CONFLICTS OF INTEREST POLICY FOR FEDERAL FINANCIAL ASSISTANCE (DOE)
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1.0 PURPOSE
The purpose of this Conflicts of Interest Policy for Federal Financial Assistance (DOE) (this Policy) is to ensure MOLG Inc. (including any affiliates, the Company) complies with the DOE’s Interim Conflict of Interest Policy for Financial Assistance (as amended from time-to-time, the DOE COI Policy) by establishing standards that provide a reasonable expectation that the design, conduct, and reporting of projects wholly or in part funded under an Award from the DOE (a DOE Award) will be free from bias resulting from financial or organizational conflicts of interest.  The Company will make this Policy available via a publicly accessible website.  Defined terms not otherwise defined in the body of this Policy have the meanings set forth in Appendix A.  
SCOPE
This Policy applies to all of the Company’s directors, officers, employees, and contractors (Staff) when the Company is applying for or receives a DOE Award, as well to any Subrecipients.  Staff subject to requirements to disclose Significant Financial Interests are limited to Investigators.  This Policy does not apply to Phase I SBIR or STTR Programs.  This Policy supplements and is not in lieu of other conflicts of interest policies of the Company.

3.0 FINANCIAL CONFLICTS OF INTEREST POLICY

3.1 Training.
Each Investigator will be informed of this Policy, the Investigator’s responsibilities regarding Disclosure of Significant Financial Interests, and of DOE’s COI Policy.  Each Investigator must complete training regarding this Policy prior to engaging in a Project and at least every four years thereafter (provided that they are an Investigator at such time), and immediately when any of the following circumstances apply:
- The Company revises this Policy in any manner that materially affects the requirements of Investigators;
- An Investigator is new to the Company;
- orThe Company finds that an Investigator is not in compliance with this Policy.
3.2 Subrecipients.
To the extent that the Company carries out the DOE Award through or with the assistance of one or more Subrecipients, the Company will take reasonable steps to ensure that each Subrecipient Investigator complies with this Policy by:
Incorporating terms as part of a written agreement with the Subrecipient (the Agreement) that establish whether the FCOI policy of the Company or that of the Subrecipient will apply to the Subrecipient’s Investigators.If the Subrecipient’s Investigators are to comply with the Subrecipient’s FCOI policy, the Subrecipient must certify as part of the Agreement that (i) Subrecipient’s FCOI policy complies with the DOE COI Policy and (ii) the Subrecipient will make its FCOI policy available via a publicly accessible website or, if the Subrecipient does not have any current presence on a publicly accessible website, then for so long as that remains the case, Subrecipient will make its written FCOI policy available to any requestor within five (5) business days of a request.  If the Subrecipient cannot provide this certification, the Agreement will provide that Subrecipient Investigators will be subject to the Company’ FCOI policy.If the Subrecipient’s Investigators are to comply with the Subrecipient’s FCOI policy and the certification referenced above has been made, the Subrecipient’s Investigators must comply with the Subrecipient’s FCOI policy and the Agreement will specify time period(s) for the Subrecipient to report all identified FCOI to the Company.  Such time period(s) will be sufficient to enable the Company to provide timely FCOI Reports, as necessary, to DOE, as required by the DOE COI Policy.If the certification referenced above has not been made, then the Subrecipient’s Investigators must comply with the Company’s FCOI policy and the Agreement will specify time period(s) for the Subrecipient to submit all Investigator disclosures of Significant Financial Interests to the Company.  Such time period(s) will be sufficient to enable the Company to comply timely with its review, management, and reporting obligations under the DOE COI Policy.Providing FCOI Reports to the DOE Program Office regarding all financial conflict of interest of all subrecipient Investigators consistent with this Policy, i.e., prior to the expenditure of funds and within sixty (60) days of any subsequently identified FCOI.  The DCL is responsible for soliciting and reviewing disclosures of Significant Financial Interests from each Investigator who is planning to participate in, or is participating in, the Project, including disclosures of Subrecipient Investigators.  The Company, through provision of the DOE COI Policy to its DCL, provides guidelines for such DCL to determine whether an Investigator’s Significant Financial Interest is related to a Project and, if so related, whether the Significant Financial Interest is an FCOI.
