Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 14633 

offer and a separate cost comparison 

table prepared in accordance with 

paragraphs (c) and (d) of FAR clause 

52.225–23 for the offer that is based on 

the use of any foreign construction 

material for which the Government has 

not yet determined an exception 

applies. 

(3) If the Government determines that 

a particular exception requested in 

accordance with paragraph (c) of FAR 

clause 52.225–23 does not apply, the 

Government will evaluate only those 

offers based on use of the equivalent 

domestic or Recovery Act designated 

country construction material other than 

Bahrainian, Mexican, or Omani 

construction material. An offer based on 

use of the foreign construction material 

for which an exception was requested— 

(i) Will be rejected as nonresponsive 

if this acquisition is conducted by 

sealed bidding; or 

(ii) May be accepted if revised during 

negotiations. 

[FR Doc. E9–7031 Filed 3–30–09; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 3 and 52 

[FAC 2005–32; FAR Case 2009–012; Item 

II; Docket 2009–0009, Sequence 1] 

RIN 9000–AL19 

Federal Acquisition Regulation; FAR 

Case 2009–012, American Recovery 

and Reinvestment Act of 2009 (the 

Recovery Act)—Whistleblower 

Protections 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) have agreed on an interim 

rule amending the Federal Acquisition 

Regulation (FAR) to implement the 

American Recovery and Reinvestment 

Act of 2009 (the Recovery Act) with 

respect to section 1553 of Division A, 

Protecting State and Local Government 

and Contractor Whistleblowers. This 

rule prohibits non-Federal employers 

from discharging, demoting, or 

discriminating against an employee as a 

reprisal for disclosing information. 

DATES: Effective Date: March 31, 2009. 

Applicability Date: The rule applies to 

solicitations issued and contracts 

awarded on or after the effective date of 

this rule. Contracting officers shall 

modify, on a bilateral basis, in 

accordance with FAR 1.108(d)(3), 

existing contracts to include the FAR 

clause for future orders, if the Recovery 

Act funds will be used. In the event that 

a contractor refuses to accept such a 

modification, the contractor will not be 

eligible for receipt of the Recovery Act 

funds. 

Comment Date: Interested parties 

should submit written comments to the 

FAR Secretariat on or before June 1, 

2009 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FAC 2005–32, FAR case 

2009–012, by any of the following 

methods: 

• Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting ‘‘FAR 

Case 2009–012’’ under the heading 

‘‘Comment or Submission’’. Select the 

link ‘‘Send a Comment or Submission’’ 

that corresponds with FAR Case 2009– 

012. Follow the instructions provided to 

complete the ‘‘Public Comment and 

Submission Form’’. Please include your 

name, company name (if any), and 

‘‘FAR Case 2009–012’’ on your attached 

document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, FAR Secretariat (VPR), 

1800 F Street, NW., Room 4041, ATTN: 

Hada Flowers, Washington, DC 20405. 

Instructions: Please submit comments 

only and cite FAC 2005–32, FAR case 

2009–012, in all correspondence related 

to this case. All comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Ms. 

Jeritta Parnell, Procurement Analyst, at 

(202) 501–4082. For information 

pertaining to status or publication 

schedules, contact the FAR Secretariat 

at (202) 501–4755. Please cite FAC 

2005–32, FAR case 2009–012. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This interim rule implements section 

1553 of the American Recovery and 

Reinvestment Act of 2009 (the Recovery 

Act) with respect to the protection of 

whistleblowers, by adding a new section 

3.907, Whistleblower Protections Under 

the American Recovery and 

Reinvestment Act of 2009 and a new 

clause at FAR 52.203–15, Whistleblower 

Protections Under the American 

Recovery and Reinvestment Act of 2009, 

and its prescription in FAR 3.907–7. 

On February 17, 2009, the President 

signed Public Law 111–5, the American 

Recovery and Reinvestment Act of 2009, 

including a number of provisions to be 

implemented in Federal Government 

contracts. Among these provisions is 

Section 1553 of the Recovery Act, 

‘‘Protecting State and Local Government 

and Contractor Whistleblowers’’. This 

requirement promotes transparency in 

Federal contracting. 

