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FAR and DFARS › FAR Part 3: Improper Business Practices and Personal Conflicts of Interest › Subpart 3.9

FAR 3.900 Scope of subpart.

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 explains which whistleblower rules are covered in this subpart of the FAR and which contractors or agencies they apply to. It clarifies that certain whistleblower protections do not apply to DoD, NASA, the Coast Guard, or the intelligence community, while other provisions apply to all agencies or to contracts funded by the American Recovery and Reinvestment Act of 2009.

Applies to: Government contractors and subcontractors, depending on the specific whistleblower provision

Key terms: whistleblower · intelligence community · contractor · subcontractor · disclosure

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

The text

This subpart implements various statutory whistleblower programs. This subpart does not implement 10 U.S.C. 4701, which is applicable only to DoD, NASA, and the Coast Guard.

(a) 41 U.S.C. 4712 is implemented in 3.900 through 3.906. These sections do not apply to—

(1) DoD, NASA, and the Coast Guard; or

(2) Any element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). Sections 3.900 through 3.906 do not apply to any disclosure made by an employee of a contractor or subcontractor of an element of the intelligence community if such disclosure—

(i) Relates to an activity of an element of the intelligence community; or

(ii) Was discovered during contract or subcontract services provided to an element of the intelligence community.

(b) Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), is implemented in 3.909, which is applicable to all agencies.

(c) 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.

Sections it refers to

  • 3.906 Contract clause.
  • 3.909 Prohibition on providing funds to an entity that requires certain internal confidentiality agreements or statements.
  • 3.907 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (the Recovery Act).

Sections that refer to it

  • 3.906 Contract clause.
  • 52.203-17 Contractor Employee Whistleblower Rights.
  • 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.
  • 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).
  • 52.244-6 Subcontracts for Commercial Products and Commercial Services.

← 3.808 Solicitation provision and contract clause. · 3.901 Definitions. →

Rule changes for FAR Part 3

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

FAR 3.900 Scope of subpart · SpendQuery