The Department of Energy has instructed its employees to label documents related to the assessment of grants and contracts by the Department of Energy’s (DOE) grants and contracts evaluation group (DOGE) as “legally privileged” to avoid disclosure under the Freedom of Information Act.

To facilitate this process, DOGE has provided the agency with spreadsheets that must be completed by agency officials to identify grants and contracts that may be subject to termination or renegotiation. In a memo dated March 17, which was obtained by Axios, the department’s acting general counsel, David R. Taggart, outlined the DOE’s procedures related to DOGE.

According to the memo, political appointees are tasked with evaluating whether grants and contracts are “efficient” and “aligned with DOE policies and priorities”.

Taggart advised agency officials to be concise and consistent when completing the spreadsheets, citing the “highly litigious environment” surrounding DOGE-related departmental cuts.

It is anticipated that few areas of the DOE will be exempt from scrutiny, with even the national laboratory system potentially being included, as each laboratory is managed by private companies under contract.

The standard contracts used by the DOE contain a clause allowing the department to terminate an award if it “no longer supports program goals or agency priorities”.

The memo also provides insight into the potential implementation of DOGE cuts, suggesting that there may be limited review once the spreadsheets are submitted.

Officials are encouraged to provide detailed information, as grouping awards together may overlook differences between contracts and grants, potentially leading to the termination of efficient agreements or the retention of inefficient ones.