Mandatory Disclosure
Contractors, subcontractors, and grantees working on DOE-funded projects play a crucial role in protecting taxpayer dollars, ensuring program integrity, and promoting ethical conduct. Reporting fraud, waste, abuse, or mismanagement is not only encouraged -it is often required by law.
The DOE Office of Inspector General (OIG) provides a secure and confidential avenue for reporting concerns while ensuring whistleblowers are protected from retaliation.
Contractor and Subcontractor Mandatory Disclosures
The Federal Acquisition Regulation consists of uniform policies and procedures governing the acquisition process for federal agencies. The following FAR provisions require that contractors and subcontractors disclose and report any credible evidence of violations of the following federal statutes to DOE OIG
- Violations of Federal Criminal Law Involving Fraud, Conflict of Interest, Bribery, or Gratuities. FAR 52.203-13 requires contractors and subcontractors to report any credible evidence of fraud, conflict of interest, bribery, or gratuity found in Title 18 of the U.S. code.
- Violations of the False Claims Act. FAR 52.203-13 requires contractors and subcontractors to report any credible evidence of a violation of the civil False Claims Act.
- Violations of the Anti-Kickback Act. FAR 52.203-7 and FAR 3.502-2 requires contractors and subcontractors to report any credible evidence of a violation of the Anti-Kickback Act of 1986.
Grantee and Subgrantee Mandatory Disclosures
The Code of Federal Regulations at 2 C.F.R. § 200.113 requires that grantees and subgrantees any credible evidence of fraud, bribery, or gratuities or a violation of the civil False Claims Act that could potentially affect the federal award.
Using DOE OIG Reporting Channels
Contractors, subcontractors, grantees, and subgrantees should report any misconduct to DOE OIG through its official hotline reporting mechanisms and, if applicable, may also need to notify company leadership or compliance officers, provided internal reporting doesn’t conflict with whistleblower protections.
Reports should include specific details (names, dates, locations, and actions) to ensure an effective DOE OIG investigation.
Failure to report known misconduct may result in legal or contractual consequences, including liability for noncompliance with DOE mandatory reporting requirements.
Whistleblower Protections for DOE Contractors
Federal laws prohibit retaliation against contractors, subcontractors, and grantees who report DOE-related misconduct. These protections ensure individuals can report wrongdoing without fear of job loss or professional consequences.
Protection from Retaliation
Under Federal Acquisition Regulation (FAR) Subpart 3.9 and the DOE’s whistleblower protection policies, it is illegal for a DOE contractor to retaliate against an employee for reporting misconduct related to a DOE contract or grant. Retaliation includes:
- Termination, demotion, or suspension
- Harassment, threats, or intimidation
- Denial of promotions, pay raises, or professional opportunities
- Blacklisting or exclusion from future DOE contracts
Confidentiality and Anonymity
Whistleblowers reporting DOE-related misconduct can file complaints anonymously or confidentially through DOE OIG:
- Anonymous complaints – You don't have to provide your identity, but anonymity prevents DOE OIG from following up with questions.
- Confidential complaints – DOE OIG can contact you for further details while protecting your identity unless disclosure is legally required.
Legal Remedies for Retaliation
If you experience retaliation for reporting DOE-related misconduct, you may file a complaint with the:
- DOE Office of Inspector General (OIG)
- U.S. Department of Labor
How to Report DOE-Related Misconduct
When reporting suspected fraud, waste, abuse, or mismanagement within DOE-funded projects, contact the DOE OIG Hotline staff:
Online: Link to online form I(what online form?)
Phone:
D.C. Metro Area: (202) 586-4073
Toll free: (800) 541-1625
FAX: (202) 586-4902
Email: ighotline@hq.doe.gov
Mail:
U.S. Department of Energy
Office of Inspector General
ATTN: IG Hotline 1000
Independence Avenue, SW
Mail Stop 5D-031
Washington, DC 20585
Additionally, if the misconduct involves your employer, you may also notify your company’s compliance officer, if it doesn’t conflict with DOE whistleblower protections.