D.2 Attachment 2 - Organizational Conflict of Interest.pdf
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- Solicitation number
- 36C26326R0001
About this file
This document is a federal contract provision and certification form for organizational conflicts of interest required for all VA healthcare contracts.
The provision (852.209-70, October 2020) establishes requirements for offerors to disclose any past, present, or currently planned financial, contractual, organizational, or other interests that could create organizational conflicts of interest or provide unfair competitive advantage in performing contract work. Offerors must provide concise statements describing all relevant facts concerning potential conflicts for themselves, identified consultants, and subcontractors who will provide services under the solicitation. Offerors may also describe organizational, management systems, or other actions that would mitigate identified conflicts. The Contracting Officer may disqualify an offeror if an organizational conflict of interest exists and cannot be mitigated through contract terms and conditions, 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 time of offer or through contract modifications may result in contract termination at no expense to the Government.
Appendix A provides a certification form template for completion by contractors submitting proposals to the Sioux Falls VA Health Care System. The form requires the certifying official to either certify that key personnel and identified subcontractors have no present or planned conflicts of interest relating to services for the VA facility, or to attach a detailed statement describing any actual or potential conflicts and proposed mitigation measures. The form requires contractor name, address, solicitation number, signature, date, certifying official name, and title.
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Other files
| File | Type | Posted |
|---|---|---|
| D.6 Attachment 6 - CPT Code Table.xlsx | XLSX spreadsheet | |
| D.3 Attachment 3 - Contractor Rules of Behavior.pdf | ||
| 36C26326R0001_2.docx | DOCX document | |
| D.7. Attachment 7 - Key Personnel.xlsx | XLSX spreadsheet | |
| D.1 Attachment 1 - Immigration and Nationality Act Requirement.pdf | ||
| 36C26326R0001.pdf | ||
| D.4 Attachment 4 - Quality Assurance Surveillance Plan.pdf | ||
| D.5 Attachment 5 - Past Performance Questionnaire.pdf |
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Text version
852.209-70. ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)
All healthcare contracts require response to the following provision as prescribed in VAAR 809.507-1(b). Please use the form in APPENDIX A to provide response.
ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)
(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.
(End of provision)
D.2 Attachment 2 - Organizational Conflict of Interest
APPENDIX A
[CONTRACTOR NAME]
[ADDRESS]
SOLICITATION # _____________________
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 [Solicitation # __________________________] and [Service _________________________________] in have no 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 Sioux Falls VA Health Care System, Sioux Falls SD Veterans Administration 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 Sioux Falls VA Health Care System, Sioux Falls SD Veterans Administration 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.
SIGNATURE DATE
PRINTED NAME OF CERTIFYING OFFICIAL
TITLE
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