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B-178205 1 (1976-09-30)

handle is hein.gao/gaobaafod0001 and id is 1 raw text is: 



    e                COMPTROLLER GENERAL OF THE UNITED STATES
V,                              WASHINGTON. D.C. 20548        r
    5'                                                        4


S-178205 ,I'~


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The Honorable Ken Hechler
Chairman, Subcoaaittee on Energy Research
  Development and Demonstration (Fossil Fuels)
Committee on Science & Technology
House of Representatives


SEP 3 0 1976




            LM095782


Dear Hr. Cairman:


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      Your letter dated August 10, 1976, requests our comnents on
the positiou takeu by the Eneruy  c -er.rch and Developr ent Adz-in-
istraioU (&!DA0 in respouse to our letter- ated August 5, 1976,
to you, in which we suggested alternative language to the current
tordig of Title 17.# Crganiztion Conflict ot Interest, of H.R.
13350, as amanded.

      Our suggestd language -ould require ERDA to pr-mulgate
regulations requiring prospective contrrctors to provide WDA
with all relevant inforration vhich tould have a tearing on
whether aie proepective contractor would liave a possible con-
flict of interest in connection with research, developme n, or
evaluation activ ties.

      L$IA does not object in principle to this alternative
langueage. Votmver, ELLA observes th at the rccuirmc-nt for pro-
spective contractors to disclose information bearing upon their
ability to render inpartial, technically zound or oIJecltve
assistance iould appeazr to require opun ons or conclusions on
the part of a prospective contractor az to what would consti-
tute a conflict of interest. Eak suggests that strictly factual
disclosures of past or planned activities iii the general area
covered by the prospective contract might be preferable. EPJ.)A
also observes that our alternative language does not clearly
indicate whether disclosure would be required-of all offerors
or only those selected for contract negotiation.

      We think the statutory language should be broad and general#
and should be implemented by detailed regulations. We would
expect that such regulations would specify the precise nature of
the information to be disclosed and also would require the sub-
mission of any other relevant information. We iould also
expect that the regulations would specify when in the procurement
process and from whoa the information wIll be required.

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