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FAR and DFARS › DFARS Part 203: Improper Business Practices and Personal Conflicts of Interest › Subpart 203.9

DFARS 203.905 Procedures for investigating complaints.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section outlines how the DoD Inspector General handles complaints of reprisal. It requires the Inspector General to investigate unless the complaint is frivolous, fails to allege a violation, or was previously addressed. Contractors may be notified and receive a report if they are alleged to have committed a violation.

Applies to: DoD contractors and complainants alleging reprisal

What it requires

  • The DoD Inspector General will investigate the complaint unless certain exceptions apply.
  • If investigating, the DoD Inspector General will notify the complainant, the contractor alleged to have committed the violation, and the head of the agency.
  • The DoD Inspector General will provide a written report of findings to the complainant, the contractor alleged to have committed the violation, and the head of the agency.
  • The DoD Inspector General will submit the report within 180 days after receiving the complaint, or within an additional agreed-upon period up to 180 days.

Key terms: DoD Inspector General · complaint · frivolous · reprisal · prohibited discrimination

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(1) Unless the DoD Inspector General makes a determination that the complaint is frivolous, fails to allege a violation of the prohibition in 203.903, or has been previously addressed in another Federal or State judicial or administrative proceeding initiated by the complainant, the DoD Inspector General will investigate the complaint.

(2) If the DoD Inspector General investigates the complaint, the DoD Inspector General will—

(i) Notify the complainant, the contractor alleged to have committed the violation, and the head of the agency; and

(ii) Provide a written report of findings to the complainant, the contractor alleged to have committed the violation, and the head of the agency.

(3) Upon completion of the investigation, the DoD Inspector General—

(i) Either will determine that the complaint is frivolous, fails to allege a violation of the prohibition in 203.903, or has been previously addressed in another Federal or State judicial or administrative proceeding initiated by the complainant, or will submit the report addressed in paragraph (2) of this section within 180 days after receiving the complaint; and

(ii) If unable to submit a report within 180 days, will submit the report within the additional time period, up to 180 days, as agreed to by the person submitting the complaint.

(4) The DoD Inspector General may not respond to any inquiry or disclose any information from or about any person alleging the reprisal, except to the extent that such response or disclosure is—

(i) Made with the consent of the person alleging reprisal;

(ii) Made in accordance with 5 U.S.C. 552a (the Freedom of Information Act) or as required by any other applicable Federal law; or

(iii) Necessary to conduct an investigation of the alleged reprisal.

(5) The legal burden of proof specified at paragraph (e) of 5 U.S.C. 1221 (Individual Right of Action in Certain Reprisal Cases) shall be controlling for the purposes of an investigation conducted by the DoD Inspector General, decision by the head of an agency, or judicial or administrative proceeding to determine whether prohibited discrimination has occurred.

Sections it refers to

Sections that refer to it

← 203.904 Procedures for filing complaints. · 203.906 Remedies. →

Rule changes for DFARS Part 203

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 203.905 Procedures for investigating complaints · SpendQuery