D.3 Organizational Conflicts of Interest.pdf

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Attached to
G004--Intensive Outpatient Program (IOP) Beds to be located in Summit County, OH
Solicitation number
36C25027Q0001
Issued by

About this file

This document is an attachment containing the Organizational Conflicts of Interest (OCI) provision and certification template for VA healthcare contracts, specifically for Solicitation 36C25027Q0001 regarding Interventional Radiology Physician Services at the VA Northeast Ohio Healthcare System (VANEOHS).

The provision requires all contractors to disclose any past, present, or currently planned financial, contractual, or organizational interests that could create conflicts of interest or provide unfair competitive advantages. Contractors must provide detailed statements concerning themselves, identified consultants, and subcontractors who will deliver services under the contract. The Contracting Officer may disqualify offerors with unmitigable conflicts or may negotiate contract terms to address identified conflicts. Failure to disclose or misrepresentation of organizational conflicts of interest may result in contract termination at no expense to the Government. The certification template in Appendix A provides two options: contractors may certify that key personnel have no conflicts of interest, or they may attach a detailed statement describing any actual or potential conflicts and how their organizational or management systems would mitigate them. The form requires signature and certification by an authorized official.

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Attachment D.3

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.

852.209-70.ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2008)

(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.

https://www.acquisition.gov/content/part-9-contractor-qualifications#i1114968

Attachment D.3

APPENDIX A

[CONTRACTOR NAME]

[ADDRESS]

SOLICITATION # 36C25027Q0001

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 36C25027Q0001 Interventional Radiology Physician Services 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 VA Northeast Ohio Healthcare System (VANEOHS) 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 VANEOHS 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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