B. Discussion 

FAR 3.907 provides that non-Federal 

employers receiving funds under the 

Recovery Act are prohibited from 

discharging, demoting, or 

discriminating against employees as a 

reprisal for disclosing certain covered 

information to certain categories of 

Government officials or a person with 

supervisory authority over the 

employee. This section further provides 

definitions relevant to the statute; 

establishes time periods within which 

the Inspector General and the agency 

head must take action with regard to a 

complaint filed by a contractor 

employee; establishes procedures for 

access to investigative files of the 

Inspector General; and provides for 

remedies and enforcement authority. 

FAR 3.907–7 prescribes a new clause at 

52.203–15. 

C. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold 

Section 4101 of Public Law 103–355, 

the Federal Acquisition Streamlining 

Act (FASA) (41 U.S.C. 429), governs the 

applicability of laws to contracts or 

subcontracts in amounts not greater 

than the simplified acquisition 

threshold. It is intended to limit the 

applicability of laws to them. The FASA 

provides that if a provision of law 

contains criminal or civil penalties, or if 

the Federal Acquisition Regulatory 

Council (FAR Council) makes a written 

determination that it is not in the best 

interest of the Federal Government to 

exempt contracts or subcontracts at or 

below the simplified acquisition 

threshold, the law will apply to them. 

Therefore, given section 1553 of the 

Recovery Act, which extends 

whistleblower protections to employees 

of contractors that receive contracts 

funded under the Recovery Act, and the 

initial implementing guidance for the 

Recovery Act issued on February 18, 


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14634 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 

2009 by the Director of the Office of 

Management and Budget committing to 

an unprecedented level of transparency 

and accountability for taxpayer dollars, 

the FAR Council has determined that it 

is in the best interest of the Federal 

Government to apply this rule to 

acquisitions at or below the simplified 

acquisition threshold, as defined at FAR 

2.101. 

D. Applicability to Commercial Item 

Contracts 

Section 8003 of Public Law 103–355, 

the FASA (41 U.S.C. 430), governs the 

applicability of laws to commercial 

items, and is intended to limit the 

applicability of laws to commercial 

items. The FASA provides that if a 

provision of law contains criminal or 

civil penalties, or if the Federal 

Acquisition Regulatory Council makes a 

written determination that it is not in 

the best interest of the Federal 

Government to exempt commercial item 

contracts, the provision of law will 

apply to contracts for commercial items. 

The same applies for subcontracts for 

commercial items. 

Therefore, given section 1553 of the 

Recovery Act, which prohibits nonFederal employers working on contracts 

funded with the Recovery Act funds 

from discharging, demoting, or 

discriminating against an employee as a 

reprisal for disclosing information the 

employee reasonably believes is 

evidence of information listed in section 

1553(a), the FAR Council has 

determined that the rule should apply to 

contracts for commercial items, as 

defined at FAR 2.101, at both the prime 

and subcontract levels. 

E. Applicability to Commercially 

Available Off-the-Shelf (COTS) Item 

Contracts 

Section 4203 of Public Law 104–106, 

the Clinger-Cohen Act of 1996 (41 

U.S.C. 431), governs the applicability of 

laws to the procurement of COTS items, 

and is intended to limit the applicability 

of laws to them. Clinger-Cohen provides 

that if a provision of law contains 

criminal or civil penalties, or if the 

Administrator for Federal Procurement 

Policy makes a written determination 

that it is not in the best interest of the 

Federal Government to exempt COTS 

item contracts, the provision of law will 

apply. 

Therefore, given section 1553 of the 

American Recovery and Reinvestment 

Act of 2009 (Recovery Act), which 

prohibits non-Federal employers 

working on contracts funded with the 

Recovery Act funds from discharging, 

demoting, or discriminating against an 

employee as a reprisal for disclosing 

information the employee reasonably 

believes is evidence of information 

listed in section 1553(a), the 

Administrator, Office of the Federal 

Procurement Policy, has determined 

that the rule should apply to COTS item 

contracts, as defined at FAR 2.101. 

