252.216-7009 — Allowability of Legal Costs Incurred in Connection with a Whistleblower Proceeding.
Researched by the BidStride Research Team
What This Clause Requires
DFARS 252.216-7009 — Allowability of Legal Costs Incurred in Connection with a Whistleblower Proceeding.. This clause is part of the Defense Federal Acquisition Regulation Supplement and applies specifically to Department of Defense contracts.
Official Regulation Text
252.216-7009 Allowability of Legal Costs Incurred in Connection with a Whistleblower Proceeding. 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) [78 FR 59861, Sept. 30, 2013, as amended at 87 FR 76997, Dec. 16, 2022]
Compliance Checklist
Flow-Down to Subcontractors
No flow-down required
This clause applies only to the prime contract and does not need to be flowed down to subcontractors.
Frequently Asked Questions
DFARS 252.216-7009 (Allowability of Legal Costs Incurred in Connection with a Whistleblower Proceeding.) is a Defense Federal Acquisition Regulation Supplement clause applicable to Department of Defense contracts.
DFARS 252.216-7009 is typically required in DoD contracts when the contracting officer determines it's applicable. Check Section I of your solicitation.
Flow-down requirements vary. Review the specific clause text for subcontractor applicability provisions.
This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.