org-conflict-int-disclos-ext-jan06 (1).pdf
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- Solicitation number
- PR462809
- Issued by
-
Department of Energy
About this file
This document is a federal contracting form requiring organizational conflicts of interest disclosure for advisory and assistance services contracts, dated January 2006 from the University of Texas Contracts Division.
The provision mandates that apparent successful offerors must submit a comprehensive statement disclosing any past (within 12 months), present, or planned financial, contractual, organizational, or other interests relating to the statement of work performance. For contractual interests, offerors must identify all clients served in the preceding 12 months on the same or directly related subject matter, including client names, addresses, telephone numbers, service descriptions, responsible officer contacts, and applicable agency and contract numbers. For financial interests, offerors must detail the nature, extent, and entities involved in the financial relationship. The disclosure statement must also affirm either that no actual or potential conflict of interest exists or fully communicate any conflicts that do exist. Failure to provide the required statement results in ineligibility for award, while misrepresentation or omission of material facts may trigger penalties for false statements or other legal remedies. This template establishes the disclosure framework to ensure contractor objectivity and impartiality in performing advisory and assistance services and to prevent unfair competitive advantages.
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Text version
Organizational Conflicts of Interest Disclosure—Advisory and Assistance Services UT-B Contracts Div Jan 2006 org-conflict-int-disclos-ext-jan06.doc
ORGANIZATIONAL CONFLICTS OF INTEREST DISCLOSURE –
ADVISORY AND ASSISTANCE SERVICES (Jan 2006)
(a) Organizational conflict of interest means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Company or Government, or the person’s objectivity in performing the subcontract work is or might be otherwise impaired, or a person has an unfair competitive advantage.
(b) An offeror notified that it is the apparent successful offeror shall provide the statement described in paragraph (c) of this provision. For purposes of this provision, “apparent successful offeror” means the proposer selected for final negotiations or, where individual subcontracts are negotiated with all firms in the competitive range, it means all such firms.
(c) The statement must contain the following:
(1) A statement of any past (within the past twelve months), present, or currently planned financial, contractual, organizational, or other interests relating to the performance of the statement of work. For contractual interests, such statement must include the name, address, telephone number of the client or client(s), a description of the services rendered to the previous client(s), and the name of a responsible officer or employee of the offeror who is knowledgeable about the services rendered to each client, if, in the 12 months preceding the date of the statement, services were rendered to the Company or Government or any other client (including a foreign government or person) respecting the same subject matter of the instant solicitation, or directly relating to such subject matter. The agency and contract number under which the services were rendered must also be included, if applicable. For financial interests, the statement must include the nature and extent of the interest and any entity or entities involved in the financial relationship. For these and any other interests enough such information must be provided to allow a meaningful evaluation of the potential effect of the interest on the performance of the statement of work.
(2) A statement that no actual or potential conflict of interest or unfair competitive advantage exists with respect to the advisory and assistance services to be provided in connection with the instant Agreement or that any actual or potential conflict of interest or unfair competitive advantage that does or may exist with respect to the Agreement in question has been communicated as part of the statement required by (b) of this provision.
(d) Failure of the offeror to provide the required statement may result in the offeror being determined ineligible for award. Misrepresentation or failure to report any fact may result in the assessment of penalties associated with false statements or such other provisions provided for by law or regulation.
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