DEAR Part 903 covers improper business practices and personal conflicts of interest. Build Ethics Controls Before a Concern Escalates.
An ethics concern rarely arrives with a complete explanation. For example, it may begin as a gift, an unusual consulting arrangement, or an employee’s uncomfortable question. Your company’s response should not depend on improvisation. Therefore, establish a clear route for recognizing concerns and obtaining qualified guidance.
Watch the DEAR Part 903 lesson
Start with DEAR Part 903 and current deviations
DEAR supplements federal acquisition rules for DOE and NNSA. Specifically, Part 903 covers several distinct subjects, including procurement integrity, gratuities, kickbacks, and contractor employee protections. Agency investigation procedures and decision authorities are not automatically identical to a contractor’s duties under an actual agreement.
Use current codified text and applicable DOE and NNSA deviations. Acquisition.gov’s July 2025 baseline is not complete current authority. Also, retain source versions and flag unresolved questions.
Distinguish DOE’s later clean final Part 903 deviation from historical markup and federal rule adoption. Apply the signed deviation and operative text, not merely a notice announcing them.
Start with procurement integrity. First, restrict access to protected procurement information and train employees not to seek or use information they are not authorized to receive. However, an accidental disclosure calls for prompt, appropriate handling, not further forwarding to help the team evaluate its advantage.
Plan the response and identify contractor status
Define an internal escalation route before that happens. Next, preserve relevant facts and ask qualified personnel which legal, contractual, or agency reporting requirements apply. Do not invent one universal reporting deadline; different issues and governing provisions can require different recipients, timing, and actions.
Conflicts require context. For example, an individual’s financial interests, outside relationships, or assigned functions may create a concern distinct from an organizational conflict. Therefore, identify the applicable rule and contract terms. Do not assume every contractor employee is subject to every rule governing federal employees.
DOE’s May 2026 deviation prescribes the contractor identification clause for service solicitations and contracts above the micro purchase threshold. When applicable, contractor personnel must clearly identify their status in communications and meetings, including emails, texts, and video calls.
Gratuities deserve review even when described as customary relationship building. Establish a practical approval process for gifts, meals, travel, and hospitality involving government personnel. Do not teach a blanket permission or numerical safe harbor without verifying the governing restrictions for the specific situation.
Separate kickbacks, fees, and ethics clauses
Kickbacks are not merely awkward gifts. A payment or benefit connected to improperly obtaining or rewarding favorable treatment in a prime contract or subcontract raises distinct concerns. Accordingly, train purchasing personnel to recognize suspicious commissions, unexplained benefits, and requests that bypass normal business controls.
Contingent fees and suspected antitrust conduct require separate analysis. Calling an agreement industry cooperation does not make it acceptable. Therefore, obtain qualified review before signing questionable arrangements or sharing sensitive pricing.
Check the ethics and business conduct provisions actually applicable to the award. For example, requirements can depend on contract characteristics and governing prescriptions. Do not assume every code, disclosure mechanism, training requirement, or subcontract term applies identically to every DOE contractor and every purchasing relationship.
Protect reporting employees
Whistleblower protections are equally important. Part 903 connects to DOE’s contractor employee protection program in title ten, Part seven hundred eight. Its coverage and procedures must be checked. In addition, other applicable statutory or contractual protections may require separate consideration for the situation.
Do not retaliate against employees for protected activity. Also, explain reporting options without promising absolute confidentiality, immunity, or a particular outcome. Restrict internal information appropriately, but do not use nondisclosure instructions to obstruct legally protected communications or access to authorized reporting channels and assistance.
A fictional consultant offer
Consider a clearly fictional example. Juniper Field Services is preparing a DOE related subcontract proposal. A consultant offers competitor pricing and proposes a success payment. An employee raises concerns. The manager pauses the arrangement, preserves communications, and involves the designated compliance contact without retaliating.
Juniper evaluates the source, payment, relationship, and requirements with qualified support. It neither circulates the material nor promises secrecy. Juniper records the facts without treating a concern as proof of misconduct.
Preparation checklist
Use these eight fields to organize the review. Assign an owner and retain the supporting evidence.
- Activity and Contract
- Applicable Requirement
- Risk and Facts
- Responsible Contact
- Information Controls
- Required Response
- Employee Protection
- Follow Through Evidence
Three operating questions
Ask three operating questions. What requirement governs this conduct and relationship? Where can the concern be raised without obstructing protected reporting? What documented action protects people, evidence, and required processes now? Use those questions during training, purchasing reviews, and management discussions before problems grow.
Official sources and applicability
Sources reviewed November 7, 2026. The Acquisition.gov index has a July 2025 baseline. Check current codified text, applicable DOE/NNSA deviations, and the solicitation or contract. Agency procedures and contractor duties serve different purposes.
Build your readiness baseline
Explore GovAssessment to organize your business preparation and improvement priorities. Read our FAR summaries for the broader acquisition framework.
General education, not legal advice or official DOE guidance. GovAssessment does not certify compliance, confer approvals, or guarantee an award.
