---
kind: "section"
citation: "10 C.F.R. § 719.30"
title: "10"
number: "719.30"
heading: "In what circumstances may the contractor initiate litigation, including appeals from adverse decisions?"
url: "https://uscodex.org/cfr/10/719.30"
---

# §719.30. In what circumstances may the contractor initiate litigation, including appeals from adverse decisions?

- (a) The contractor must provide written notice to Department Counsel prior to initiating litigation or appealing from adverse decisions.
- (b) The contractor may not initiate litigation for which it seeks reimbursement without prior written authorization of Department Counsel.
- (c) The following information must be provided to Department Counsel by the contractor prior to initiating litigation or appealing an adverse decision:
  - (1) Identification of the proposed parties;
  - (2) The nature of the proposed action;
  - (3) Relief sought;
  - (4) Venue;
  - (5) Proposed representation and reason for selection;
  - (6) An analysis of the issues and the likelihood of success, and any time limitation associated with the requested approval;
  - (7) The estimated costs associated with the proposed action, including whether outside counsel has agreed to a contingent fee arrangement;
  - (8) Whether, for any reason, the contractor will assume any part of the costs of the action;
  - (9) A description of any attempts to resolve the issues that would be the subject of the litigation, such as through mediation or other means of alternative dispute resolution; and
  - (10) A discussion regarding why initiating litigation would prove beneficial to the contractor and to the Department.

## Notes

### Authority

Authority: 42 U.S.C. 2201, 5814, 5815 and 7101, et seq.; 50 U.S.C. 2401, et seq.

### Source

Source: 78 FR 25809, May 3, 2013, unless otherwise noted.