Just as with my Quick Hitter series on the FAR and GSAR, my Quick Hitter series on the DFARS is meant to simplify contracting business with the government. This time with DoD.
DFARS 203.9 Whistleblower Protections For Contractor Employees
DFARS 203.900 Scope Of Subpart
This section implements 10 U.S.C. 4701 (DFARS 203.901-203.906). This national law code does not apply to matters involving the intelligence community which includes subcontracted efforts on behalf of the intelligence community.
DFARS 203.901 Definitions
Abuse of authority means an act that is unreasonable and irrational which culminates in an unsuccessful DoD mission or an unfulfilled DoD contract.
DFARS 203.903 Policy
Retaliatory action by contractors and subcontractors for action taken by a DoD employee to report waste, fraud, abuse and mismanagement is forbidden.
Neither side of a contractual agreement with DoD is obligated to expose information characterized as classified.
Disclosure of violation by any part of the acquisition team may be forwarded to Congress or a member of a Congressional Committee, any OIG representative within DoD (bonus points if they’re the appropriate representative), GAO, a member of the acquisition team with at least one higher pay grade than the CO (preferably those in oversight/management), an employee of DOJ or law enforcement agency (they’re mandatory reporters), a court or grand jury and a management official of the contractor or subcontractor who is obligated to investigate (this would be my initial action while carbon copying the specified POC),
A CO shall immediately forward evidence of retaliation to OGC within DoD or follow provided procedure of the local contracting shop.
DFARS 203.904 Procedures For Filing Complaints
Any employee understanding themselves to be a target of retaliation shall immediately forward evidence to OIG within DoD. They have three years to report an incident. The complaint shall be signed and must contain the name of the contractor, contract life-cycle stage with appropriate marking (e.g. contract number), the violation of federal or agency regulation and even legal statute, an explanation of the act, any chain of communication(s) and specific date(s).
If investigated, the IG within DoD will notify all involved parties including the HCA, provide their findings to specified parties, make a determination of ruling and cite precedent if applicable, will provide a report within 180 days or no later than 360 days, not release information unless granted permission by the exact specified party in question or legally binding FOIA request and they must abide by the universal definition of “burden of proof” whether the verdict is handed down by the IG, HCA or a court of law.
DFARS 203.906 Remedies
The HCA must take action within 30 days once findings are presented with action of no action, the contractor must undergo affirmative action training as to not repeat the behavior (most common), reinstatement of contractor including backpay or the contractor must make payment of all incurred expenses. If a decision of no action is made or no action is taken within 210 days or 30 days after specified extension then the complaintant has exhausted all agency action. The complainant can then take legal action within the appropriate jurisdiction. However, the HCA action is admissible in court. The HCA can request legal action through DOJ. Any involved party can seek a second opinion through the designated outside judicial system of the appropriate jurisdiction. Such rights and remedies of any or all of the above specified investigatory process are not to be waived for any reason whatsoever.
DFARS 203.909 Prohibition On Providing Funds To An Entity That Requires Certain Internal Confidentiality Agreements Or Statements
Don’t sign anything drafted to excuse reporting of waste, fraud and abuse. It’s null-in-void anyway. The contractor wasted their time and money drafting such a document. This regulation is excused when information is considered classified.
DFARS 203.970 Contract Clause
The contractor must inform their employees of their rights. The clause at DFARS 203.7002 flows down to subcontractors.
The beautiful thing about federal contracting is that each side has rights. That being said, each side has to know their rights and understand them because neither side will usually inform the other about what they can do in particular situations. I will allow you to know that when I was working for the federal government I did. I was transparent. I created paper trails. I copied various POCs. I experienced no problems with lack of professionalism on either side of any deal with minor exceptions. I don’t know why I would have. Each side had access to the same information.
The goal is to mitigate the above process. I have 10 years in contracting while managing 9 figure business deals and accumulating a portfolio just shy of $2 billion. I was taught and learned to take precaution and I do. I am more than willing to walk you through the proposal process so we can alleviate any chance of any improprieties.
If you think I can help you then email nicholas.s.robertson@outlook.com for your introductory email and free consultation. 
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