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

FAR 3.905-2 Enforcement of orders.

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 how orders issued under FAR 3.905-1(a)(2) are enforced when a contractor or subcontractor fails to comply. The head of the agency must file an enforcement action in U.S. district court, and the court can grant relief including injunctive relief, damages, and attorney fees. The complainant employee may also file or join such an action. Additionally, any person adversely affected by the order can seek review in a U.S. court of appeals within 60 days, but filing an appeal does not automatically stay enforcement unless the court specifically orders a stay.

Applies to: Contractors and subcontractors subject to orders under FAR 3.905-1(a)(2), and persons affected by such orders

What it requires

  • Comply with orders issued under 3.905-1(a)(2)
  • If a contractor or subcontractor fails to comply, the head of the agency concerned shall file an enforcement action in U.S. district court

Key terms: order issued under 3.905-1(a)(2) · enforcement · U.S. district court · injunctive relief · compensatory and exemplary damages

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

The text

(a) Whenever a contractor or subcontractor fails to comply with an order issued under 3.905-1(a)(2), the head of the agency concerned shall file an action for enforcement of the order in the U.S. district court for a district in which the reprisal was found to have occurred. In any action brought pursuant to this authority, the court may grant appropriate relief, including injunctive relief, compensatory and exemplary damages, and attorney fees and costs. The complainant employee upon whose behalf an order was issued may also file such an action or join in an action filed by the head of the agency.

(b) Any person adversely affected or aggrieved by an order issued under 3.905-1(a)(2) may obtain review of the order's conformance with 41 U.S.C. 4712 and its implementing regulations, in the U.S. 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. Filing such an appeal shall not act to stay the enforcement of the order of the head of an agency, unless a stay is specifically entered by the court.

Sections it refers to

← 3.905-1 Remedies. · 3.906 Contract clause. →

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 3.905-2 Enforcement of orders · SpendQuery