Attachment D Exhibit 4 - OCI.docx

Exhibit 4

ORGANIZATIONAL CONFLICT OF INTEREST (OCI) CERTIFICATION AND DISCLOSURE

This form shall be completed by an authorized officer of the Contractor and, where applicable, by an authorized officer of each subcontractor, affiliate, or other entity performing services under the base IDIQ contract or a Task Order.

Solicitation No.: 36C10F26R0045 IDIQ Contract No.: _____________________________________________________________ Task Order No. (if applicable): ____________________________________________________ VA Lease Project Name/No.: _____________________________________________________ Region: ______________________________________________________________________ Property Location (City/State/Territory): _____________________________________________ Contractor Legal Name: _________________________________________________________ Subcontractor/Affiliate/Teaming Partner Legal Name (if applicable): _______________________ Certifying Entity UEI (if applicable): ________________________________________________ Date: ________________________________________________________________________

1. Purpose and Applicability This Organizational Conflict of Interest (OCI) Certification and Disclosure applies to the Contractor and, as applicable, its principals, parent entities, subsidiaries, affiliates, joint-venture members, Contractor Team Arrangement members, teaming partners, subcontractors, consultants, and personnel proposed to perform under the above-referenced IDIQ contract or Task Order.

The Contractor shall complete this certification before issuance of the Notice to Proceed under the base IDIQ contract for Contractor or subcontractor personnel who will perform services in connection with the contract; before commencement of performance under each Task Order; before additional personnel begin work; and whenever a material change may create an actual, potential, or apparent organizational conflict of interest.

2. Reasonable Inquiry Certification The Contractor certifies that it has conducted a reasonable inquiry of the covered entities and persons identified above to identify actual, potential, or apparent organizational conflicts of interest associated with performance of the above-referenced contract or Task Order.

The Contractor further certifies that the information provided in this certification and any attached disclosure is true, complete, and current to the best of the Contractor’s knowledge after reasonable inquiry.

3. OCI Determination Select one:

☐ No OCI identified. The Contractor has identified no actual, potential, or apparent organizational conflict of interest that would impair objectivity; provide unequal access to nonpublic, source-selection, proprietary, or procurement-sensitive information; create biased ground rules; result in prohibited representation; or otherwise affect the integrity of the VA lease procurement or Broker Services contract.

☐ OCI disclosed. The Contractor has identified one or more actual, potential, or apparent organizational conflicts of interest. The Contractor has completed Section 4 and attached additional pages, if necessary.

4. Required OCI Disclosure:

For each actual, potential, or apparent OCI, provide the following information. Attach additional pages if necessary.

A. Affected entity or individual:

B. Role or relationship to Contractor:

C. Affected VA lease procurement, Task Order, Region, or project:

D. Nature of the interest, relationship, or circumstance (Describe all relevant ownership interests, brokerage or agency relationships, fee or commission arrangements, representation of private parties, employment relationships, access to nonpublic information, prior work, or other circumstances that may create an OCI):

E. Affected private party or parties (Identify any prospective offeror, developer, lessor, purchaser, lender, architect, designer, construction administrator, property manager, consultant, or other interested party):

F. Proposed mitigation, avoidance, recusal, or other resolution:

5. Representation and Dual-Agency Certification The Contractor certifies that neither it nor any covered affiliate, subcontractor, teaming partner, consultant, or personnel supporting the contract or Task Order represents, or will represent, a private party with an interest in the same VA lease procurement, unless specifically authorized in writing by the Contracting Officer.

The Contractor further certifies that it will not engage in dual agency, designated agency, or any other form of representation that would create an actual, potential, or apparent conflict of interest in connection with a VA lease project.

The Contractor acknowledges that it, its subcontractors, and its affiliates are prohibited from participating as an offeror, co-venturer, designer, architect, construction administrator, or other interested party in a proposal for a VA lease solicitation supported under this contract, or from representing private parties or companies submitting bids or proposals on such VA lease projects, unless specifically authorized in writing by the Contracting Officer.

The Contractor further certifies that it will not attempt to circumvent these restrictions through the creation, use, or involvement of affiliated entities, shell companies, joint ventures, partnerships, subcontractors, consultants, or any other organizational structure designed to obscure or bypass the intent of the conflict-of-interest restrictions.

6. Information Safeguards and Nonpublic Information The Contractor certifies that it has implemented, and will maintain throughout performance, the following safeguards for information received, generated, accessed, or maintained in connection with this contract or any Task Order:

1. Personnel separation and access controls. The Contractor has implemented appropriate personnel-separation procedures, including information barriers where necessary, to prevent personnel supporting the Government under this contract or Task Order from sharing nonpublic procurement information with personnel who represent, support, or may support a private party with an interest in the affected VA lease procurement. All affected personnel have been informed of the applicable conflict-of-interest, procurement-integrity, and nondisclosure restrictions.

2. Electronic safeguards. The Contractor has implemented appropriate electronic access controls to prevent unauthorized access to, use of, disclosure of, alteration of, or distribution of nonpublic procurement information and documents prepared, received, or maintained in connection with the contract or Task Order. Such controls may include role-based access, account management, access logging, secure file storage, and other safeguards appropriate to the sensitivity of the information.

3. Protection of documents and information. The Contractor will safeguard and secure all contract- and Task-Order-related records, documents, data, and information in its possession or control. The Contractor will limit access to personnel with a legitimate need to know for authorized contract performance and will protect the information from unauthorized use, disclosure, loss, or compromise.

4. Protection of offeror information. To the extent the Contractor receives or accesses information submitted by an offeror, prospective offeror, developer, lessor, or other private party in connection with a VA lease procurement, the Contractor will protect that information from unauthorized use or disclosure. The Contractor will use such information solely for the purpose for which it was provided and only as authorized by the Government and applicable law, regulation, and contract requirements. The Contractor will execute any nondisclosure agreement, confidentiality certificate, or other protective agreement required by the contract, Task Order, or Contracting Officer before receiving or accessing the applicable information.

7. Continuing Disclosure Obligation This certification is continuing throughout contract and Task Order performance. The Contractor shall immediately notify the Contracting Officer in writing upon identifying any actual, potential, or apparent organizational or personal conflict of interest, including one involving an affiliate, subcontractor, teaming partner, consultant, or assigned employee.

The Contractor shall provide sufficient detail for the Contracting Officer to evaluate the matter and shall not begin, continue, or resume affected performance except as directed in writing by the Contracting Officer.

8. Flow-Down and Compliance The Contractor shall include equivalent organizational conflict-of-interest and nondisclosure requirements in all applicable subcontracts, agreements with affiliates, teaming agreements, consultant agreements, and other arrangements supporting performance under the contract or Task Order. The Contractor remains responsible for ensuring compliance by those entities and persons.

9. Authorized Representative Certification I certify that I am authorized to make this certification on behalf of the Contractor. I certify that the statements and disclosures in this form and its attachments are true, complete, and current to the best of my knowledge after reasonable inquiry.

Authorized Representative Name: __________________________________________________ Title: _________________________________________________________________________ Certifying Entity Legal Name: _____________________________________________________ Signature: _____________________________________________________________________ Date: ________________________________________________________________________

CONTRACTING OFFICER USE ONLY

CO Determination/Direction:

☐ No further action required.

☐ Disclosure received; mitigation/avoidance plan approved.

☐ Additional information required.

☐ Other direction: _____________________________________________________________________________ Contracting Officer Name: ________________________________________________________ Signature: _____________________________________________________________________ Date: ________________________________________________________________________ image1.jpg