§ 910.270 — Remedies, penalties, and enforcement.

§ 910.270 Remedies, penalties, and enforcement.

(a)(1) If a non-Federal entity fails to disclose a conflict of interest (COI) or conflict of commitment (COC) as required under this subpart, or fails to sufficiently manage or mitigate a COI or COC to ensure the integrity of the DOE-supported project or to protect the Government's interests, DOE may:

(i) Require the non-Federal entity take action to eliminate or mitigate the conflict to a risk level acceptable to DOE. In the event the non-Federal entity does not eliminate or mitigate the conflict to a risk level acceptable to DOE, DOE may determine the Federal financial assistance award no longer effectuates the program goals or agency priorities and terminate the Federal financial assistance award;

(ii) Determine the circumstances disqualify an entity or individual from participating in all or a portion of a Federal financial assistance award; or

(iii) Reject an application.

(2) DOE may inquire, at any time before, during, or after a Federal financial assistance award, into any covered individual's disclosures and the non-Federal entity's review (including any retrospective review) of and response to such disclosure, regardless of whether the disclosure resulted in the non-Federal entity's determination of a COI or COC. A non-Federal entity is required to submit or permit on-site review of all records pertinent to compliance with this subpart. To the extent permitted by law, DOE will maintain the confidentiality of all records of financial interests. Based on its review of records or other information that may be available, DOE may determine that a particular COI or COC will bias the objectivity of or adversely impact the project funded under the DOE Federal financial assistance award to such an extent that further corrective action is needed or that the non-Federal entity has not managed the COI or COC in accordance with this subpart. DOE may determine that the imposition of specific award conditions under 2 CFR 200.208 is necessary. DOE may also take one or more the actions specified under 2 CFR 200.339, as appropriate in such circumstances.

(b) If a non-Federal entity fails to disclose an OCI to DOE prior to engaging in a procurement or other transaction to acquire services or property, using DOE funds with a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian Tribe, the costs of such procurement or transaction may be disallowed. If a non-Federal entity fails to disclose an OCI to DOE that is not avoided, eliminated, or mitigated or fails to avoid, eliminate, or mitigate a disclosed OCI, prior to engaging in a procurement or other transaction using DOE funds with a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian Tribe, DOE may determine that imposition of specific award conditions under 2 CFR 200.208 is necessary. DOE may also take one or more actions specified under 2 CFR 200.339, as appropriate in the circumstances.

(c) Any false, fictitious, or fraudulent information, or the omission of any material fact, on a disclosure, report, or other record required under this subpart may be subject to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise. (18 U.S.C. 287 and 1001 and 31 U.S.C. 3729-3733 and 3801-3812)

(d) If fraud, misrepresentation, or related misconduct is suspected in relation to any disclosure submitted to DOE, then the cognizant contracting officer and/or program official should coordinate with appropriate counsel and thereafter, as appropriate, refer the matter to the DOE Office of Inspector General (OIG).

(e) If a covered individual knowingly fails to disclose required information, DOE may take one or more of the following enforcement or other actions:

(1) Reject an application;

(2) Suspend or terminate a Federal financial assistance award;

(3) Temporarily or permanently discontinue or de-obligate any or all funding for the covered individual or non-Federal entity;

(4) Refer recipients for consideration of suspension or debarment proceedings;

(5) Refer the failure to disclose to the DOE OIG for further investigation or to Federal law enforcement authorities to determine whether any criminal or civil laws were violated;

(6) Report the entity in the Federal Awardee Performance and Integrity Information System (FAPIIS) to alert other Federal agencies to the noncompliance;

(7) Take one or more of the actions described in 2 CFR 200.339; or

(8) Take such other actions against the covered individual or non-Federal entity as authorized under applicable law or regulations.