D.6 Organizational Conflicts of Interest.pdf
PDF 112 KB Posted
- Attached to
- Q522--Teleradiology Services - Dayton VAMC
- Solicitation number
- 36C25026Q0444
About this file
This document is a federal contract provision addressing organizational conflicts of interest (OCIs) for VA healthcare contracts, specifically for solicitation 36C25026Q0444 Teleradiology Services at the Dayton VA Medical Center.
The provision requires all contractors to disclose any past, present, or planned financial, contractual, or organizational interests that could create conflicts or provide unfair competitive advantages. Contractors must submit a certification statement using the provided template in Appendix A, disclosing conflicts for the prime contractor, all identified consultants, and subcontractors who will provide services. The certification offers two options: attestation that key personnel have no conflicts, or submission of a detailed statement describing all relevant facts and mitigation measures. Nondisclosure or misrepresentation of conflicts may result in contract termination at no cost to the Government. The Contracting Officer retains authority to determine whether conflicts warrant contractor disqualification, request mitigation through contract terms, or pursue a formal waiver under FAR 9.503 if the conflict cannot be adequately addressed but award is deemed in the Government's best interest.
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Attachment D.6
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.6
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 36C25026Q0444 Teleradiology 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 Dayton VA Medical Center (VAMC) 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 Dayton VA Medical Center (VAMC) 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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