3.3 Investigator Disclosures.
Each Investigator who is planning to participate in a DOE Award must disclose to the DCL the Investigator’s Significant Financial Interests (and those of the Investigator’s spouse and dependent children).  In the event the Company seeks to add an Investigator after the time of application, the Investigator is required make such disclosures prior to participating in a Project.Each Investigator who is participating in the DOE award must submit an updated Disclosure of Significant Financial Interests at least annually, in accordance with the specific time period prescribed by the DCL, during the period of the award.  Such disclosure will include any information that was not disclosed initially, or in a subsequent Disclosure of Significant Financial Interests (e.g., any financial conflict of interest identified on a DOE Award that was transferred from another non-Federal entity), and will include updated information regarding any previously disclosed Significant Financial Interest (e.g., the updated value of a previously disclosed equity interest).Each Investigator who is participating in the DOE award must submit an updated Disclosure of Significant Financial Interests within thirty (30) days of discovering or acquiring (e.g., through purchase, marriage, inheritance, or otherwise) a new Significant Financial Interest.Each disclosure and updated disclosure must be signed and dated by the Investigator and include a certification statement that reads:“I understand that this Disclosure is required to obtain funding from the U.S. Government. I, [Full Name and Title], certify to the best of my knowledge and belief that the information contained in this Disclosure Statement is true, complete, and accurate.  I understand that any false, fictitious, or fraudulent information, misrepresentations, half-truths, or omissions of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims, or otherwise.  (18 U.S.C. §§1001 and 287, and 31 U.S.C. §§3729 -3730 and 3801-3812).  I further understand and agree that (1) the statements and representations made herein are material to U.S. Government’s funding decision, and (2) I have a responsibility to update the disclosures during the period of performance of the award should circumstances change which impact the responses provided above.”The Company may involve the Investigator in the DCL’s determination of whether a Significant Financial Interest is related to the Project.  Noncompliance with the disclosure requirements, or willful misrepresentation in such disclosures, may subject an Investigator to disciplinary action up to and including termination of employment.  In addition, Investigators will be made aware that any false, fictitious, or fraudulent information, or the omission of any material fact, on a disclosure, report, or other record required under the DOE COI Policy may be subject to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise.  (U.S. Code Title 18, Sections 287 and 1001; and Title 31, 3729-3730 and 3801-3812).

3.4 Management and Reporting.
3.4.1 General.
An Investigator’s Significant Financial Interest is related to a Project when the Company, through its DCL, reasonably determines that the Significant Financial Interest could be affected by the Project, could affect the Project, is in an entity whose Financial Interest could affect the Project, or is in an entity whose Financial Interest could be affected by the Project.  The Company may involve the Investigator in the DCL’s determination of whether a Significant Financial Interest is related to the Project.  An FCOI exists when the Company, through its DCL, reasonably determines that the Significant Financial Interest could directly and significantly affect the purpose, design, conduct, or reporting of the Project.The Company will take such actions as necessary to manage financial conflicts of interest, including any financial conflicts of a Subrecipient Investigator.  Management of an identified FCOI requires development and implementation of a management plan and, if necessary, a retrospective review and a mitigation report.The Company will maintain records relating to all Investigator disclosures of Financial Interests and the Company’s review of and response to such disclosures (whether or not a disclosure resulted in determination of an FCOI) and all actions under this Policy for the time period specified in 2 CFR §200.334 or, where applicable, from other dates specified in the individual award terms and conditions.This Policy establishes adequate enforcement mechanisms and provides for employee sanctions or other administrative actions to ensure Investigator compliance as appropriate.The Company will certify, prior to a DOE Award, that it:has in effect an up to date, written, and enforced administrative process to identify and manage conflicts of interest with respect to all Projects for which financial assistance funding is sought or received from DOE; will promote and enforce Investigator compliance with this Policy’s requirements, including those pertaining to Disclosure of Significant Financial Interests; will manage FCOIs and provide initial and ongoing FCOI Reports to DOE consistent with this Policy;agrees to make information available, promptly upon request, to DOE relating to any Investigator disclosure of Financial Interests and the non-Federal entity’s review of, and response to, such disclosure, whether or not the disclosure resulted in the non-Federal entity’s determination of an FCOI; andwill fully comply with the requirements of this Policy.
