Common use of Screening for Prohibited Affiliations Clause in Contracts

Screening for Prohibited Affiliations. (A) The Contractor shall maintain written policies and procedures for conducting routine searches for prohibited affiliations. (B) The Contractor shall screen the following relationships to ensure it has not entered into a prohibited affiliation with: (1) directors, officers, or partners of the Contractor (including the Contractor’s Board of Directors). If an elected official is legally required to serve on the Board of Directors (e.g., mayor, county council member, etc.), and it is determined that a prohibited affiliation exists, then the Contractor shall prohibit that elected official from participating in any discussions or decisions related to this Contract or the terms therein; (2) Subcontractors as governed by 42 CFR 438.230; (3) persons with beneficial ownership of 5 percent or more in the Contractor’s equity; (4) Network Providers; and (5) persons with an employment, consulting, or other arrangement with the Contractor for the provision of items and services that are significant and material to the Contractor’s obligations under this Contract with the Department. (C) Before entering into a relationship with the individuals or entities listed in Article 6.3.2 (B)(1), (2), (3), (4), and (5), the Contractor shall, at minimum: (1) conduct searches of the XXX and LEIE databases, and any other databases required by the Department, to determine if individuals listed in Article 6.3.2(B)(1), (2), (3), (4), and (5) are debarred, Suspended, or otherwise Excluded; and (2) maintain documentation showing that such searches were conducted. (D) If the individuals or an entity listed in Article 6.3.2 (B)(1), (2), (3), (4), and (5) are not found in the database search, the Contractor is required to determine if the individual or entity is an affiliate of a person who is debarred, Suspended, or otherwise Excluded from participating in procurement activities under the Federal Acquisition Regulation or from participating in nonprocurement activities under regulations issued pursuant to Executive Order No. 12549 or under any guidelines implementing such order. (1) To determine if those listed in Article 6.3.2(B)(1), (2), (3), (4), and (5) are an affiliate of a person who is debarred, Suspended, or otherwise Excluded, the Contractor shall obtain attestations. (2) The Department’s Prohibited Affiliation Attestation form includes a statement that if the individual or entity completing the form subsequently becomes an affiliate of a person who is debarred, Suspended, or otherwise Excluded from participating in procurement activities under the Federal Acquisition Regulation or from participating in nonprocurement activities under regulations issued pursuant to Executive Order No. 12549 or under any guidelines implementing such order, the individual must notify the Contractor within 30 calendar days of the discovery and complete a new attestation form. (E) If the Contractor determines based on database search results or from the attestation forms that a prohibited affiliation would result, the Contractor may not enter into the relationship. (F) The Contractor shall conduct monthly searches of the required databases to determine if those listed in Article 6.3.2 (B)(1), (2), (3), (4), and (5) have been added to the databases. The Contractor shall keep records showing that these monthly searches were conducted. (G) If an entity other than the Contractor (for example, the board of directors) has the authority to enter into a relationship described in Article 6.3.2 (B)(1), (2), (3), (4), and (5) of this Contract, then the Contractor or the other entity shall conduct the required database searches and obtain the requisite attestations. Thereafter the Contractor or other entity shall conduct the monthly searches to determine if those individuals or entities listed in Article

Screening for Prohibited Affiliations. (A) The Contractor shall maintain written policies and procedures for conducting routine searches for prohibited affiliations. Whenever a search of the LEIE and XXX, and any other database required by the Department, is required in this Contract, the Contractor may use: (1) a certified Credentials Verification Organization (CVO) as long as the Contractor’s written policies and procedures address selection of a CVO and that the Contractor may only use a CVO that: a) is certified by NCQA or other organization that offers a CVO certification program; and b) provides evidence of LEIE and XXX searches that include the dates of the searches; or (2) the NPDB as long as the Contractor enrolls in NPBD’s Continuous Query to ensure complete information on Exclusions. (B) The Contractor shall screen the following relationships to ensure it has not entered into a prohibited affiliation with: (1) directors, officers, or partners of the Contractor (including the Contractor’s Board of Directors). If an elected official is legally required to serve on the Board of