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disclosure made in the ordinary course of an employee's duties, to the Accountability and <br />Transparency Board, an inspector general, the Comptroller General, a member of Congress, a <br />State or Federal regulatory or law enforcement agency, a person with supervisory authority over <br />the employee (or other person working for the employer who has the authority to investigate, <br />discover or terminate misconduct, a court or grant jury, the head of a Federal agency, or their <br />representatives information that the employee believes is evidence of: <br />— gross management of an agency contract or grant relating to covered funds; <br />— a gross waste of covered funds <br />— a substantial and specific danger to public health or safety related to the implementation <br />or use of covered funds; <br />— an abuse of authority related to the implementation or use of covered funds; or <br />— as violation of law, rule, or regulation related to an agency contract (including the <br />competition for or negotiation of a contract) or grant, awarded or issued relating to <br />covered funds. <br />Agency Action: Not later than 30 days after receiving an inspector general report of an alleged <br />reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that <br />the non - Federal employer has subjected the employee to a prohibited reprisal. The agency shall <br />either issue an order denying relief in whole or in part or shall take one or more of the following <br />actions: <br />— Order the employer to take affirmative action to abate the reprisal. <br />— Order the employer to reinstate the person to the position that the person held before the <br />reprisal, together with compensation including back pay, compensatory damages, <br />employment benefits, and other terms and conditions of employment that would apply to <br />the person in that position if the reprisal had not been taken. <br />— Order the employer to pay the employee an amount equal to the aggregate amount of all <br />costs and expenses (including attorneys' fees and expert witnesses' fees) that were <br />reasonably incurred by the employee for or in connection with, bringing the complaint <br />regarding the reprisal, as determined by the head of a court of competent jurisdiction. <br />Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring <br />Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies <br />provided to aggrieved employees by this section may not be waived by any agreement, policy, <br />form, or condition of employment, including any predispute arbitration agreement. No predispute <br />arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out <br />of this section. <br />Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds <br />under the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, shall post notice of <br />the rights and remedies as required therein. (Refer to section 1553 of the American Recovery and <br />Reinvestment Act of 2009, Pub. L. 111 -5, www.Recovery.gov, for specific requirements of this <br />section and prescribed language for the notices.). <br />G. Request for Reimbursement (this version is included in WAP /SEP awards with states) <br />RESERVED <br />H. False Claims Act <br />Recipient and sub - recipients shall promptly refer to the DOE or other appropriate Inspector General <br />any credible evidence that a principal, employee, agent, contractor, sub - grantee, subcontractor or <br />other person has submitted a false claim under the False Claims Act or has committed a criminal or <br />civil violation of laws pertaining to fraud, conflict or interest, bribery, gratuity or similar misconduct <br />involving those funds. <br />Information in supporting of Recovery Act Reporting <br />Recipient may be required to submit backup documentation for expenditures of funds under the <br />Recovery Act including such items as timecards and invoices. Recipient shall provide copies of <br />backup documentation at the request of the Contracting Officer or designee. <br />Solicitation No. 2011WXSSP <br />Pape 39 of 53 <br />Attachment number 1 <br />F -4 Page 151 <br />