This is a significant regulatory action 

and, therefore, was subject to Office of 

Management and Budget (OMB) review 

under section 6 of Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993. This rule is 

not a major rule under 5 U.S.C. 804. 

F. Regulatory Flexibility Act 

The Councils do not expect this 

interim rule to have a significant 

economic impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601, et seq., because this 

rule applies similar, but not identical, 

whistleblower protections to contractor 

and subcontractor employees as 

currently covered in FAR Subpart 3.9. 

Likewise, this rule only applies to 

contracts funded in whole or in part 

with the Recovery Act funds. Therefore, 

an Initial Regulatory Flexibility 

Analysis has not been performed. The 

Councils will consider comments from 

small entities concerning the affected 

FAR Parts 3 and 52 in accordance with 

5 U.S.C. 610. Interested parties must 

submit such comments separately and 

should cite 5 U.S.C. 601, et seq., (FAC 

2005–32, FAR Case 2009–012) in all 

correspondence. 

G. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply, because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. Chapter 35, et seq. 

H. Determination To Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

(DoD), the Administrator of General 

Services (GSA), and the Administrator 

of the National Aeronautics and Space 

Administration (NASA) that urgent and 

compelling reasons exist to promulgate 

this interim rule without prior 

opportunity for public comment. This 

action is necessary because the 

American Recovery and Reinvestment 

Act of 2009 became effective on 

enactment, and contracts using funds 

appropriated by the Recovery Act will 

soon be ready to award. However, 

pursuant to Public Law 98–577 and FAR 

1.501, the Councils will consider public 

comments received in response to this 

interim rule in the formation of the final 

rule. 

List of Subjects in 48 CFR Parts 3 and 

52 

Government procurement. 

Dated: March 25, 2009. 

Al Matera, 

Director,Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 3 and 52 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 3 and 52 continues to read as 

follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

PART 3—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

■ 2. Revise section 3.900 to read as 

follows: 

3.900 Scope of subpart. 

(a) Sections 3.901 through 3.906 of 

this subpart implement 10 U.S.C. 2409 

and 41 U.S.C. 265, as amended by 

Sections 6005 and 6006 of the Federal 

Acquisition Streamlining Act of 1994 

(Pub. L. 103–355). 

(b) Section 3.907 of this subpart 

implements Section 1553 of the 

American Recovery and Reinvestment 

Act of 2009 (Pub. L. 111–5), and applies 

to all contracts funded in whole or in 

part by that Act. 

3.902 [Removed and Reserved] 

■ 3. Remove and reserve section 3.902. 

■ 4. Add sections 3.907 through 3.907– 

7 to read as follows: 

3.907 Whistleblower Protections Under the 

American Recovery and Reinvestment Act 

of 2009 (the Recovery Act). 

3.907–1 Definitions. 

As used in this section— 

Board means the Recovery 

Accountability and Transparency Board 

established by Section 1521 of the 

Recovery Act. 

Covered funds means funds 

appropriated by or otherwise made 

available by the Recovery Act. 

Covered information means 

information that the employee 

reasonably believes is evidence of gross 

mismanagement of the contract or 

subcontract related to covered funds, 

gross waste of covered funds, a 

substantial and specific danger to public 

health or safety related to the 

implementation or use of covered funds, 

an abuse of authority related to the 

implementation or use of covered funds, 

or a violation of law, rule, or regulation 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 14635 

related to an agency contract (including 

the competition for or negotiation of a 

contract) awarded or issued relating to 

covered funds. 

Inspector General means an Inspector 

General appointed under the Inspector 

General Act of 1978. In the Department 

of Defense that is the DoD Inspector 

General. In the case of an executive 

agency that does not have an Inspector 

General, the duties shall be performed 

by an official designated by the head of 

the executive agency. 

Non-Federal employer, as used in this 

section, means any employer that 

receives Recovery Act funds, including 

a contractor, subcontractor, or other 

recipient of funds pursuant to a contract 

or other agreement awarded and 

administered in accordance with the 

Federal Acquisition Regulation. 

