D.2 Attachment 2 - Organizational Conflict of Interest.pdf
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- Solicitation number
- 36C26326R0005
About this file
This file is a federal contract provision and certification form addressing organizational conflicts of interest (OCI) requirements for VA healthcare contracts.
The provision (852.209-70, October 2020) requires all offerors responding to VA healthcare solicitations 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 advantages. Offerors must provide concise statements describing relevant facts concerning actual or potential conflicts for themselves, identified consultants, and subcontractors. The provision permits offerors to describe mitigation strategies through organizational or management systems. The Contracting Officer retains authority to determine whether an OCI exists and may disqualify an offeror unless the conflict can be mitigated through contract negotiation or a waiver under FAR 9.503. Nondisclosure or misrepresentation of conflicts at time of offer or arising from contract modifications may result in contract termination at no expense to the Government.
Appendix A provides the required certification form for contractor submission. The form offers two checkbox options: either certification that key personnel and identified individuals have no present, planned, or past conflicts of interest relating to services for the Minneapolis VA Health Care System, Minneapolis, Minnesota; or submission of an attached statement detailing all relevant facts concerning any conflicts and proposed mitigation measures. The form requires signature, date, printed name, and title of the certifying official and must reference the specific solicitation number.
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Other files
| File | Type | Posted |
|---|---|---|
| 36C26326R0005 0002.pdf | ||
| 36C26326R0005_3.docx | DOCX document | |
| 36C26326R0005_2.docx | DOCX document | |
| 36C26326R0005 0001.pdf | ||
| 36C26326R0005_1.docx | DOCX document | |
| D.4 Attachment 4 - Quality Assuance Surveillance Plan.pdf | ||
| 36C26326R0005.pdf | ||
| D.1 Attachment 1 - Immigration and Nationality Act Requirement.pdf | ||
| D.3 Attachment 3 - Contractor Rules of Behavior.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 Minneapolis VA Health Care System, Minneapolis MN 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 Minneapolis VA Health Care System, Minneapolis MN 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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