Home > Legal Library > Article




Join Matindale-Hubbell Connected


Interim Rules Regarding Allowability of Legal Costs for Whistleblower Proceedings




by:
Cheryl Palmeri
Sheppard, Mullin, Richter & Hampton LLP - Washington Office

 
October 24, 2013

Previously published on October 23, 2013

On September 30, 2013, DOD issued interim rules amending the DFARS to implement statutory amendments to whistleblower protections for contractor and subcontractor employees and to implement a section of the National Defense Authorization Act (“NDAA”) for Fiscal Year (“FY”) 2013 that amends the allowability of legal costs incurred by a contractor related to whistleblower proceedings. Comments on the interim rules should be submitted on or before November 29, 2013 to be considered in the formation of the final rules. 78 Fed. Reg. 59,851 (Sept. 30, 2013); 78 Fed. Reg. 59,860 (Sept. 30, 2013).

Separately, the DOD, General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement a section of the NDAA for FY 2013 that addresses the allowability of legal costs incurred by a contractor or subcontractor related to a whistleblower proceeding commenced by the submission of a complaint of reprisal by the contractor or subcontractor employee. Comments must be submitted by November 29, 2013 to be considered in the formation of the final rule. 78 Fed. Reg. 60,173 (Sept. 30, 2013).

The DOD, GSA, and NASA issued a related interim rule amending the FAR to implement a pilot program enhancing whistleblower protections for contractor employees. Here again, comments are due by November 29, 2013 to be considered in the formation of the final rule. 78 Fed. Reg. 60,169 (Sept. 30, 2013).



 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

View More Library Documents By...

 
Author
 
Cheryl Palmeri
 
Sheppard, Mullin, Richter & Hampton LLP Overview