This text is not in eCFR or DITA. It is extracted from the Revolutionary FAR Overhaul deviation guide for FAR Part 16. The parsed text is a convenience layer; the Source PDF tab is authoritative. Always verify against the official deviation PDF.
As prescribed in 216.305. See the Prescription tab for the prescribing policy text.
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.
Prescription: 216.305 Contract clauses
As prescribed in 216.305. Scope applicability here before applying the clause.
- (a) As required by section 827 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239), insert the clause at 252.216-7009, Allowability of Costs Incurred in Connection With a Whistleblower Proceeding—
- (1) (A) In task orders entered pursuant to contracts awarded before September 30, 2013, that include the clause at FAR 52.216-7, Allowable Cost and Payment; and
- (B) In contracts awarded before September 30, 2013, that—
- (1) Include the clause at FAR 52.216-7, Allowable Cost and Payment; and
- (2) Are modified to include the clause at DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights, dated September 2013 or later.
Version history
One version on record, first captured 2026-06-11 15:47:46, effective March 16, 2026.
Prescription: 216.305
Prescribing text cropped from the same deviation PDF.
Clause text (pages 21–22)
Rendered from the deviation PDF. Open the full PDF.
