PDF version

U.S. Department of Energy					ORDER
	   Washington, D.C.				DOE O 221.2A

								Approved: 2-25-08

SUBJECT: COOPERATION WITH THE OFFICE OF INSPECTOR GENERAL

1.	PURPOSE. To establish responsibilities and requirements 
	for cooperating with the Department of Energy (DOE) 
	Office of Inspector General (OIG).
	
2.	CANCELLATION. DOE O 221.2, Cooperation with the Office of 
	Inspector General, dated 3-22-01. Cancellation of a directive 
	does not, by itself, modify or otherwise affect any contractual
	obligation to comply with the directive. Contractor
	requirement documents (CRDs) that have been incorporated
	into, or attached to, a contract remain in effect until the
	contract is modified to either eliminate requirements that
	are no longer applicable or substitute a new set of
	requirements.
	
3.	APPLICABILITY.

	a.	DOE Elements. This Order applies to all Departmental 
		elements, including those created after the Order is issued. 
		(Go to http://www.directives.doe.gov/pdfs/reftools/org-list.pdf
		for the current listing of Departmental elements.)
		
		For purposes of this Order, the National Nuclear
		Security Administration (NNSA), a separately organized
		Agency within the Department answering to the
		Secretary, is included as a DOE element.
		
		The Administrator of the NNSA will assure that NNSA
		employees and contractors comply with their respective
		responsibilities under this Order.
		
	b.	DOE Contractors. The CRD (Attachment 1) sets forth
		contractor requirements. The CRD must be included in
		all DOE major facilities management contracts. The
		requirements contained in the CRD may be included in
		other contracts at DOE sites when deemed appropriate
		and negotiated into individual contracts.
		
	c.	Exclusions. None.

4.	REQUIREMENTS.

	a.	All DOE employees must cooperate fully and promptly
		with requests from the OIG for information and data
		relating to DOE programs and operations.
		
	b.	All DOE employees must also comply with requests for
		interviews and briefings and must provide affidavits or
		sworn statements, if so requested by an employee of the
		OIG so designated to take affidavits or sworn
		statements.
		
	c.	The OIG is not required to give advance notice nor seek
		the approval of any official in DOE before conducting
		audits, inspections, or investigations.
		
		(1)	When possible, supervisors will be informed in
			advance that their areas of responsibility are to
			be audited or inspected.
			
		(2)	Because some OIG investigations may involve
			allegations of criminal misconduct, circumstances
			will dictate whether, and what type of, notice
			will be given.
			
	d.	Employees must not impede or hinder other employees’
		cooperation with the OIG.
		
5.	RESPONSIBILITIES.

	a.	Office of Inspector General.

		(1)	Normally, the OIG will not, after receipt of a
			complaint from an employee, disclose the identity
			of the employee without the consent of the
			employee.
			
		(2)	Circumstances when the OIG will disclose
			personally identifiable information include, but
			are not limited to —
			
			(a)	referrals to appropriate agencies for law
				enforcement purposes;
				
			(b)	disclosures under court order and to
				administrative bodies, such as the Merit
				Systems Protection Board, when due process
				would require disclosure;
				
			(c)	responses to requests by congressional
				committees and subcommittees; and,
				
			(d)	referrals to other agencies that may have
				cognizance over the matter.
				
		(3)	OIG personnel will maintain appropriate security
			clearances to access classified information.
			
	b.	DOE Managers must ensure that reprisals are not 
		taken against employees who cooperate with or 
		disclose information to the OIG or other lawful 
		appropriate authority.
		
	c.	Heads of Departmental Elements and NNSA’s Senior
		Procurement Executive must notify contracting officers 
		of affected contracts to incorporate the CRD of this 
		order into the contracts.
		
	d.	Contracting Officer once notified that this order must 
		be applied to a contract, must include the CRD in affected 
		contracts.
		
6.	RELATIONSHIP WITH OTHER LAWS. Nothing in this order shall abrogate 
	the employee’s constitutional rights.
	
7.	REFERENCES.

	a.	Public Law (P.L.) 95-452, the Inspector General Act of
		1978, as amended [5 United States Code (U.S.C.), App.
		3], which sets forth the authority and functions of the
		Inspector General.
		
	b.	Title 10 Code of Federal Regulations Part 1010, Conduct
		of Employees, which requires DOE employees to cooperate
		with the OIG.
		
	c.	DOE O 224.2A, Auditing of Programs and Operations,
		dated 11-09-07 which defines the audit
		responsibilities.
		
	d.	Title 5 United States Code (U.S.C.) section 2302(b)(8)
		and (b)(9), which prohibits personnel actions against
		employees because of cooperation with or disclosure of
		information to the OIG.
		
	e.	Title XXXII of P.L. 106-65, National Nuclear Security
		Administration Act, as amended, which established a
		separately organized agency within DOE.
		
	f.	DOE O 221.1, Reporting Fraud, Waste, and Abuse to the
		Office of Inspector General, dated 3-22-01, which
		establishes policies and procedures for such reporting.
		
8.	NECESSITY FINDING STATEMENT. In compliance with Sec. 3174 of 
	P.L. 104-201 (50 U.S.C. 2584), DOE hereby finds that this 
	Order is necessary for the protection of human health and 
	the environment or safety, fulfillment of current legal 
	requirements, or conduct of critical administrative functions.
	
9.	CONTACT. Questions concerning this Order should be addressed to the
	Office of Inspector General at 202-586-4128.
	
BY ORDER OF THE SECRETARY OF ENERGY:
								CLAY SELL
								Deputy Secretary

					ATTACHMENT 1
			 CONTRACTOR REQUIREMENTS DOCUMENT
 DOE O 221.2A, COOPERATION WITH THE OFFICE OF INSPECTOR GENERAL
						  
						  
Regardless of the performer of the work, the contractor is
responsible for complying with the requirements of this
Contractor Requirements Document (CRD) and flowing down CRD
requirements to subcontractors at any tier to the extent
necessary to ensure contractor compliance.

As directed by the contracting officer, the contractor must meet
the following requirements.

1.	GENERAL REQUIREMENTS.
	
	Department of Energy (DOE) and National Nuclear Security
	Administration contractors must ensure that their employees
	cooperate fully and promptly with requests from the Office
	of Inspector General (OIG) for information and data relating
	to DOE programs and operations.
	
2.	SPECIFIC REQUIREMENTS. Contractors must ensure that all
	their employees understand that they must:
	
	a.	comply with requests for interviews and briefings and
		must provide affidavits or sworn statements, if so
		requested by an employee of the OIG so designated to
		take affidavits or sworn statements.
		
	b.	not impede or hinder another employee’s cooperation
		with the OIG.
		
	c.	ensure that reprisals are not taken against DOE
		contractor employees who cooperate with or disclose
		information to the OIG or other lawful appropriate
		authority.