10 CFR § 708.38 - Implementation of final agency decision.

---
identifier: "/us/cfr/t10/s708.38"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 708.38 - Implementation of final agency decision."
title_number: 10
title_name: "Energy"
section_number: "708.38"
section_name: "Implementation of final agency decision."
chapter_name: "DEPARTMENT OF ENERGY"
part_number: "708"
part_name: "DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 2201(b), 2201(c), 2201(i), and 2201(p); 42 U.S.C. 5814 and 5815; 42 U.S.C. 7251, 7254, 7255, and 7256; and 5 U.S.C. Appendix 3."
regulatory_source: "84 FR 37757, Aug. 2, 2019, unless otherwise noted."
cfr_part: "708"
---


# 708.38 Implementation of final agency decision.

(a) The Head of Field Element having jurisdiction over the contract under which the complainant was employed when the alleged retaliation occurred, or EC Director, will implement a final agency decision by forwarding the decision and order to the contractor, or subcontractor, involved.

(b) An employer's failure or refusal to comply with a final agency decision and order under this regulation may result in a contracting officer's decision to disallow certain costs or terminate the contract for default. In the event of a contracting officer's decision to disallow costs or terminate a contract for default, the contractor may file a claim under the disputes procedures of the contract.