09123-09 subcontract - University of North Dakota

Research Partnership to Secure Energy for America
“Financial relationship” includes financial interests in the parent company, affiliates or
subsidiaries of applicants for (or recipients of) research project awards. For Covered
Individuals, “financial relationship” also includes current or pending employment
(including discussions of possible employment) with applicants for (or recipients of)
research project awards made in accordance with this contract’s statement of work
(Appendix 1).
“Conflicts of interest” includes any financial interests in, or financial relationships with,
applicants for (or recipients of) project awards.
(b)
The Program Consortium shall immediately disclose to the Contracting Officer
real or apparent conflicts of interest between applicants for (or recipients of)
research project awards and the following entities: (1) The Program Consortium
(i.e., the Contractor), (2) Consortium Members, and (3) Covered Individuals.
Disclosure is not required where such relationships or interests would be
considered to be “remote or inconsequential,” as defined by the U. S. Office of
Government Ethics under 5 CFR Part 2640.201.
(c)
Upon making a disclosure of real or apparent conflict of interest, the Program
Consortium shall provide to the DOE Contracting Officer a Recusal Plan
addressing how the affected Covered Individual will be separated from all
decision making, including, but not limited to, selection decisions and oversight
of the research project award recipient. Recusal shall also include separation of
the affected Covered Individual from supervisory authority, or any other
influence, over the Program Consortium individuals who will administer the
research project either before or after subcontract award. The DOE Contracting
Officer will review the Recusal Plan and shall have the unilateral right to
approve the plan, or reject it if in the Contracting Officer’s opinion the plan fails
to avoid, neutralize or mitigate the real or apparent conflict of interest, or if the
Contracting Officer reasonably believes that implementation of the plan will
interfere with the efficient operation of work under the contract. The
Contracting Officer may, for example, determine that recusal is not a viable
option if the financial interests and relationships of Program Consortium
Members and Covered Individuals are so intertwined that a real or apparent
conflict of interest for one Covered Individual creates potential conflicts of
interest for other Covered Individuals. In the event that the DOE Contracting
Officer ultimately determines that the real or apparent conflict of interest
cannot be avoided, mitigated or neutralized, the Government shall have the
option to disqualify the affected research project application or terminate a
research project award made under this contract. As a remedy, the DOE may
also order the cancellation of a competitive solicitation for research projects
made under this contract and reissue the solicitation as a financial assistance
opportunity under NETL’s program of research and other activities
complimentary to the research projects being supported under this contract.
09123-09 - University of North Dakota (WANG)
Schedule B – U.S. Government Terms and Conditions, Part Il DOE Supplements 19