D.2 Attachment 2 - Organizational Conflict of Interest.pdf
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- Solicitation number
- 36C26326R0044
About this file
This document is a federal contracting provision template addressing organizational conflicts of interest (OCT 2020) requirements for Veterans Affairs healthcare contracts, specifically for the Minneapolis VA Health Care System.
The provision requires all offerors to disclose past, present, or currently planned financial, contractual, organizational, or other interests that could create actual or potential organizational conflicts of interest relating to the services being procured. Offerors must provide conflict of interest statements for themselves, as well as for any identified consultants and subcontractors that will provide services under the solicitation. Offerors may also present information demonstrating how their organizational and management systems would mitigate any identified conflicts. The Contracting Officer retains authority to determine whether a conflict exists and may disqualify an offeror unless the conflict can be mitigated through negotiated contract terms, or the Contracting Officer requests a waiver per FAR 9.503. The provision stipulates that nondisclosure or misrepresentation of conflicts at time of offer or resulting from contract modifications may result in contract termination at no expense to the Government. APPENDIX A provides a certification statement template requiring the contractor's authorized official to certify either that key personnel have no conflicts of interest or to attach a detailed statement describing all relevant facts concerning any past, present, or planned conflicts and proposed mitigation measures.
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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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