§5918. Organizational conflicts

(a) Conflicts of interest

The Secretary shall by regulation require any person proposing to enter into a contract, agreement, or other arrangement, with the Secretary whether by advertising or negotiation, or for technical consulting and management support services or other such similar services to provide the Secretary, prior to entering into any such contract, agreement, or arrangement, with all relevant information bearing on whether that person has a possible conflict of interest with respect to (1) being able to render impartial, technically sound, or objective assistance or advice in light of other interests or relationships with other persons or (2) being given an unfair competitive advantage. Such person shall insure, in accordance with regulations published by the Secretary, compliance with this section by subcontractors of such person who are engaged to perform similar services.

(b) Requisite affirmative finding; conflicts of interest which cannot be avoided; mitigation of conflicts

The Secretary shall not enter into any such contract, agreement, or arrangement unless he affirmatively finds after evaluating all such information and any other relevant information otherwise available to him, either that (1) there is little or no likelihood that a conflict of interest would exist, or (2) that such conflict has been avoided after appropriate conditions have been included in such contract, agreement, or arrangement: Provided, That if he determines that such conflict of interest exists and that such conflict of interest cannot be avoided by including appropriate conditions therein, the Secretary may enter into such contract, agreement, or arrangement, if he determines that it is in the best interests of the United States to do so and includes appropriate conditions in such contract, agreement, or arrangement to mitigate such conflict.

(c) Publication of implementing rules

The Secretary shall publish rules for the implementation of this section, in accordance with section 553 of title 5 as soon as possible after June 3, 1977, but in no event later than 180 days after such date.

(Pub. L. 93–577, §19, as added Pub. L. 95–39, title IV, §401, June 3, 1977, 91 Stat. 190 ; amended Pub. L. 95–91, title III, §301(a), title VII, §§703, 707, Aug. 4, 1977, 91 Stat. 577 , 606, 607.)

Codification

Another section 19 of the Federal Nonnuclear Energy Research and Development Act of 1974 was enacted by Pub. L. 95–238, title II, §207(b), Feb. 25, 1978, 92 Stat. 61 , and is classified to section 5919 of this title.

Transfer of Functions

"Secretary", meaning Secretary of Energy, substituted for "Administrator" in text and for "Energy Research and Development Administration" in subsec. (a) pursuant to sections 301(a), 703, and 707 of Pub. L. 95–91, which are classified to sections 7151(a), 7293, and 7297 of this title and which terminated Energy Research and Development Administration and transferred its functions and functions of Administrator thereof (with certain exceptions) to Secretary of Energy.