81 



25 



1 (B) being given an unfair competitive advan- 



2 tage. 



3 (2) Such person shall ensure, in accordance with reg- 



4 Illations prescribed by the Secretary, compliance with this 



5 section by subcontractors of such person who are engaged 



6 to perform similar services. 



7 (c) Require Affirmative Finding; Conflicts of 



8 Interest Which Cannot Be Avoided; Mitigation of 



9 Conflicts. — (1) Subject to the provisions of paragraph 



10 (2), the Secretary may not enter into any such contract, 



1 1 agreement, or arrangement, unless he affirmatively finds, 



12 after evaluating all such information and any other rel- 



13 evant information otherwise available to him, either that — 



14 (A) there is little or no likelihood that a conflict 



15 of interest would exist; or 



16 (B) that such conflict has been avoided after 



17 appropriate conditions have been included in such 



18 contract, agreement, or arrangement. 



19 (2) If the Secretary determines that such conflict of 



20 interest exists and that such conflict of interest cannot be 



21 avoided by including appropriate conditions therein, the 



22 Secretary may enter into such contract, agreement, or ar- 



23 rangement, if he — 



24 (A) determines that it is in the best interests of 



25 the United States to do so; and 



•S 171 IS 



