D.2 ORGANIZATIONAL CONFLICT OF INTEREST.pdf

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Attached to
Q515--Pathology Physician & Lab Testing Federal contract opportunity
Solicitation number
36C26324Q0292
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 23

About this file

This is a federal contracting provision addressing organizational conflicts of interest for VA healthcare contracts, specifically provision 852.209-70 (OCT 2020) as prescribed in VAAR 809.507-1(b).

The provision requires offerors to disclose any past, present, or planned interests that could create organizational conflicts of interest or provide unfair competitive advantages when performing contract work for the government. Offerors must provide statements describing all relevant facts concerning potential conflicts for themselves, consultants, and subcontractors, and may include information on how their organizational systems would mitigate such conflicts. The Contracting Officer may determine if conflicts exist that warrant disqualification unless mitigated through contract terms, or may request a waiver per FAR 9.503 if award is still in the government's best interest. Nondisclosure or misrepresentation of conflicts may result in contract termination at no expense to the government. The document includes Appendix A, which provides a certification statement form for contractors to either certify no conflicts exist for key personnel providing services to the Central Iowa VA Health Care System in Des Moines, Iowa, or to attach a detailed statement describing any actual or potential conflicts.

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D.4 QUALITY ASSURANCE SURVEILLANCE PLAN - QASP.pdf 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 _________________________________] 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 Central Iowa VA Health Care System, Des Moines IA 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 Central Iowa VA Health Care System, Des Moines IA 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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