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FAR and DFARS › DFARS Part 252: Solicitation Provisions and Contract Clauses › Subpart 252.2

DFARS 252.216-7009 Allowability of Legal Costs Incurred in Connection with a Whistleblower Proceeding.

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 clause makes certain legal costs unallowable when they relate to a whistleblower proceeding brought by a contractor employee under 10 U.S.C. 4701. It extends the cost restrictions of FAR 31.205-47(b) to those proceedings and also makes costs unallowable if the proceeding results in an order to take corrective action. This matters because contractors cannot bill the government for those legal costs.

Applies to: Department of Defense contractors subject to this clause

Key terms: whistleblower proceeding · legal costs · allowability · corrective action · contractor employee

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

The text

As prescribed in 216.307(a), use the following clause:

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.

(End of clause)

Sections it refers to

Sections that refer to it

← 252.216-7008 Economic price adjustment—wage rates or material prices controlled by a foreign government—representation. · 252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders. →

Rule changes for DFARS Part 252

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

DFARS 252.216-7009 Allowability of Legal Costs Incurred in Connection with a Whistleblower Proceeding · SpendQuery