Defense Whistleblower Protections Expand to Subcontractors

AlexRoz/Shutterstock.com

Monday, July 1, marks the first day employees of subcontractors on Defense contracts enjoy new protections against reprisals from supervisors for reporting waste or fraud, as required under the 2013 National Defense Authorization Act signed by President Obama in January.

“Previously, subcontractors could complain to a boss, but not to a government office,” noted Marguerite Garrison, deputy inspector general for administrative investigations at the Defense Department’s inspector general’s office, who met with reporters Thursday to get out the word.

The new law expands protections for whistleblowers against reprisals for disclosures they make “to a court, grand jury, management official or other employee of the contractor or subcontractor who has the responsibility to investigate, discover or address misconduct,” her guidance explains. Workplace information campaigns must be in the language of the workforce.

The new protections -- long favored by whistleblower advocacy groups and pursued by Sen. Claire McCaskill, D-Mo., also alter the burden of proof on a preponderance of evidence to “bring it up to par with protections in other statutes,” said Nilgun Tolek, the Pentagon IG’s director of whistleblower reprisal investigations. “Congress has been going in this direction for a long time.”

The new protections, however, are not retroactive, the officials explained, so they don’t  apply to contracts let before July 1, nor to task orders added  before that date. And the regulations are still being incorporated into the Defense supplement to the Federal Acquisition Regulation. “The language is all wrapped up in contract law,” Garrison said. “It’s a long-term implementation that plays out over time.”

Allegations the law might affect, said Tolek, would include, for example, “when someone sees a bunch of equipment that’s part of the contract work being thrown out when it’s perfectly good.” The employee could raise his or her concern with the Defense Contract Management Agency, and “whether they’re right or not, they’re protected from the company” reprisals. Other examples include billing against one contract the work done on another contract, overbilling, or swapping in young people on assignments when they don’t have the advertised expertise, she said.

The IG’s administrative investigations office does not handle criminal cases under qui tam or the False Claims Act, which are done by the IG’s Defense Criminal Investigative Service.

In anticipation of the change, the IG administrative investigations staff grew by 30 percent to 40 percent in the past two years, Garrison said, and they expect a rise in the number of complaints. In 2006, the office received only 16 complaints to its hotline -- “the bellybutton of the DoD inspector general,” she said. By 2012, the number had grown to 85, though only one was substantiated.  “Whether we’ll see an increase in complaints, we anticipate additional investigators and expect to do the investigations in-house” rather than delegate them to the service IGs, Garrison said.

“Even if we don’t get more complaints, we will do more investigations because of threshold issues in the management chain that had prevented us in the past from going forward,” which made the workload statistics look negative, added Tolek. And many of the complaints do not pan out --one would-be whistleblower thought he was a Defense contractor but actually was doing work for the State Department, she said.

Garrison and her team have been speaking to companies and industry councils on the need to go beyond the previous practice of putting posters up in the workplace and on the company website to inform workers of their whistleblower protections. “Soldiers, sailors, Marines and airmen call the hotline because they know they have protection,” Garrison said, “but contractors need an education process.”

Garrison says she still has to educate her own workforce on how to read a contract. “We’re in uncharted territory. Will we get it right 100 percent of the time? No. We will make mistakes, but will learn as we go.”

(Image via AlexRoz/Shutterstock.com)

Stay up-to-date with federal news alerts and analysis — Sign up for GovExec's email newsletters.
FROM OUR SPONSORS
JOIN THE DISCUSSION
Close [ x ] More from GovExec
 
 

Thank you for subscribing to newsletters from GovExec.com.
We think these reports might interest you:

  • Sponsored by G Suite

    Cross-Agency Teamwork, Anytime and Anywhere

    Dan McCrae, director of IT service delivery division, National Oceanic and Atmospheric Administration (NOAA)

    Download
  • Data-Centric Security vs. Database-Level Security

    Database-level encryption had its origins in the 1990s and early 2000s in response to very basic risks which largely revolved around the theft of servers, backup tapes and other physical-layer assets. As noted in Verizon’s 2014, Data Breach Investigations Report (DBIR)1, threats today are far more advanced and dangerous.

    Download
  • Federal IT Applications: Assessing Government's Core Drivers

    In order to better understand the current state of external and internal-facing agency workplace applications, Government Business Council (GBC) and Riverbed undertook an in-depth research study of federal employees. Overall, survey findings indicate that federal IT applications still face a gamut of challenges with regard to quality, reliability, and performance management.

    Download
  • PIV- I And Multifactor Authentication: The Best Defense for Federal Government Contractors

    This white paper explores NIST SP 800-171 and why compliance is critical to federal government contractors, especially those that work with the Department of Defense, as well as how leveraging PIV-I credentialing with multifactor authentication can be used as a defense against cyberattacks

    Download
  • Toward A More Innovative Government

    This research study aims to understand how state and local leaders regard their agency’s innovation efforts and what they are doing to overcome the challenges they face in successfully implementing these efforts.

    Download
  • From Volume to Value: UK’s NHS Digital Provides U.S. Healthcare Agencies A Roadmap For Value-Based Payment Models

    The U.S. healthcare industry is rapidly moving away from traditional fee-for-service models and towards value-based purchasing that reimburses physicians for quality of care in place of frequency of care.

    Download
  • GBC Flash Poll: Is Your Agency Safe?

    Federal leaders weigh in on the state of information security

    Download

When you download a report, your information may be shared with the underwriters of that document.