed in Sections 3.908-9 and 52.203-17 of the FAR together satisfy the Notification Requirement of 41 U.S.C. § 4712 and identify the requirements for conveying whistleblower rights and protections to contract workers.

Given the Department’s prioritization of whistleblower protections, the Office of Inspector General (OIG) created a document summarizing whistleblower information for all DOJ contractors, subcontractors, and grantees.

ACQUISITION POLICY NOTICE

Department of Justice – Justice Management Division

Acquisition Policy Oversight Whistleblower Protections for Contractor Employees - Update

June 3, 2021 2021-03A

Acquisition Policy Notice 2021-03A

Bureaus must ensure that for all new contracts, orders, Blanket Purchase Agreements, Basic Ordering Agreements, or other procurement vehicles awarded at a dollar value above the simplified acquisition threshold (SAT):

1. Include FAR 52.203-17, as required by FAR 3.908-9.

2. Provide to all new contractors the “Whistleblower Information for Employees of

DOJ Contractors, Subcontractors, Grantees, or Sub-Grantees or Personal Services Contractors” (“Whistleblower Information”) document; and

3. Direct the contractors and subcontractors to distribute the Whistleblower

Information to their employees.

Contract Compliance Certification

To ensure that contract workers are notified of their whistleblower rights and protections, as required by 41 U.S.C. § 4712, the Department will conduct an annual sampling of acquisitions above the SAT to verify that the requirements detailed in this APN are accomplished. This compliance review will occur annually starting in FY 2022.

The procedures for the compliance review will be defined in a future DOJ Policy Instruction. The structure of the review will entail a Bureau Procurement Chief’s self-certification that their Bureau’s contracts identified through the sampling process include the requirements stated in this APN.

Internal Point of Contact, Questions, Additional Information

For questions on this notice, please send an email to DOJAcquisitionPolicy@usdoj.gov.

https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf mailto:DOJAcquisitionPolicy@usdoj.gov