3.907–2 Policy. 

Non-Federal employers are prohibited 

from discharging, demoting, or 

otherwise discriminating against an 

employee as a reprisal for disclosing 

covered information to any of the 

following entities or their 

representatives: 

(1) The Board. 

(2) An Inspector General. 

(3) The Comptroller General. 

(4) A member of Congress. 

(5) A State or Federal regulatory or 

law enforcement agency. 

(6) A person with supervisory 

authority over the employee or such 

other person working for the employer 

who has the authority to investigate, 

discover, or terminate misconduct. 

(7) A court or grand jury. 

(8) The head of a Federal agency. 

3.907–3 Procedures for filing complaints. 

(a) An employee who believes that he 

or she has been subjected to reprisal 

prohibited by the Recovery Act, Section 

1553 as set forth in 3.907–2, may submit 

a complaint regarding the reprisal to the 

Inspector General of the agency that 

awarded the contract. 

(b) The complaint shall be signed and 

shall contain— 

(1) The name of the contractor; 

(2) The contract number, if known; if 

not, a description reasonably sufficient 

to identify the contract(s) involved; 

(3) The covered information giving 

rise to the disclosure; 

(4) The nature of the disclosure giving 

rise to the discriminatory act; and 

(5) The specific nature and date of the 

reprisal. 

(c) A contracting officer who receives 

a complaint of reprisal of the type 

described in 3.907–2 shall forward it to 

the Office of the Inspector General, 

agency legal counsel or to the 

appropriate official in accordance with 

agency procedures. 

3.907–4 Procedures for investigating 

complaints. 

Investigation of complaints will be in 

accordance with section 1553 of the 

Recovery Act. 

3.907–5 Access to investigative file of 

Inspector General. 

(a) The employee alleging reprisal 

under this section shall have access to 

the investigation file of the Inspector 

General, in accordance with the Privacy 

Act, 5 U.S.C. 552a. The investigation of 

the Inspector General shall be deemed 

closed for the purposes of disclosure 

under such section when an employee 

files an appeal to the agency head or a 

court of competent jurisdiction. 

(b) In the event the employee alleging 

reprisal brings a civil action under 

section 1553(c)(3) of the Recovery Act, 

the employee alleging the reprisal and 

the non-Federal employer shall have 

access to the investigative file of the 

Inspector General in accordance with 

the Privacy Act. 

(c) The Inspector General may 

exclude from disclosures made under 

3.907–5(a) or (b)— 

(1) Information protected from 

disclosure by a provision of law; and 

(2) Any additional information the 

Inspector General determines disclosure 

of which would impede a continuing 

investigation, provided that such 

information is disclosed once such 

disclosure would no longer impede 

such investigation, unless the Inspector 

General determines that the disclosure 

of law enforcement techniques, 

procedures, or information could 

reasonably be expected to risk 

circumvention of the law or disclose the 

identity of a confidential source. 

(d) An Inspector General investigating 

an alleged reprisal under this section 

may not respond to any inquiry or 

disclose any information from or about 

any person alleging such reprisal, 

except in accordance with 5 U.S.C. 552a 

or as required by any other applicable 

Federal law. 

3.907–6 Remedies and enforcement 

authority. 

(a) Burden of Proof. (1) Disclosure as 

contributing factor in reprisal. 

(i) An employee alleging a reprisal 

under this section shall be deemed to 

have affirmatively established the 

occurrence of the reprisal if the 

employee demonstrates that a disclosure 

described in section 3.907–2 was a 

contributing factor in the reprisal. 

(ii) A disclosure may be demonstrated 

as a contributing factor in a reprisal for 

purposes of this paragraph by 

circumstantial evidence, including— 

(A) Evidence that the official 

undertaking the reprisal knew of the 

disclosure; or 

(B) Evidence that the reprisal 

occurred within a period of time after 

the disclosure such that a reasonable 

person could conclude that the 

disclosure was a contributing factor in 

the reprisal. 

