S02 D.5 Organizational Conflicts of Interest.pdf
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- Solicitation number
- 36C25726Q0188
About this file
This is a federal contracting provision for organizational conflicts of interest (FAR 852.209-70) applicable to RFQ 36C25726Q0188 for Temporary Shelter and Supportive Services at the Amarillo, Texas Veterans Healthcare Center.
The provision requires all offerors to disclose any past, present, or currently planned financial, contractual, organizational, or other interests that could create organizational conflicts of interest relating to the proposed services. Offerors must provide conflict of interest statements for themselves, all identified consultants, and subcontractors. The Contracting Officer may disqualify an offeror if an unmitigated organizational conflict of interest is determined to exist, or may request a waiver under FAR 9.503 if award is deemed in the Government's best interest. Nondisclosure or misrepresentation of conflicts at the time of offer or as a result of contract modification may result in contract termination at no cost to the Government. Appendix A provides a certification statement template requiring the contractor's authorized official to either certify that no conflicts exist among listed key personnel or to attach a detailed statement describing all relevant facts concerning any actual or potential organizational conflicts of interest and proposed mitigation measures.
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852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)
RFQ 36C25726Q0188
All healthcare contracts require response to the following provision as prescribed in VAAR 809.507-1(b).
(a) It is in the best interest of the Government to avoid situations which might create an organizational conflict of interest or where the Offeror’s performance of work under the contract may provide the Contractor with an unfair competitive advantage. The term “organizational conflict of interest” means that because of other activities or relationships with other persons, a person is unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or the person has an unfair competitive advantage.
(b) The Offeror shall provide a statement with its offer which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided under this solicitation. The Offeror shall also provide statements with its offer containing the same information for any consultants and subcontractors identified in its proposal and which will provide services under the solicitation. The Offeror may also provide relevant facts that show how its organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest.
(c) Based on this information and any other information solicited or obtained by the Contracting Officer, the Contracting Officer may determine that an organizational conflict of interest exists which would warrant disqualifying the Contractor for award of the contract unless the organizational conflict of interest can be mitigated to the Contracting Officer's satisfaction by negotiating terms and conditions of the contract to that effect. If the conflict of interest cannot be mitigated and if the Contracting Officer finds that it is in the best interest of the United States to award the contract, the Contracting Officer shall request a waiver in accordance with FAR 9.503.
(d) Nondisclosure or misrepresentation of actual or potential organizational conflicts of interest at the time of the offer or arising as a result of a modification to the contract, may result in the termination of the contract at no expense to the Government.
https://www.acquisition.gov/content/part-9-contractor-qualifications#i1114968
852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)
RFQ 36C25726Q0188
APPENDIX A
[CONTRACTOR NAME]
[ADDRESS]
SOLICITATION # 36C25726Q0188
CONTRACTOR CONFLICT OF INTEREST CERTIFICATION STATEMENT
[ ] ____[CONTRACTOR NAME]________________ represents that the individuals listed in the Key Personnel and Temporary Emergency Substitutions section of the solicitation # 36C25726Q0188 – Temporary Shelter and Supportive Services – Amarillo , TX have not present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or organizational conflicts of interest relating to the services to be provided to the Amarillo, Texas Veterans Healthcare Center under the referenced solicitation.
None of the employees listed in the solicitation have a past interest (financial, contractual, organizational, or otherwise) or actual or organizational conflicts of interest relating to the services to be provided to the Amarillo, Texas Veterans Healthcare Center under the referenced solicitation.
OR
[ ] Statement attached describing, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided under this solicitation. The offeror shall also provide statements with its offer containing the same information for any consultants and subcontractors identified in its proposal and which will provide services under the solicitation. The offeror may also provide relevant facts that show how its organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest.
NAME OF CERTIFYING OFFICIAL
TITLE
SIGNATURE DATE
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