(a) Consistent with 2 CFR 200.318, if a non-Federal entity has a parent, affiliate, or subsidiary organization that is not a State government, local government, or Indian Tribe, the non-Federal entity must maintain written standards of conduct covering organizational conflicts of interest (OCI) as that term is defined in 2 CFR 200.318(c)(2).

(b) If the effects of a potential or actual OCI cannot be avoided, eliminated, or mitigated, the procurement or other transaction anticipated by the non-Federal entity must not be made using DOE or cost share funds.