Allegation Regarding Department of Energy Retaliation Against a Contractor
October 12, 2022
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October 6, 2022
Allegation Regarding Department of Energy Retaliation Against a Contractor
The Office of Inspector General received an allegation that the Department of Energy’s Office of Administrative Management and Support (MA-42), within the Office of Management and Administration, retaliated against a prime contractor by refusing to consider the company for a follow-on contract despite successful performance as the incumbent contractor. We initiated this inspection to determine the facts and circumstances surrounding the allegation concerning retaliatory actions taken by MA-42 against a prime contractor.
We did not substantiate the allegation that MA-42 retaliated against a prime contractor by refusing to consider the company for a follow-on contract despite longstanding successful performance under an ongoing contract. While our inspection found that the contractor did not receive the follow-on contract, we determined that the Department’s award decision was not inappropriate or retaliatory in nature. Even though the allegation was unsubstantiated, we identified several actions taken by MA-42 regarding management of the contract and contractor personnel that did not meet the standards of ethical conduct for employees of the executive branch as defined in Title 5 Code of Federal Regulations Part 2635, Standards of Ethical Conduct for Employees of the Executive Branch. An Office of Management and Administration official told us this occurred because she was unaware of any unethical actions taking place. An MA-42 official said he was unaware of the Department’s guidance on ethical conduct for Federal employees. However, we determined that both officials received annual ethics training.
Government employees are responsible for ensuring complete confidence in the integrity of the Federal Government. Concerns such as those identified in this report may erode the American public’s confidence in the Department and contribute to the appearance that the Department’s work is not being conducted with honesty, integrity, and impartiality.
To address the issues identified in this report, we have made two recommendations that, if fully implemented, should help ensure that the issues identified during our inspection are corrected.