S02 -Attachment D.2 Organizational Conflict of Interest.pdf
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- Attached to
- Q524--On-site Cardiothoracic Physician Services | San Juan Answer Vendor Questions and Extend RFP Close Date
- Solicitation number
- 36C24826R0072
About this file
This document is an Organizational Conflict of Interest (OCI) provision and certification form for RFP #36C24826R0072 and #36C24825R0117 issued by the Veterans Administration for the San Juan VA Medical Center.
The provision requires all offerors to disclose any past, present, or currently planned financial, contractual, organizational, or other interests that could create organizational conflicts of interest or provide unfair competitive advantage in performing contract work. Offerors must submit a certification statement using the provided Appendix A form, either certifying that key personnel and identified employees have no conflicts of interest, or attaching a detailed statement describing all relevant facts concerning any actual or potential conflicts. The disclosure requirements extend to all consultants and subcontractors identified in the proposal. Offerors may also describe organizational, management systems, or other mitigation measures to address identified conflicts. The Contracting Officer may disqualify an offeror based on unmitigated conflicts of interest or request a waiver per FAR 9.503 if award is determined to be in the Government's best interest. Nondisclosure or misrepresentation of conflicts at the time of offer or resulting from contract modifications may result in contract termination at no expense to the Government.
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ATTACHMENT D.2 - RFP #36C24826R0072 - ORGANIZATIONAL CONFLICT OF INTEREST
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 (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.
https://www.acquisition.gov/far/part-9#FAR_9_503
ATTACHMENT D.2 - RFP #36C24825R0117 - ORGANIZATIONAL
CONFLICT OF INTEREST
APPENDIX A
[CONTRACTOR NAME] ________________________________
[ADDRESS]___________________________________________
SOLICITATION # 36C24825R0117
CONTRACTOR CONFLICT OF INTEREST CERTIFICATION STATEMENT
[ ] [CONTRATOR NAME]_____________________________ represents that the individuals listed in the Key Personnel and Temporary Emergency Substitutions section of the solicitation 36C24824R0122 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 Veterans Administration (VA), San Juan VA Medical Center, 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 Veterans Administration, San Juan VAMC, VACHS 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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