48 CFR § 1852.216-90 - 1852.216-90 Allowability of legal costs incurred in connection with a whistleblower proceeding.

---
identifier: "/us/cfr/t48/s1852.216-90"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 1852.216-90 - 1852.216-90   Allowability of legal costs incurred in connection with a whistleblower proceeding."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "1852.216-90"
section_name: "1852.216-90   Allowability of legal costs incurred in connection with a whistleblower proceeding."
chapter_number: 18
chapter_name: "NATIONAL AERONAUTICS AND SPACE ADMINISTRATION"
subchapter_number: "H"
subchapter_name: "CLAUSES AND FORMS"
part_number: "1852"
part_name: "SOLICITATION PROVISIONS AND CONTRACT CLAUSES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "51 U.S.C. 20113(a) and 48 CFR chapter 1."
regulatory_source: "54 FR 28340, July 5, 1989, unless otherwise noted."
cfr_part: "1852"
---


# 1852.216-90 1852.216-90   Allowability of legal costs incurred in connection with a whistleblower proceeding.

As prescribed in 1816.307-70(g), use the following clause:

****Allowability of Legal Costs Incurred In Connection with a Whistleblower Proceeding (JUL 2023)

Pursuant to section 827 of the National Defense Authorization Act for Fiscal year 2013 (Pub. L. 112-239), notwithstanding FAR clause 52.216-7, Allowable Cost and Payment—

(1) 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

(2) 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)

[79 FR 43961, July 29, 2014, as amended at 79 FR 51501, Aug. 29, 2014; 80 FR 61994, Oct. 15, 2015; 88 FR 47808, July 25, 2023]