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<br /> <br />30 <br />Revised 9/8/2021 <br /> <br /> <br /> Centers for Medicare & Medicaid Services <br /> Standard Grant/Cooperative Agreement Terms and Conditions <br /> Attachment D <br /> <br /> <br />Pilot Program for Enhancement of Contractor Employee Whistleblower Protections <br /> <br />Recipients are hereby give n notice that the 48 CFR section 3.908, implementing section 828, <br />entitled “Pilot Program for Enhancement of Contractor Employee Whistleblow er Protections,” of <br />the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013 (Pub. L. 112-239, <br />enacted January 2, 2013), applies to this award. <br />Federal Acquisition Regulations <br />As promulgated in the Federal Register, the relevant portions of 48 CFR se ction 3.908 read as <br />follows (note that use of the term “contract,” “contractor,” “subcontra ct,” or “subcontractor” for <br />the purpose of this term and condition, should be read as “grant,” “grantee,” “s ubgrant,” or <br />“subgrantee”): <br />3.908 Pilot program for enhancement of contractor employee whistleblower protections <br /> <br />3.908-1 Scope of section. <br />(a) This section implements 41 U.S.C. 4712. <br />(b) This section does not apply to— <br /> (1) DOD, NASA, and the Coast Guard; or <br /> (2) Any element of the intelligence community, as defined in section 3(4) of the National <br />Security Act of 1947 (50 U.S.C. 3003(4)). This section does not apply to any disclosure <br />made by an employee of a contractor or subcontractor of an element of the intelligence <br />community if such disclosure - <br /> (i) Relates to an activity of an element of the intelligence community; or <br /> (ii) Was discov ered during contract or subcontract services provided to an element of the <br />intelligence community. <br /> <br /> 3.908-2 Definitions <br /> As used in this section – <br /> Abuse of authority means an arbitrary and capricious exercise of authority that is inconsistent <br />with the mission of the executive agency concerned or the successful performance of a <br />contract of such agency. Inspector General means an Inspector General appointed under the <br />Inspector General Act of 1978 and any Inspector General that receives funding f rom, or has <br />oversight over contracts awarded for, or on behalf of, the executive agency concerned. <br /> <br /> 3.908-3 Policy <br /> 1. Contractors and subcontractors are prohibited from discharging, demoting, or othe rwise <br />discriminating against an employee as a reprisal for disclosing, to a ny of the entities listed at <br />DocuSign Envelope ID: 7832B0E4-F34E-430E-A3C2-1A6A14F29307