[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR719.10]

[Page 391-392]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 719_CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS--Table of Contents
 
                     Subpart B_Legal Management Plan
 
Sec. 719.10  What information must be included in the legal management 
plan?


    The legal management plan must include the following items:
    (a) A description of the legal matters that may necessitate handling 
by retained legal counsel.
    (b) A discussion of the factors the contractor must consider in 
determining whether to handle a particular matter utilizing retained 
legal counsel.
    (c) An outline of the factors the contractor must consider in 
selecting retained legal counsel, including:
    (1) Competition;
    (2) Past performance and proficiency shown by previously retained 
counsel;
    (3) Particular expertise in a specific area of the law;
    (4) Familiarity with the Department's activity at the particular 
site and the prevalent issues associated with facility history and 
current operations;
    (5) Location of retained legal counsel relative to:
    (i) The site involved in the matter,
    (ii) Any forum in which the matter will be processed, and
    (iii) Where a significant portion of the work will be performed;
    (6) Experience as an advocate in alternative dispute resolution 
procedures such as mediation;
    (7) Actual or potential conflicts of interest; and

[[Page 392]]

    (8) The means and rate of compensation (e.g., hourly billing, fixed 
fee, blended fees, etc.).
    (d) A description of:
    (1) The system that the contractor will use to review each case to 
determine whether and when alternative dispute resolution is 
appropriate;
    (2) The role of in house counsel in cost management;
    (3) The contractor's process for review and approval of invoices 
from outside law firms or consultants;
    (4) The contractor's strategy for interaction with, and supervision 
of, retained legal counsel;
    (5) How appropriate interaction with the contracting officer and 
Department counsel will be ensured; and,
    (6) The contractor's corporate approach to legal decision making.