Page:United States Statutes at Large Volume 91.djvu/313

 PUBLIC LAW 95-70—JULY 21, 1977 ards. Such guidelines and criteria may allow for such participation if it is in the public interest and relates to the purposes of this Act, but in no event may such employees who are participating in their official capacity be allowed under such guidelines or criteria to vote on any matter relating to commercial standards. "(f) As used in this section, the term 'commercial standards' means— " (1) specifications of materials; "(2) methods of testing; "(3) criteria for adequate performance or operation; "(4) model codes; "(5) classification of components; "(6) delineation of procedures or definition of terms; "(7) measurement of quantity or quality for evaluating or referring to materials, products, systems, services, or practices; or "(8) similar rules, procedures, requirements, or standards; which are promulgated by any organization which is not a Federal entity. For purposes of the preceding sentence, any revision by any such organization of any such rule, procedure, requirement, or standard shall be considered to be the same as the promulgation of such standard.".

91 STAT. 279

"Commercial standards."

CONFLICT OF INTEREST

SEC, 10. Part A of the Federal Energy Administration Act of 1974 (15 U.S.C. 761 et seq.), as amended by this Act, is amended by adding at the end thereof the following: a

ORGANIZATIONAL CONFLICTS

"SEC. 33. (a) The Administrator shall, by rule, require any person Contracts. proposing to enter into a contract, agreement, or other arrangement, 15 USC 789. whether by competitive bid or negotiation, under this Act or any other law administered by him for the conduct of research, development, evaluation activities, or for technical and management support services, to provide the Administrator, prior to entering into any such contract, agreement, or arrangement, with all relevant information, as determined by the Administrator, bearing on whether that person has a possible conflict of interest with respect to— "(1) being able to render impartial, technically sound, or objective assistance or advice in light of other activities or relationships with other persons, or "(2) being given an unfair competitive advantage. Such person shall insure, in accordance with regulations prescribed by the Administrator, compliance with this section by any subcontractor (other than a supply subcontractor) of such person in the case of any subcontract of more than $10,000. "(b) The Administrator shall not enter into any such contract, agreement, or arrangement unless he finds, after evaluating all information provided under subsection (a) and any other information otherwise available to him that— "(1) it is unlikely that a conflict of interest would exist, or ir " (2) such conflict has been avoided after appropriate conditions have been included in such contract, agreement, or arrangement;

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