Department of Energy (“DOE”) Contracting

Overview

Department of Energy (“DOE”) contracts present unique requirements and dynamics.

Along with its National Nuclear Security Administration, DOE is the largest federal civilian contracting agency and plays a key role in advancing U.S. national defense. DOE spends about 90 percent of its $30 billion in annual appropriation on contracts to manage and operate scientific laboratories, engineering and production facilities, and environmental restoration sites, as well as to construct facilities.

Blank Rome’s Government Contracts team has industry-leading experience handling a variety of matters for clients across the DOE complex, and a deep understanding of the work ongoing at Hanford, Oak Ridge, Savannah River, the Waste Isolation Pilot Plant (“WIPP”), and other DOE sites.

How We Can Help

Managing contractor responses to audits, whistleblower complaints, and Civil Investigative Demands
Prime/subcontractor disputes
Cost allowability disputes
Bid protests
General counseling

Leveraging our Accounting, Cost, and Pricing capabilities, Blank Rome’s attorneys are well-versed in the legal cost allowability rules of 10 C.F.R. § 719 and have presented to government and industry audiences on 10 C.F.R. § 719 and related issues of privilege and allowability.

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Experience

Investigated and defended False Claims Act qui tam action against M&O contractor.
Managed response to Civil Investigative Demands served on management and operations (“M&O”) and major prime contractors.
Successful resolution of prime/subcontractor disputes for M&O contractor.
- Critical Applications Alliance, LLC v. Nuclear Waste Partnership LLC, No. 2:20-cv-01103-KG-SMV (D.N.M.)—dismissed with prejudice following settlement
- Christensen Building Group, LLC v. Nuclear Waste Partnership LLC, No. 2:20-cv-01288-JCH-GBW (D.N.M.)—dismissed with prejudice following settlement
Represented contractor in Civilian Board of Contract Appeals (“CBCA”) appeal of cost disallowance.
Managed investigation and defense of Office of Inspector General (“OIG”) whistleblower investigation.
Advised M&O contractor on termination of major subcontractor.
Represented M&O contractor in dispute over bond coverage under Miller Act.
Represented a National Nuclear Security Administration security contractor in negotiating an Administrative Agreement to enable its continued support of DOE following a criminal investigation into former corporate officials.