• Interim Rules Regarding Allowability of Legal Costs for Whistleblower Proceedings
  • October 24, 2013 | Author: Cheryl Palmeri
  • Law Firm: Sheppard, Mullin, Richter & Hampton LLP - Washington Office
  • 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).