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Note: Additional FA Topics Guidance Pages are available at OCI's Training Portal.
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Overview
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Non-Federal entities who apply for and receive Federal financial assistance awards are required to "establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain." [2] Broadly, applicants (and recipients) need to address any relationship or matter which might put themselves, their employees, or their subrecipients in conflict with their responsibilities under the award and outside interests. During the application process, non-Federal entities must disclose in writing any potential conflicts of interest related to the funding opportunity. If disclosed, the Federal agency or pass-through entity may elect to work with the applicant on a mitigation plan as part of the Federal awards terms and conditions.
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Authorities
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2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
Anchor 200.112 200.112
§200.112 Conflict of interest.
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[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)
200.112
.112-1 Conflict of Interest
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A: Yes. When a subaward for scientific collaboration on a research and development project is included in the application for assistance or requested for prior approval and approved by the Federal awarding agency, the disclosure of any potential nonscientific conflict of interest, if required by the Federal awarding agency, provides sufficient information to the Federal awarding agency for the purpose of compliance with section 200.112.
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Department of the Interior
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§1402.112 What are the conflict of interest policies?
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[84 FR 45635 August 30, 2019]
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Frequently Asked Questions
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As a recipient, how do I ensure I'm compliant with the Uniform Guidance and DOI policy on conflicts of interest?
In the application package, non-Federal entities, to include applicants, must disclose in writing any conflict of interest in accordance with 2 CFR 200.112 (2 CFR 1402.112(b)).
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 conflicts 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 200.318(c)(1) requires non-Federal entities to maintain written conflict of interest standards for contractual activities under Federal awards.
How does the Service inform applicants and recipients of conflict of interest requirements?
FWS funding opportunity announcements and Federal awards include conflict of interest disclosure requirements for applicants and recipients. Please refer to the applicable notice of funding opportunity announcement or your notice of award, or contact the U.S. Fish and Wildlife Service Technical Representative, for information regarding conflict of interest.
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Learning Aids
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Related Pages
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Conflict of Interest (Federal awarding agencies)zz_archive_Conflict of Interest (Non-Federal entities)
Resources
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References
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1. "Conflict of Interest." Merriam-Webster.com. Merriam-Webster, n.d. Web. 29 Dec. 2017.
2. SF-424 Assurances Form (SF-424B/D).
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