To implement the Federal Aquisition Regulation rule on Contractor Disclosures (effective December 12th, 2008), this form has been created to assist the Contractor in notifying the USDA Office of Inspector General, whenever the contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of the civil False Claims Act or a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations in connection with the award, performance, or closeout of a contract or any related subcontract.
41 U.S.C. § 4712 extends protection from whistleblower reprisal to personnel falling in any of the following categories:
- Personal services contractors
- Employees of contractors
- Employees of subcontractors
- Employees of grantees
- Employees of subgrantees
What is a whistleblower?
A whistleblower is an employee of a Federal contractor, subcontractor, grantee, or subgrantee or a personal services contractor who discloses information that the individual reasonably believes is evidence of:
- Gross mismanagement of a Federal contract or grant;
- A gross waste of Federal funds;
- An abuse of authority relating to a Federal contract or grant;
- A substantial and specific danger to public health or safety; or
- A violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant.
To whom must the disclosure be made to be protected?
To be protected under 41 U.S.C. § 4712, a disclosure regarding a USDA contract, subcontract, grant, subgrant or personal services contract must be made to one of the following:
- A Member of Congress, or a representative of a committee of Congress;
- The OIG;
- The Government Accountability Office (GAO);
- A Federal employee responsible for contract or grant oversight or management at USDA;
- An otherwise authorized official at USDA or other law enforcement agency;
- A court or grand jury; or
- A management official or other employee of the contractor, subcontractor, grantee, or subgrantee who has the responsibility to investigate, discover, or address misconduct.
The USDA OIG has jurisdiction to investigate such allegations of reprisal for whistleblowing. To make such a complaint, complete the form below or contact the USDA Whistleblower Protection Coordinator at OIGWPC@oig.usda.gov.