3.4.2 Procedures - Management of FCOIs.
(1) Prior to expenditure of any funds under a DOE Award, the DCL will review all Investigator disclosures of Significant Financial Interests; determine whether any of the disclosures relate to the Project; determine whether an FCOI exists; and, if so, develop and implement a management plan that specifies the actions that have been, and will be, taken to manage such FCOI.  A nonexclusive list of conditions or restrictions, one or more of which might be imposed to manage an FCOI, includes the following:Public disclosure of the FCOI (e.g., when presenting or publishing the Project);For Projects involving human subjects, disclosure of FCOIs directly to participants;Appointment of an independent monitor or oversight committee capable of taking measures to protect the purpose, design, conduct, and reporting of the Project against bias resulting from the FCOI;Modification of the Project plan;Change of personnel or personnel responsibilities, or disqualification of personnel from participation in all or a portion of the Project;Reduction or elimination of the Financial Interest (e.g., sale of an equity interest); orSeverance of relationship(s) that create(s) the FCOI.
(2) Whenever, in the course of an ongoing Project, an Investigator who is new to participating in the Project discloses a Significant Financial Interest or an existing Investigator discloses a new Significant Financial Interest, the DCL will, within sixty (60) days:  review the disclosure; determine whether it is related to the Project; determine whether an FCOI exists; and, if so, implement, on at least an interim basis, a management plan that will specify the actions that have been and will be taken to manage such FCOI.  Depending on the nature of the Significant Financial Interest, the Company may determine that additional interim measures are necessary with regard to the Investigator’s participation in the Project between the date of disclosure and the completion of the Company’s review.
(3) Whenever the Company identifies a Significant Financial Interest that was not disclosed timely by an Investigator or, for whatever reason, was not previously reviewed by the Company during an ongoing Project (e.g., was not timely reviewed or reported by a Subrecipient), the DCL will, within sixty (60) days:  review the Significant Financial Interest; determine whether it is related to the Project; determine whether an FCOI exists; and, if so:(i) Implement, on at least an interim basis, a management plan that specifies the actions that have been and will be taken to manage such FCOI going forward;(ii) (A) In addition, whenever an FCOI is not identified or managed in a timely manner, including failure by the Investigator to disclose a Significant Financial Interest that is determined by the Company to constitute an FCOI; failure by the Company to review or manage such an FCOI; or failure by the Investigator to comply with a FCOI management plan, the DCL will, within 120 days of the Company’s determination of noncompliance, complete a retrospective review of the Investigator’s activities and the Project to determine whether any Project activity, or portion thereof, conducted during the time period of the noncompliance, was biased in the purpose, design, conduct, or reporting of such Project.(B) the Company is required to document the retrospective review; such documentation will include, but not necessarily be limited to, all of the following key elements:(1) DOE award number;(2) Project title;(3) PI or contact PI if a multiple PI model is used;  (4) Name of the Investigator with the FCOI;(5) Name of the entity with which the Investigator has an FCOI;(6) Reason(s) for the retrospective review;(7) Detailed methodology used for the retrospective review (e.g., methodology of the review process, composition of the review panel, documents reviewed);(8) Findings of the review; and(9) Conclusions of the review.(iii) Based on the results of the retrospective review, if appropriate, the Company will update the previously submitted FCOI Report, specifying the actions that will be taken to manage the FCOI going forward.  If bias is found, the Company is required to notify the DOE Program Office promptly and submit a mitigation report to the DOE Program Office.  The mitigation report must include, at a minimum, the key elements documented in the retrospective review above, a description of the impact of the bias on the Project, and the Company’s plan of action or actions taken to eliminate or mitigate the effect of the bias (e.g., impact on the Project; extent of harm done, including any qualitative and quantitative data to support any actual or future harm; analysis of whether the Project is salvageable).  Thereafter, the Company will submit FCOI Reports annually, as specified elsewhere in this Policy.  DOE Program Offices may, by language in Funding Opportunity Announcements (FOAs) or by term and condition of award, require more frequent reporting for awards.  Depending on the nature of the FCOI, the Company may determine that additional interim measures are necessary with regard to the Investigator’s participation in the Project between the date that the conflict of interest or the Investigator’s noncompliance is determined and the completion of the Company’s retrospective review.