(2) Opportunity for rebuttal. The head 

of an agency may not find the 

occurrence of a reprisal with respect to 

a reprisal that is affirmatively 

established under section 3.907–6(a)(1) 

if the non-Federal employer 

demonstrates by clear and convincing 

evidence that the non-Federal employer 

would have taken the action 

constituting the reprisal in the absence 

of the disclosure. 

(b) No later than 30 days after 

receiving an Inspector General report in 

accordance with section 1553 of the 

Recovery Act, the head of the agency 

concerned shall determine whether 

there is sufficient basis to conclude that 

the non-Federal employer has subjected 

the complainant to a reprisal prohibited 

by subsection 3.907–2 and shall either 

issue an order denying relief in whole 

or in part or shall take one or more of 

the following actions: 

(1) Order the employer to take 

affirmative action to abate the reprisal. 

(2) Order the employer to reinstate the 

person to the position that the person 

held before the reprisal, together with 

the compensation (including back pay), 

compensatory damages, employment 

benefits, and other terms and conditions 

of employment that would apply to the 

person in that position if the reprisal 

had not been taken. 

(3) Order the employer to pay the 

complainant an amount equal to the 

aggregate amount of all costs and 

expenses (including attorneys’ fees and 

expert witnesses’ fees) that were 

reasonably incurred by the complainant 

for, or in connection with, bringing the 

complaint regarding the reprisal. 

(c)(1) The complainant shall be 

deemed to have exhausted all 

administrative remedies with respect to 

the complaint, and the complainant may 

bring a de novo action at law or equity 

against the employer to seek 

compensatory damages and other relief 

available under this section in the 

appropriate district court of United 

States, which shall have jurisdiction 

over such an action without regard to 

the amount in controversy if 

(i) The head of an agency— 

(A) Issues an order denying relief in 

whole or in part under paragraph (a) of 

this section; 


sroberts on PROD1PC70 with RULES
14636 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 

(B) Has not issued an order within 

210 days after the submission of a 

complaint in accordance with section 

1553 of the Recovery Act, or in the case 

of an extension of time in accordance 

with section 1553 of the Recovery Act, 

within 30 days after the expiration of 

the extension of time; or 

(C) Decides in accordance with 

section 1553 of the Recovery Act not to 

investigate or to discontinue an 

investigation; and 

(ii) There is no showing that such 

delay or decision is due to the bad faith 

of the complainant. 

(2) Such an action shall, at the request 

of either party to the action, be tried by 

the court with a jury. 

(d) Whenever an employer fails to 

comply with an order issued under this 

section, the head of the agency shall 

request the Department of Justice to file 

an action for enforcement of such order 

in the United States district court for a 

district in which the reprisal was found 

to have occurred. In any action brought 

under this section, the court may grant 

appropriate relief, including injunctive 

relief, compensatory and exemplary 

damages, and attorneys fees and costs. 

(e) Any person adversely affected or 

aggrieved by an order issued under 

paragraph (b) of this subsection may 

obtain review of the order’s 

conformance with the law, and this 

section, in the United States Court of 

Appeals for a circuit in which the 

reprisal is alleged in the order to have 

occurred. No petition seeking such 

review may be filed more than 60 days 

after issuance of the order by the head 

of the agency. 

3.907–7 Contract Clause. 

Use the clause at 52.203–15, 

Whistleblower Protections Under the 

American Recovery and Reinvestment 

Act of 2009 in all solicitations and 

contracts funded in whole or in part 

with Recovery Act funds. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 5. Add section 52.203–15 to read as 

follows: 

52.203–15 Whistleblower Protections 

Under the American Recovery and 

Reinvestment Act of 2009 

As prescribed in 3.907–7, use the 

following clause: 

Whistleblower Protections Under the 

American Recovery and Reinvestment 

Act of 2009 (Mar 2009) 

(a) The Contractor shall post notice of 

employees rights and remedies for 

whistleblower protections provided under 

section 1553 of the American Recovery and 

Reinvestment Act of 2009 (Pub. L. 111–5). 

(b) The Contractor shall include the 

substance of this clause including this 

paragraph (b) in all subcontracts. 

