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

Clause Defense Federal Acquisition Regulation Supplement Dec 2022 version

Facts

Citation
DFARS 252.216-7009
Type
Clause
Current version
December 2022
Prescribed in
DFARS 216.307(a)
Supplements
FAR Subpart 52.2 Text of Provisions and Clauses
Last amended
87 FR 76988 Effective Dec 30, 2022
Text as of
DFARS Change May 7, 2026
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this clause.

Text

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)

Federal Register history

Quick answers

What is DFARS 252.216-7009?

DFARS 252.216-7009 is a clause of the Defense Federal Acquisition Regulation Supplement, titled "Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding".

What is the current version of DFARS 252.216-7009?

The current version is dated December 2022.

Where is DFARS 252.216-7009 prescribed?

It is prescribed in DFARS 216.307(a), Contract clauses.

When was DFARS 252.216-7009 last changed?

The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Reorganization of Defense Acquisition Statutes (DFARS Case 2022-D018)" (87 FR 76988), published Dec 16, 2022 and effective Dec 30, 2022.

Are changes to DFARS 252.216-7009 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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