(4) Whenever the Company implements a management plan pursuant to this Policy, the Company will monitor Investigator compliance with the management plan on an ongoing basis until the completion of the DOE Award.(5) (i) Prior to expenditure of any funds under a DOE Award, the Company will ensure public accessibility, via written response to any requestor within five (5) business days of a request, of information concerning any Significant Financial Interest disclosed to the Company that meets the following three criteria:(A) The Significant Financial Interest is still held by the Senior/Key Personnel;(B) the Company determined that the Significant Financial Interest is related to the Project; and(C) the Company determined that the Significant Financial Interest is an FCOI.(ii) The information that the Company makes available via written response to any requestor within five (5) business days of a request, will include, at a minimum, the following:  the Investigator’s name; the Investigator’s title and role with respect to the Project; the name of the entity in which the Significant Financial Interest is held; the nature of the Significant Financial Interest; and the approximate dollar value of the Significant Financial Interest (dollar ranges are permissible: $0 -$4,999; $5,000-$9,999; $10,000-$19,999; amounts between $20,000-$100,000 by increments of $20,000; amounts above $100,000 by increments of $50,000), or a statement that the interest is one whose value cannot be readily determined through reference to public prices or other reasonable measures of fair market value.(iii) (A) If the Company uses a publicly accessible website for the purposes of this subsection (5), the information that the Company posts will be updated at least annually.  In addition, the Company will update the website within sixty days of the Company’s receipt or identification of information concerning any additional Significant Financial Interest of the Senior/Key Personnel for the Project that was not previously disclosed, or upon the disclosure of a Significant Financial Interest of Senior/Key Personnel new to the Project, if the Company determines that the Significant Financial Interest is related to the Project and is an FCOI.  The website will note that the information provided is current as of the date listed and is subject to updates, on at least an annual basis and within sixty (60) days of the Company’s identification of a new FCOI.(B) If the Company responds to written requests for the purposes of this subsection (5), the Company will note in its written response that the information provided is current as of the date of the correspondence and is subject to updates, on at least an annual basis and within sixty (60) days of the Company’s identification of a new FCOI, which should be requested subsequently by the requestor.(iv) Information concerning the Significant Financial Interests of an individual subject to this subsection (5) will remain available, for responses to written requests, for at least three (3) years from the date that the information was most recently updated.
3.4.3 Procedures - Reporting an FCOI.
(1) Prior to the expenditure of any funds under a DOE Award, the DCL will provide to the DOE Program Office an FCOI Report regarding any Investigator’s unmanaged or unmanageable Significant Financial Interest found by the Company to be conflicting.  DOE Program Offices may, by language in FOAs or term and condition of award, require the Company’s FCOI Report also list any Investigator’s Significant Financial Interest found by the Company to be conflicting and addressed by a management plan in accordance with this Policy.The Company will provide, on request, FCOI Reports and supporting documentation about any Significant Financial Interest found by the Company to be conflicting, regardless of whether the conflict has been managed, mitigated, or eliminated.  In cases in which the Company identifies an FCOI and eliminates it prior to the expenditure of DOE-awarded funds, the Company will not submit a FCOI Report to the DOE Program Office.(2) For any Significant Financial Interest that the Company identifies as conflicting subsequent to the Company’s initial FCOI Report during an ongoing Project (e.g., upon the participation of an Investigator who is new to the Project), the Company’s designated official will:(i) [Applicable when a DOE Program Office requires the Company to include only unmanaged or unmanageable Investigator FCOIs in the FCOI Report] Provide to DOE within sixty (60) days an FCOI Report regarding the FCOI if the DCL determines that the FCOI is unmanageable.  Pursuant to Section 3.4.2(3)(ii), where such FCOI Report involves a Significant Financial Interest that was not disclosed timely by an Investigator or, for whatever reason, was not previously reviewed or managed by the Company (e.g., was not timely reviewed or reported by a Subrecipient), the Company also is required to complete a retrospective review to determine whether any Project or portion thereof conducted prior to the identification of the FCOI was biased in the purpose, design, conduct, or reporting of such Project.  