Most federal contractors and subcontractors are required to notify employees of their whistleblower rights to report misconduct related to the federal contracts, under a new regulation that takes effect on November 6, 2023. Most employers holding contracts with the Department of Defense (DoD) and the National Aeronautics and Space Administration (NASA) were already required to notify employees of these rights. The new regulation applies to most other federal contracts covered by the Federal Acquisition Regulation (FAR), in which the federal government is purchasing supplies, services, or construction. In addition to notifying employees, you must also “flow down” the obligation to any of your subcontractors performing work on the federal project (88 Fed Reg 69517 (Oct. 5, 2023), effective Nov. 6, 2023).
Tips: For sample language to include in your subcontracts, see our newly updated Model Form, Federal Contractor Notices to Vendors and Subcontractors. The government hasn’t provided example notices to distribute to employees, so Vigilant has drafted language and included it in endnotes 10 (for DoD/NASA contracts) and 11 (for other federal contracts). Your employee notice must be “in writing, in the predominant language of the workforce,” but the regulations don’t specify how to distribute it. We recommend displaying the notice on company letterhead with your other employment posters, in an easily accessible location. For remote employees or others who wouldn’t typically be able to view those posters, you should use alternative methods, such as displaying the notice on a company network and distributing electronic or paper copies to existing employees and new hires.
