Government Expands Access to Contractor Employees

The FAR Council has made final an interim rule that gives the Government Accountability Office authority to interview contractor employees when performing certain audit functions. The rule amends FAR clauses 52.215-2, Audit and Records – Negotiation and 52.21426, Audit and Records – Sealed Bidding. However the rule does not apply to clauses affecting commercial item contracts (Fed. Reg. 52851).

In a separate action, Rep. John Conyers introduced a bill that would allow inspectors general to subpoena contractors, contractor employees and former agency employees to give testimony by deposition as part of IG investigations into alleged wrongdoing. The proposed legislation is already drawing both positive and negative reactions. The bill is intended to avoid IG investigations that were hindered by witnesses simply resigning their positions to avoid being interviewed and subpoena power if it interferes with national security, federal or state criminal prosecution or civil litigation.

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