(End of clause) 

■ 6. Amend section 52.212–4 by 

revising the date of the clause and 

paragraph (r) to read as follows: 

52.212–4 Contract Terms and 

Conditions—Commercial Items. 

* * * * * 

Contract Terms and Conditions— 

Commercial Items (MAR 2009) 

* * * * * 

(r) Compliance with laws unique to 

Government contracts. The Contractor agrees 

to comply with 31 U.S.C. 1352 relating to 

limitations on the use of appropriated funds 

to influence certain Federal contracts; 18 

U.S.C. 431 relating to officials not to benefit; 

40 U.S.C. 3701, et seq., Contract Work Hours 

and Safety Standards Act; 41 U.S.C. 51–58, 

Anti-Kickback Act of 1986; 41 U.S.C. 265 and 

10 U.S.C. 2409 relating to whistleblower 

protections; Section 1553 of the American 

Recovery and Reinvestment Act of 2009 

relating to whistleblower protections for 

contracts funded under that Act; 49 U.S.C. 

40118, Fly American; and 41 U.S.C. 423 

relating to procurement integrity. 

* * * * * 

(End of clause) 

■ 7. Amend section 52.212–5 by— 

a. Revising the date of the clause; 

b. Redesignating paragraphs (b)(3) 

thru (b)(41) as paragraphs (b)(4) thru 

(b)(42), respectively, and adding a new 

paragraph (b)(3); and 

c. Redesignating paragraphs (e)(1)(iii) 

thru (e)(1)(xiii) as paragraphs (e)(1)(iv) 

thru (e)(1)(xiv), respectively, and adding 

a new paragraph (e)(1)(iii). The revised 

and added text reads as follows: 

52.212–5 Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders—Commercial Items. 

* * * * * 

Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders—Commercial Items 

(Mar 2009) 

* * * * * 

(b) * * * 

(3) 52.203–15, Whistleblower Protections 

under the American Recovery and 

Reinvestment Act of 2009 (Section 1553 of 

Pub. L. 111–5). 

* * * * * 

(e)(1) * * * 

(iii) 52.203–15, Whistleblower Protections 

Under the American Recovery and 

Reinvestment Act of 2009 (Section 1553 of 

Pub. L. 111–5). Applies to subcontracts 

funded under the Act. 

* * * * * 

(End of clause) 

■ 8. Amend section 52.213–4 by 

revising the date of the clause and 

paragraph (a)(2)(vi) to read as follows: 

52.213–4 Terms and Conditions— 

Simplified Acquisitions (Other Than 

Commercial Items). 

* * * * * 

Terms and Conditions—Simplified 

Acquisitions (Other Than Commercial 

Items) (Mar 2009) 

(a) * * * 

(2) * * * 

(vi) 52.244–6, Subcontracts for Commercial 

Items. (MAR 2009) 

* * * * * 

■ 9. Amend section 52.244–6 by 

revising the date of the clause; 

redesignating paragraphs (c)(1)(ii) thru 

(c)(1)(viii) as paragraphs (c)(1)(iii) thru 

(c)(1)(ix), respectively, and adding a 

new paragraph (c)(1)(ii). 

52.244–6 Subcontracts for Commercial 

Items. 

* * * * * 

Subcontracts for Commercial Items 

(Mar 2009) 

* * * * * 

(c)(1) * * * 

(ii) 52.203–15, Whistleblower Protections 

Under the American Recovery and 

Reinvestment Act of 2009 (Section 1553 of 

Pub. L. 111–5). Applies to subcontracts 

funded under the Act. 

* * * * * 

(End of clause) 

[FR Doc. E9–7020 Filed 3–30–09; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 4, 5, 8, 13, and 16 

[FAC 2005–32; FAR Case 2009–010; Item 

III; Docket 2009–0010, Sequence 1] 

RIN 9000–AL24 

Federal Acquisition Regulation; FAR 

Case 2009–010, American Recovery 

and Reinvestment Act of 2009 (the 

Recovery Act)—Publicizing Contract 

Actions 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Interim rule with request for 

comments. 


sroberts on PROD1PC70 with RULES