Page History
...
[80 FR 43308, July 22, 2015]
2 CFR 200.318(c)(1)
The non-Federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-Federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal entity.
(2) If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the non-Federal entity must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 43309, July 22, 2015]
The Council on Financial Assistance Reform's (COFAR) Frequently Asked Questions on 2 CFR 200 (July 2017 update)
...
Some potential conflict of interest situations include: (1) financial interest, including ownership in stocks and bonds, in a firm which submits or is expecting to submit an application; (2) outstanding financial commitments to any applicant or potential applicant; (3) employment in any capacity, even if otherwise permissible, by any applicant or potential applicant; (4) employment within the last 12 months by any applicant or potential applicant; (5) any vested pension or reemployment rights, or interest in profit sharing or stock bonus plans; (6) employment of any member of the immediate family by any applicant or potential applicant; (7) positions of trust that may include employment, past or present, as an officer, director, trustee, agent, attorney, etc.; (8) a close personal relations that may include a childhood or other friend, sibling, or other family relations that may compromise or impair the fairness and impartiality of the proposal evaluator or advisor and grants officer during the proposal evaluation and award selection process; (9) negotiation of outside employment with any applicant or potential applicant.
As a recipient, how do I ensure I'm compliant with the Uniform Guidance and FWS policy on conflicts of interest?
In the application package, you must disclose disclose any potential conflict of interest to the Service. See here for more information.
I plan to subaward Federal funds. What are my responsibilities as a pass-through entity regarding potential conflicts of interest by my subrecipient?
As a pass-through entity, you must communicate the Federal awarding agency's conflict of interest disclosure policy to your subrecipients, as stated in 2 CFR 200.112.
I have received a Federal subaward and may have a conflict of interest. Do I report this to the Service?
No. You must report this to the pass-through entity who will communicate, if needed, with the Service.
I know avoiding conflict of interest is very important under Federal procurement rules. Are there conflict of interest requirements for contracts under Federal financial assistance awards?
Yes. 2 CFR 200.338318(c)(1) requires non-Federal entities to maintain written conflict of interest standards for contractual activities under Federal awards.
The non-Federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-Federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal entity.
(2) If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the non-Federal entity must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.
...
As a recipient of financial assistance awards, how do I become aware of the U.S. Fish and Wildlife conflict of interest requirements?
...
