D.2 - Attachment 2 - ORGANIZATIONAL CONFLICTS OF INTEREST.pdf
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- Solicitation number
- 36C26326R0031
About this file
This document is a federal contracting provision addressing organizational conflicts of interest (OCI) requirements for healthcare contracts with the Department of Veterans Affairs (VA).
The provision, numbered 852.209-70 (October 2020), requires all contractors responding to VA healthcare solicitations to disclose any past, present, or planned financial, contractual, or organizational interests that could impair their objectivity or create unfair competitive advantages in performing contract work. Contractors must submit a certification statement using the provided Appendix A form, disclosing relevant facts for themselves, key personnel, and any identified consultants or subcontractors. The form offers two options: certification that no conflicts exist, or submission of an attached statement describing all actual or potential conflicts and mitigation measures. The Contracting Officer may disqualify an offeror based on identified conflicts unless they can be mitigated through contract terms negotiation, or the officer may request a waiver per FAR 9.503 if award is determined to be in the Government's best interest. Nondisclosure or misrepresentation of conflicts at offer time or through subsequent contract modifications may result in contract termination at no expense to the Government. The certification must be signed by an authorized official and submitted with the proposal.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| D.3 - Attachment 3 - CONTRACTOR CERTIFICATION.pdf | ||
| 36C26326R0031.pdf | ||
| 36C26326R0031_1.docx | DOCX document | |
| D.4 - Attachment 4 - CONTRACTOR RULES OF BEHAVIOR.pdf | ||
| D.1 QASP VISN PHARMACY.pdf |
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Text version
D.2 - Attachment 2 - ORGANIZATIONAL
CONFLICTS OF INTEREST
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 ORGANIZATIONAL CONFLICTS OF INTEREST
36C26324R0100
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 Type___] 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 ___[NAME OF VAMC] _________ 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___NAME OF VAMC _________ 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.
NAME OF CERTIFYING OFFICIAL
TITLE
SIGNATURE DATE
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