(a) The Head of Field Element having jurisdiction over the contract under which the complainant was employed when the alleged retaliation occurred, or EC Director, will implement a final agency decision by forwarding the decision and order to the contractor, or subcontractor, involved.

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Terms Used In 10 CFR 708.38

  • Contract: A legal written agreement that becomes binding when signed.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

(b) An employer’s failure or refusal to comply with a final agency decision and order under this regulation may result in a contracting officer’s decision to disallow certain costs or terminate the contract for default. In the event of a contracting officer’s decision to disallow costs or terminate a contract for default, the contractor may file a claim under the disputes procedures of the contract.