The University of California, as operator of Lawrence Berkeley National Laboratory, conducts its activities in a manner to avoid actual, potential, perceived, or apparent conflicts of interest on the part of the University of California as an institution. This conduct is consistent with the requirements of Contract 31, Clause I.66, Organizational Conflicts of Interest. Broadly stated, the requirements of Contract 31 are intended to ensure that the Laboratory (1) is not biased because of its financial, contractual, organizational, or other interests that relate to the work performed under the contract, and (2) does not obtain any unfair competitive advantage over other parties by virtue of its performance of that work.
During the performance of Contract 31, and for five years after its completion, the Laboratory is ineligible to participate in any Department of Energy (DOE) contracts, subcontracts, or proposals therefore (solicited and unsolicited) that stem directly from the Laboratory’s performance of work under Contract 31.
The Laboratory may not perform any advisory and assistance services under Contract 31 on any work of its products or services (or the products or services of another firm that it has been substantially involved in developing or marketing), unless directed to do so in writing by the DOE contracting officer. This does not preclude the Laboratory from competing for follow-on contracts for advisory and assistance services.
The Laboratory is ineligible to perform or participate in any capacity in any contractual effort based on a complete or essentially complete statement of work or specifications it prepares for use in a competitive acquisition, unless directed in writing by the DOE contracting officer to incorporate its products or services into the statement of work or specifications. However, the Laboratory can offer and sell any of its standard and commercial items to the government.
There are a number of restrictions concerning use of information to which the Laboratory has access by virtue of performing work under the contract. Examples are DOE plans, policies, reports, studies, financial plans, Privacy Act information, or data not released or otherwise available to the public. Unless the Laboratory has prior written approval of the DOE contracting officer for using such information, it shall:
However, the Laboratory can use technical data it first produces under Contract 31 for its private purposes consistent with the patent, rights in data, and security provisions of Contract 31.
Policy on this topic is found in the following locations:
To ensure Laboratory and employee compliance with the provisions of this policy that are applicable to each, Laboratory management will ensure that managers and supervisors are aware of the requirements of this policy and that employees are advised annually of the requirements of this policy. Laboratory management will perform its responsibilities set forth in this policy, including ensuring that appropriate restrictions are included in Laboratory subcontracts and that DOE is informed, as necessary, of particular circumstances to be reported under requirements set forth in this policy. Laboratory management also is responsible for advising DOE, immediately and fully in writing to the contracting officer, if any changes, including additions, occur to the facts disclosed prior to the award of Contract 31 that bear on organizational conflicts of interest. All requests for waivers of OCI must be submitted to the DOE contracting officer in writing.
To promote the Laboratory’s compliance with all applicable organizational conflict-of-interest requirements, Laboratory employees at all levels are responsible to act in compliance with the requirements of this policy, and to inform their supervisors and division directors of any circumstances of which they may be aware that would appear to be inconsistent with those requirements.
Printed
. The official or current version is located in the online LBNL Requirements and Policies Manual.
Printed or electronically transmitted copies are not official. Users are responsible for working with the latest approved revision.