Additionally, pursuant to Section 3.4.2(3)(iii), if bias is found, the Company is required to notify the DOE Program Office promptly and submit a mitigation report to the DOE Program Office.(ii) [Applicable when a DOE Program Office requires the Company to include all Investigator FCOIs – including managed and unmanaged/unmanageable FCOIs – in the FCOI Report] Provide to DOE within sixty (60) days, an FCOI Report regarding the FCOI and ensure that the Company has implemented a management plan in accordance with this Policy.  Pursuant to Section 3.4.2(3)(ii), where such FCOI Report involves a Significant Financial Interest that was not disclosed timely by an Investigator or, for whatever reason, was not previously reviewed or managed by the Company (e.g., was not timely reviewed or reported by a Subrecipient), the Company also is required to complete a retrospective review to determine whether any Project, or portion thereof, conducted prior to the identification and management of the FCOI was biased in the purpose, design, conduct, or reporting of such Project.  Additionally, pursuant to Section 3.4.2 (3)(iii), if bias is found, the Company is required to notify the DOE Program Office promptly and submit a mitigation report to the DOE Program Office.(3) Any FCOI Report required under subsections (1) or (2) of this Section 3.4.3 will include sufficient information to enable DOE to understand the nature and extent of the financial conflict, and to assess the appropriateness of the Company’s management plan.  Elements of the FCOI Report will include, but are not necessarily limited to the following:(i) DOE award number;(ii) PI or Contact PI if a multiple PI model is used;(iii) Name of the Investigator with the FCOI;(iv) Name of the entity with which the Investigator has an FCOI;(v) Nature of any applicable Financial Interest (e.g., equity, consulting fee, travel reimbursement, honorarium) and/or applicable external relationships or activities;(vi) Value of any applicable Financial Interest (dollar ranges are permissible: $0 - $4,999; $5,000-$9,999; $10,000-$19,999; amounts between $20,000-$100,000 by increments of $20,000; amounts above $100,000 by increments of $50,000), or a statement that the interest is one whose value cannot be readily determined through reference to public prices or other reasonable measures of fair market value;(vii) A description of how the Financial Interest relates to the Project and the basis for the Company’s determination that there is a conflict with such Project; and(viii) [Applicable when a DOE Program Office requires the Company to include all Investigator FCOIs – including managed and unmanaged/unmanageable FCOIs – in the FCOI Report] A description of the key elements of the Company’s management plan, including:(A) Role and principal duties of the conflicted Investigator in the Project;(B) Conditions of the management plan;(C) How the management plan is designed to safeguard objectivity in the Project;(D) Confirmation of the Investigator’s agreement to the management plan;(E) How the management plan will be monitored to ensure Investigator compliance; and(F) Other information as needed.(4) For any FCOI previously reported by the Company with respect to an ongoing Project, the DCL will provide DOE with an annual FCOI Report that addresses the status of the FCOI and, if applicable, any changes to the management plan for the duration of the DOE Award.(5) In addition to the annual FCOI Report, DOE may require that the Company routinely submit all or some Investigator disclosures of Financial Interests in these, or other, circumstances:(i) As part of monitoring the Company’s compliance with this Policy;(ii) Bankruptcy or other legal winding down;(iii) Acquisition of the Company by a foreign entity, where “acquisition” includes a foreign entity obtaining a controlling interest in the non-Federal entity; or(iv) As otherwise set forth in 2 CFR §200, as amended by 2 CFR §910.
4.0 ORGANIZATIONAL CONFLICTS OF INTEREST
The Company is committed to effectively managing and mitigating OCOIs in its DOE Awards.  The Company will disclose in writing any OCOI to the DOE Program Office.  The Company will provide the disclosure to DOE in an application for financial assistance or prior to engaging in a procurement or transaction using DOE funds with a parent, affiliate, or subsidiary organization.  The elements of the disclosure will include, but are not limited to the following:The name, address, and website (as applicable) of the entity that presents an OCOI;The relationship between the Company and the entity at issue;The nature of the anticipated procurement or other transaction with the parent, affiliate, or subsidiary organization; the anticipated value of the procurement or other transaction; and the basis for making the procurement or other transaction with a parent, affiliate, or subsidiary organization;The basis for the Company’s determination regarding the existence of an OCOI; andHow the Company will avoid, neutralize, or mitigate the OCOI.If the effects of the OCOI cannot be avoided, neutralized, or mitigated, the anticipated procurement or other transaction using DOE funds may not be made.  Where there is an OCOI that cannot be avoided, neutralized, or mitigated, the Company must procure goods and services from other sources when using DOE funds.