Directors (e.g., mayor, county council member, etc.), and it is determined that a prohibited affiliation exists, then the Contractor shall prohibit that elected official from participating in any discussions or decisions related to this Contract or the terms therein; (2) Subcontractors as governed by 42 CFR § 438.230; (3) persons with beneficial ownership of 5 percent or more in the Contractor’s equity; (4) Network Providers; andor (5) persons with an employment, consulting, or other arrangement with the Contractor for the provision of items and services that are significant and material to the Contractor’s obligations under this Contract with the DepartmentContract. (C) Before entering into a relationship with the individuals or entities listed in Article 6.3.2 (B)(1), (2), (3), (4), and (5), 6.3.2(B) of this attachment the Contractor shall, at minimum: (1) conduct searches of the LEIE and XXX and LEIE databases, databases and any other databases database required by the Department, Department to determine if ensure that the individuals listed in Article 6.3.2(B)(1), (2), (3), (4), and (56.3.2(B) of this attachment are not debarred, Suspendedsuspended, or otherwise Excluded; and (2) maintain documentation showing that such searches were conducted. (D) If the individuals or an entity listed in Article 6.3.2 (B)(1), (2), (3), (4), and (56.3.2(B) of this attachment are not found in the database searchsearches, the Contractor is required to shall determine if the individual or entity is an affiliate affiliate, as defined by FAR, of a person who is debarred, Suspendedsuspended, or otherwise Excluded excluded from participating in procurement activities under the Federal Acquisition Regulation FAR or from participating in nonprocurement non-procurement activities under regulations issued pursuant to Executive Order No. 12549 or under any guidelines implementing such order. (1) To determine if those the individuals or entities listed in Article 6.3.2(B)(1), (2), (3), (4), and (56.3.2(B) of this attachment are an affiliate of a person who is debarred, Suspendedsuspended, or otherwise Excludedexcluded from participating in procurement activities under FAR or from participating in non-procurement activities under regulations issued pursuant to Executive Order No. 12549 or under any guidelines implementing such order, the Contractor shall obtain attestationswritten attestations from the individuals or entities stating whether they are an affiliate, as defined by FAR, of an individual or entity that has been debarred, suspended or otherwise excluded from participating in procurement activities under FAR or from participating in non-procurement activities under regulations issued pursuant to Executive Order No. 12549 or under any guidelines implementing such order. (2) The Department’s Prohibited Affiliation Attestation form includes Contractor's written attestation shall include a statement that if the individual or entity completing the form written attestation subsequently becomes an affiliate of a person who is debarred, Suspendedsuspended, or otherwise Excluded excluded from participating in procurement activities under the Federal Acquisition Regulation FAR or from participating in nonprocurement non-procurement activities under regulations issued pursuant to Executive Order No. 12549 or under any guidelines implementing such order, the individual or entity must notify the Contractor within 30 calendar days of the discovery and complete a new attestation formdiscovery. (E) If the Contractor determines based on database search results or from the written attestation forms that a prohibited affiliation would result, the Contractor may shall not enter into the relationship. (F) The Contractor shall conduct monthly searches of the required databases to determine if those listed in Article 6.3.2 (B)(1), (2), (3), (4), and (5) have been added to the databases. The Contractor shall keep records showing that these monthly searches were conducted. (G) If an entity other than the Contractor (for example, the board Board of directorsDirectors) has the authority to enter into a relationship described in Article 6.3.2 (B)(1), (2), (3), (4), and (56.3.2(B) of this Contract, attachment then the Contractor or the other entity shall conduct the required database searches and obtain the requisite written attestations. Thereafter the Contractor or the other entity shall conduct the monthly searches to determine if ensure that any of those individuals or entities listed in ArticleArticle 6.3.2(B) of this attachment have not been added to the databases. The party conducting the search shall keep records showing that these monthly searches are conducted. (G) If the Contractor has developed an alternative method to screen for prohibited affiliations as described in Article 6.3 of this attachment, the Contractor shall send a written request to the Department describing the alternative method. The use of an alternative method must be approved by the Department, in writing.