10 CFR § 719.41 - How does the Department determine whether fees are reasonable?

---
identifier: "/us/cfr/t10/s719.41"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 719.41 - How does the Department determine whether fees are reasonable?"
title_number: 10
title_name: "Energy"
section_number: "719.41"
section_name: "How does the Department determine whether fees are reasonable?"
chapter_name: "DEPARTMENT OF ENERGY"
part_number: "719"
part_name: "CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 2201, 5814, 5815 and 7101,  50 U.S.C. 2401,"
regulatory_source: "78 FR 25809, May 3, 2013, unless otherwise noted."
cfr_part: "719"
---


# 719.41 How does the Department determine whether fees are reasonable?

In determining whether fees or rates charged by retained legal counsel are reasonable, the Department may consider among other things:

(a) Whether the lowest reasonably achievable fees or rates (including any currently available or negotiable discounts) were obtained from retained legal counsel;

(b) Whether lower rates from other firms providing comparable services, at appropriate competency and experience levels, were available;

(c) Whether alternative rate structures such as flat, contingent, and other innovative proposals, were considered; and

(d) The complexity of the legal matter and the expertise of the law firm in this area.