Code of Federal Regulations Title 10. Energy § 10.719.30 In what circumstances may the contractor initiate litigation, including appeals from adverse decisions?

(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.