[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR719.39]

[Page 400-401]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 719_CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS--Table of Contents
 
          Subpart D_Reimbursement of Costs Subject to This Part
 
Sec.  719.39  What happens when more than one contractor is a party to 
a matter?

    (a) If more than one contractor is a party in a particular matter 
and the issues involved are similar for all the contractors, a single 
legal counsel designated by the General Counsel must either represent 
all of the contractors

[[Page 401]]

or serve as lead counsel, when the rights of the contractors and the 
government can be effectively represented by a single legal counsel, 
consistent with the standards for professional conduct applicable in the 
particular matter. Contractors may propose to the General Counsel their 
preference for the individual or law firm to perform as the lead counsel 
for a particular matter.
    (b) If a contractor, having been afforded an opportunity to present 
its views concerning joint or lead representation, does not acquiesce in 
the designation of one retained legal counsel to represent a number of 
contractors, or serve as lead counsel, then the legal costs of such 
contractor are not reimbursable by the Department, unless the contractor 
persuasively shows that it was reasonable for the contractor to incur 
such expenses.