[Code of Federal Regulations]
[Title 48, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR852.209-70]

[Page 236]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 8--DEPARTMENT OF VETERANS AFFAIRS
 
Sec. 852.209-70  Organizational conflicts of interest.

    The following provision will be used as prescribed in 809.508-2:

             Organizational Conflicts of Interest (APR 1984)

    (a) The offeror represents to the best of his/her knowledge and 
belief that the award of the contract would not involve organizational 
conflicts of interest as defined in this representation. The term 
organizational conflicts of interests shall mean that a relationship 
exists whereby an offeror or a contractor (including his/her chief 
executive, directors, proposed consultants and subcontractors) has 
interests which may: (1) Diminish his/her capacity to give impartial, 
technically sound, objective assistance and advice or may otherwise 
result in a biased work product; or (2) result in an unfair competitive 
advantage. It does not include the ``normal flow of benefits'' from the 
performance of a contract.
    (b) Based on this representation and any other information solicited 
by the contracting officer, it may be determined organizational 
conflicts of interest exist which would warrant disqualifying the 
contractor for award of the contract unless the organizational conflicts 
of interest can be mitigated to the contracting officer's satisfaction 
by negotiating terms and conditions of the contract to that effect. In 
the case of a formally advertised solicitation, the apparent successful 
offeror may enter into a supplemental agreement which mitigates the 
organizational conflicts of interest.
    (c) Nondisclosure or misrepresentations of 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)

[49 FR 12629, Mar. 29, 1984, as amended at 50 FR 794, Jan. 7, 1985]