We performed our inspection to determine whether the U.S. Department of Education (Department) ensured that contractors and grantees notified employees in writing of the whistleblower protections provided under 41 United States Code 4712 (Section 4712). We found that the Department did not adequately ensure that contractors and grantees notified employees in writing of the protections provided under Section 4712. Specifically, we found that the Department did not always include the required contractor employee whistleblower protections clause in contract awards, did not include a sufficient reference to whistleblower protections in its Grant Award Notifications, and did not have a process in place to ensure that contractors and grantees actually notified their employees of the whistleblower protections. We made 4 recommendations to address the issues identified.
Open Recommendations
| Recommendation Number | Significant Recommendation | Recommended Questioned Costs | Recommended Funds for Better Use | Additional Details | |
|---|---|---|---|---|---|
| 1.1 | Yes | $0 | $0 | ||
| We recommend that the Assistant Secretary for the Office of Finance and Operations ensure that the office ofAcquisition, Grants, and Risk Management develops and implements a process for ensuring that contractor,subcontractor, grantee and subgrantee employees are notified in writing of their whistleblower protections in thepredominant native language of the workforce. | |||||
| 1.2 | Yes | $0 | $0 | ||
| We recommend that the Assistant Secretary for the Office of Finance and Operations ensure that Federal Student Aidand Contracts and Acquisition Management staff are aware of and adhere to applicable Department policy (e.g.,Acquisition Alerts) and FAR requirements and that the Department's contract review processes are following currentrequirements and policy. | |||||
| 1.3 | Yes | $0 | $0 | ||
| We recommend that the Assistant Secretary for the Office of Finance and Operations include reference to 2 C.F.R.200.300, which includes a specific reference to the Section 4712, or other language highlighting a grantee's responsibilityto inform their employees of whistleblower protections, in new Grant Award Notifications, similar to the specific referenceincluded in contract awards. | |||||
| 1.4 | Yes | $0 | $0 | ||
| We recommend that the Assistant Secretary for the Office of Finance and Operations ensure that the contracts noted inthe OIG's review that included the incorrect clause are updated. | |||||