5.0 REMEDIES
If the failure of an Investigator to comply with the Company’s FCOI policy or a management plan appears to have biased the purpose, design, conduct, or reporting of the Project, the Company shall promptly notify the DOE of the failure to comply and of the corrective action taken or to be taken.  In addition, following the failure of an Investigator to comply with the Company’s FCOI policy or a management plan, the Company will incorporate any directions or recommended actions from DOE on how to maintain objectivity in the Project, for example, require the Company to enforce any applicable corrective actions prior to a DOE Award or when the transfer of a DOE Award involves such an Investigator.If the Company fails to disclose an OCOI to DOE prior to engaging in a procurement or transaction using DOE funds with a parent, affiliate, or subsidiary organization, the Company recognizes that the costs of such procurement or transaction may be disallowed.  Further, if the OCOI is not avoided, neutralized, or managed, the Company recognizes that DOE may determine that imposition of specific award conditions under 2 CFR 200.208 and/or 2 CFR 200.208 is necessary, and the Company will comply with such actions.
6.0 INTERPRETATIONS AND IMPLEMENTATION
The CEO, in consultation with the DCL and Legal, is responsible for the content, interpretation, and implementation of this Policy.  
6.1 EXCEPTIONS
The CEO, with Board approval, must approve in writing any exceptions to this Policy.

APPENDIX A

Certain Defined Terms
Award has the definition provided at 2 CFR §200.1 for “Federal award.”
‍Contracting Activity means an organizational element that has the authority to award and administer contracting and financial assistance instruments.
‍DCL means the Company’s designated compliance lead, and/or other person(s) designated by the Company, with the authority and responsibility to act on behalf of the Company to ensure compliance with this Policy and the DOE COI Policy.
‍Disclosure of Significant Financial Interests means an individual’s disclosure of Significant Financial Interests to the Company.
‍DOE means the U.S. Department of Energy, the National Nuclear Security Administration (NNSA), and any components of the DOE to which the authority involved may be delegated.
‍DOE Program Office means the organizational unit of DOE, led by an officer of the Department who has been appointed by the President by and with the advice and consent of the Senate, that funds and/or manages the awards subject to the DOE COI Policy. For purposes of this Policy, the term DOE Program Office includes the organization responsible for executing program management functions; the cognizant Contracting Activity; and the field elements in safety and health, administrative, management, and technical areas.
‍FCOI means a situation in which an Investigator or the Investigator’s spouse or dependent children has a Significant Financial Interest or financial relationship that could directly and significantly affect the design, conduct, reporting, or funding of a Project.
‍FCOI Report means the Company’s report of an FCOI to the DOE Program Office.Financial Interest means anything of monetary value, whether or not the value is readily ascertainable.
‍Institution of Higher Education has the definition provided at 20 U.S.C. §1001(a).Investigator means the PI and any other person, regardless of title or position, who is responsible for the purpose, design, conduct, or reporting of a Project.  DOE Program Offices have the discretion to expand the definition to include also any person who participates in the purpose, design, conduct, or reporting of a Project.  Such expansion will be specified in the applicable funding opportunity announcement and/or terms and conditions of the financial assistance award.
‍Investigator’s Responsibilities means an Investigator’s professional responsibilities on behalf of the Company, which may include activities such as research, research consultation, and professional practice.Manage means taking action to address a FCOI, which can include mitigating or eliminating the FCOI, to ensure, to the extent possible, that the purpose, design, conduct, and reporting of a Project will be free from bias.
‍Non-Federal Entity means company, a State, local government, Indian tribe, Institution of Higher Education, nonprofit organization, or for-profit organization that carries out a DOE award as a recipient or subrecipient.
‍OCOI means a potential or actual situation where, because of relationships with a parent company, affiliate, or subsidiary organization, the Company is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.  See 2 CFR §200.318(c)(2).
