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48 CFR § 252.216-7009 - 252.216-7009 Allowability of Legal Costs Incurred in Connection with a Whistleblower Proceeding. 

---
identifier: "/us/cfr/t48/s252.216-7009"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 252.216-7009 - 252.216-7009   Allowability of Legal Costs Incurred in Connection with a Whistleblower Proceeding."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "252.216-7009"
section_name: "252.216-7009   Allowability of Legal Costs Incurred in Connection with a Whistleblower Proceeding."
chapter_number: 2
chapter_name: "DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE"
subchapter_number: "H"
subchapter_name: "CLAUSES AND FORMS"
part_number: "252"
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: "41 U.S.C. 1303 and 48 CFR chapter 1."
regulatory_source: "56 FR 36479, July 31, 1991, unless otherwise noted."
cfr_part: "252"
---

# 252.216-7009 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]