D.2 Organizational Conflict.pdf
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- Solicitation number
- 36C25926Q0497
About this file
This file is a federal contracting provision and certification template for organizational conflicts of interest (OCT 2020) applicable to all Veterans Administration healthcare contracts.
The provision requires all offerors to disclose any past, present, or currently planned financial, contractual, organizational, or other interests that could create an organizational conflict of interest or provide an unfair competitive advantage in performing contract work. Offerors must submit a statement with their proposal describing all relevant facts related to actual or potential conflicts, including information for any identified consultants and subcontractors who will provide services. Offerors may additionally provide information demonstrating how their organizational or management systems would mitigate identified conflicts. The Contracting Officer may determine whether a conflict exists and either disqualify the contractor, negotiate contract terms to mitigate the conflict, or request a waiver under FAR 9.503 if award is deemed in the Government's best interest. Nondisclosure or misrepresentation of conflicts at the time of offer or through subsequent contract modifications may result in contract termination at no expense to the Government. Appendix A provides the mandatory certification form requiring the contractor to certify either that key personnel have no conflicts of interest or to attach a detailed statement describing all relevant facts and mitigation measures, signed by an authorized certifying official.
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| File | Type | Posted |
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| D.3 Immigration Certification.pdf | ||
| D.1 Quality Assurance Surveillance Plan QASP.pdf | ||
| 36C25926Q0497 - final.pdf | ||
| D.4 Contractor's 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)
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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