‍Potential Conflict of Interest exists when an impartial observer reasonably believes that actual or apparent past, present, or currently planned interests could constitute a conflict of interest with a Project funded under a DOE Award.
‍PI means a principal investigator of a Project; PI is included in the definitions of Senior/Key Personnel and Investigator.
‍Project means the interdependent activities funded wholly or in part under a DOE Award or proposed DOE Award. A Project has a defined start and end point with objectives described in an application or in an approved scope that, when attained, signify completion and achievement of a specific goal, and creation of a unique product, service, or result. For Awards that include recipient cost share as part of the approved budget, activities funded with that recipient cost share are included.Recipient means an entity, usually but not limited to non-Federal entities, that receives a Federal award directly from a Federal awarding agency. The term recipient does not include sub recipients or individuals that are beneficiaries of the award.
‍Senior/Key Personnel means the PI; any other person who significantly influences the design, conduct, or reporting of a Project; and any other person identified as “senior/key personnel” by the Company in the application for financial assistance, approved budget, progress report, or any other report submitted to the DOE under this Policy.
‍Significant Financial Interest means:
(1) A Financial Interest consisting of one or more of the following interests of the Investigator (and those of the Investigator’s spouse and dependent children) that reasonably appears to be related to the Investigator’s Responsibilities:(i) With regard to any foreign or domestic publicly traded entity, a Significant Financial Interest exists if the value of any remuneration received from the entity in the twelve (12) months preceding the disclosure and the value of any equity interest in the entity as of the date of disclosure, when aggregated, exceeds $5,000. For purposes of this definition, remuneration includes salary and any payment for services not otherwise identified as salary (e.g., consulting fees, honoraria, paid authorship); equity interest includes any stock, stock option, or other ownership interest, as determined through reference to public prices or other reasonable measures of fair market value;(ii) With regard to any foreign or domestic non-publicly traded entity, a Significant Financial Interest exists if the value of any remuneration, not otherwise disclosed as current, pending, or other support, received from the entity in the twelve (12) months preceding the disclosure, when aggregated, exceeds $5,000, or when the Investigator (or the Investigator’s spouse or dependent children) holds any equity interest (e.g., stock, stock option, or other ownership interest); (iii) intellectual property rights and interests (e.g., patents, copyrights), upon receipt of income related to such rights and interests.
(2) Investigators also must disclose the occurrence of any reimbursed or sponsored travel (i.e., that which is paid on behalf of the Investigator and not reimbursed to the Investigator so that the exact monetary value may not be readily available) related to Investigator Responsibilities that is not otherwise disclosed in current and pending or other support disclosures, provided that this disclosure requirement does not apply to travel that is reimbursed or sponsored by a Federal, state, or local government agency of the United States.  Details of this disclosure must include, at a minimum, the purpose of the trip, the identity of the sponsor/organizer, the destination, and the duration. In accordance with this Policy, the DCL will determine if further information is needed, including a determination or disclosure of monetary value, in order to determine whether the travel constitutes an FCOI with the Project.
(3) The term Significant Financial Interest does not include the following types of Financial Interests:  salary, royalties, or other remuneration paid by the Company to the Investigator if the Investigator is currently employed or otherwise appointed by the Company, including intellectual property rights assigned to the Company and agreements to share in royalties related to such rights; any ownership interest in the Company held by the Investigator; income from investment vehicles, such as mutual funds and retirement accounts, as long as the Investigator does not directly control the investment decisions made in these vehicles; income from seminars, lectures, or teaching engagements sponsored by a Federal, state, or local government agency of the United States, a domestic Institution of Higher Education, or a domestic research institute that is affiliated with a domestic Institution of Higher Education; or income from service on advisory committees or review panels for a Federal, state, or local government agency of the United States, a domestic Institution of Higher Education, or a domestic research institute that is affiliated with a domestic Institution of Higher Education.SBIR and STTR Programs mean the extramural research programs for small businesses that are run by the DOE Office of Science and the Advanced Research Projects Agency-Energy and certain other Federal agencies under Public Law 97-219, the Small Business Innovation Development Act, as amended, and Public Law 102 -564.
‍Subrecipient means an entity, usually but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of an Award, but does not include an individual that is a beneficiary of such Award.  A subrecipient may also be a recipient of other Awards directly from a Federal awarding agency.
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