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EMD-79-85 1 (1979-07-02)

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                          WASHINGTON, D.C. 20548
               RELEASED

4E GY ANo MIM-ALS                                July 2, 1979
    flIVISION

      B-178205.98


      The Honorable John A. Durkin                   109834

      United States Senate

      Dear Senator Durkin:

           At your request we examined the Department of Energy's
      policies and implementing procedures for avoiding conflicts
      of interest when private technical consulting and manage-
      ment support organizations contract with the Department.
      As agreed to in discussions with your office, we limited
      our work to contracts awarded by the Department's head-
      quarters purchasing activity.

           In 1978, the Department developed a new conflicts-of-
      interest regulation that went into effect on January 11,
      1979. It superseded Temporary Regulation No. 35, issued
      on June 24, 1977, by the former Energy Research and De-
      velopment Administration whose functions were transferred
      to the Department on October 1, 1977. Temporary Regulation
      No. 35 was used by the Department from that time until
      the new regulation was issued.

           We could not form an opinion as to the effectiveness
      of the new regulation because of the short time in which it
      has been applicable, and we found only one contract awarded
      under the new regulation. Accordingly, as arranged with
      your office, we are primarily furnishing an informational
      report which provides background on orqanizational conflicts
      of interest, including the legal responsibilities imposed
      on the Secretary of Energy and potential contractors to
      avoid conflicts of interest. The report also discusses
      the significant improvements in the new regulation, including
      procedures for its implementation. We did find, however,
      numerous contracts awarded under the prior regulation
      which should be brought under the new regulation. We are
      recommending that the Secretary of Energy promptly take
      action to bring these contracts under the new regulation.
      (See page 6.)



                                                         EMD-79-85
                                                         (300532)

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