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 is required to screen the following relationships to ensure it has not entered into a prohibited affiliation: (1) Directors, officers, or partners of the Contractor (including the Contractor’s Board of Directors, if applicable); (2) Persons with beneficial ownership of 5 percent or more in the Contractor’s equity; (3) 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 obligation under this Contract with the Department. (C) Before entering into a relationship with the individuals listed in Article 6.3.2(B)(1), (2), and (3), the Contractor shall, at minimum: (1) Conduct searches of the LEIE and EPLS databases and any other database required by the Department to ensure that the individuals listed in Article 6.3.2(B)(1),(2), and (3) have been debarred, Suspended, or otherwise Excluded; and (2) The Contractor shall maintain documentation showing that such searches were conducted. (D) If the individuals listed in Article 6.3.2(B)(1), (2), and (3) are not found in the database searches, the Contractor is required to determine if the individual is an Affiliate of a person who is disbarred, 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. Affiliate is defined in Article 6.3.1(A)(3)(i) of this Contract. (1) The Contractor may provide the Department’s Prohibited Affiliation Attestation Form to the individuals listed in Article 6.3.2(B)(1), (2) and (3). If the Contractor chooses to use the Department’s Prohibited Affiliation Form, the Contractor shall keep the original version of this form and shall provide the Department with an electronic copy of the form. (2) The Department’s Prohibited Affiliation Attestation form includes a statement that if the individual completing the form subsequently becomes an affiliate of a person who is disbarred, 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 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 Contract may not enter into the relationship. (F) For relationships with the individuals listed in Article 6.3.2(B)(1)(2), and (3) that exist on the effective date of this Contract, the Contractor shall perform the database searches and obtain the requisite attestations. Thereafter, the Contractor shall conduct monthly searches of the required databases to determine if those individuals 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) and (3) of this Contract, then the Contractor or the other entity shall conduct the required database searches and obtain the requisite attestations. Thereafter the other entity or the Contractor shall conduct the monthly searches to ensure that those individuals have not been added to the databases. The party conducting the search shall keep records showing that these monthly searches were conducted. (H) The Contractor shall not be required to use the Department’s Prohibited Affiliation Attestation form if the Contractor has developed an alternative method to screen and report Prohibited Affiliations as described in this Article 6.

Screening for Prohibited Affiliations. (A) The Contractor shall maintain written policies and procedures for conducting routine searches for prohibited affiliations. (B) The Contractor is required to screen the following relationships to ensure it has not entered into a prohibited affiliation: (1) Directors, officers, or partners of the Contractor (including the Contractor’s Board of Directors, if applicable); (2) Subcontractor as governed by 42 CFR 438.230; (3) Persons with beneficial ownership of 5 percent or more in the Contractor’s equity; (34) Network Providers; or (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 obligation obligations under this Contract with the Department. (C) Before entering into a relationship with the individuals listed in Article 6.3.2(B)(1), (2), 2),(3),(4) and (35), the Contractor shall, at minimum: (1) Conduct searches of the LEIE and EPLS databases and any other database required by the Department to ensure that determine if the individuals listed in Article 6.3.2(B)(1),(2), and (3) have been are debarred, Suspended, or otherwise Excluded; and (2) The Contractor shall maintain documentation showing that such searches were conducted. (D) If the individuals listed in Article 6.3.2(B)(1), (22),(3),(4), and (35) are not found in the database searches, the Contractor is required to determine if the individual is an Affiliate of a person who is disbarreddebarred, 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. Affiliate is defined in Article 6.3.1(A)(3)(i6.3.1(A)(2)(ii) of this Contract. (1) The Contractor may provide the Department’s Prohibited Affiliation Attestation Form to the individuals listed in Article 6.3.2(B)(1), (2) and (3). If the Contractor chooses to use the Department’s Prohibited Affiliation Form, the Contractor shall keep the original version of this form and shall provide the Department with an electronic copy of the form. (2) The Department’s Prohibited Affiliation Attestation form includes a statement that if the individual completing the form subsequently becomes an affiliate of a person who is disbarred, 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 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 Contract may not enter into the relationship. (F) For relationships with the individuals listed in Article 6.3.2(B)(1)(2), and (3) that exist on the effective date of this Contract, the Contractor shall perform the database searches and obtain the requisite attestations. Thereafter, the Contractor shall conduct monthly searches of the required databases to determine if those individuals 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) and (3) of this Contract, then the Contractor or the other entity shall conduct the required database searches and obtain the requisite attestations. Thereafter the other entity or the Contractor shall conduct the monthly searches to ensure that determine if those individuals have not been added to the databases. The party conducting the search shall keep records showing that these monthly searches were conducted. (H) The Contractor shall not be required to use the Department’s Prohibited Affiliation Attestation form if the Contractor has developed an alternative method to screen and report Prohibited Affiliations as described in this Article 6.

Screening for Prohibited Affiliations. (A) The Contractor shall maintain written policies and procedures for conducting routine searches for prohibited affiliations. (B) The Contractor is required to shall screen the following relationships to ensure it has not entered into a prohibited affiliation: (1) Directorsdirectors, officers, or partners of the Contractor (including the Contractor’s Board of Directors, if applicable); (2) Persons Subcontractor as governed by 42 CFR 438.230; (3) persons with beneficial ownership of 5 percent or more in the Contractor’s equity; (34) Persons Network Providers; or (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 obligation 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 (35), the Contractor shall, at minimum: (1) Conduct conduct searches of the LEIE and EPLS databases and any other database required by the Department to ensure that determine if the individuals listed in Article 6.3.2(B)(1),(2), (3), (4), and (35) have been are debarred, Suspended, or otherwise Excluded; and (2) The Contractor shall 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 (35) are not found in the database searches, the Contractor is required to determine if the individual is an Affiliate Affiliate, as defined by the Federal Acquisition Regulation, of a person who is disbarreddebarred, 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. Affiliate is defined in Article 6.3.1(A)(3)(i) of this Contract. (1) The Contractor may provide the Department’s Prohibited Affiliation Attestation Form to the individuals listed in Article 6.3.2(B)(1), (2) (3), (4) and (35). If the Contractor chooses to use the Department’s Prohibited Affiliation Form, the Contractor shall keep the original version of this form and shall provide the Department with an electronic copy of the form. (2) The Department’s Prohibited Affiliation Attestation form includes a statement that if the individual completing the form subsequently becomes an affiliate of a person who is disbarreddebarred, 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 Contract may not enter into the relationship. (F) For relationships with the individuals listed in Article 6.3.2(B)(1)(26.3.2(B)(1), (2), (3), (4) and (35) that exist on the effective date of this Contract, the Contractor shall perform the database searches and obtain the requisite attestations. Thereafter, the Contractor shall conduct monthly searches of the required databases to determine if those individuals 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)(26.3.2(B)(1), (2), (3), (4) and (35) 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 the other entity or the Contractor shall conduct the monthly searches to ensure that determine if those individuals or entities listed in Article 6.3.2(B)(1), (2), (3), (4), (5) have not been added to the databases. The party conducting the search shall keep records showing that these monthly searches were conducted. (H) The Contractor shall not be required to use the Department’s Prohibited Affiliation Attestation form if the Contractor has developed an alternative method to screen and report Prohibited Affiliations as described in this Article 6.

Screening for Prohibited Affiliations. (A) The Contractor shall maintain written policies and procedures for conducting routine searches for prohibited affiliations. (B) The Contractor is required to shall screen the following relationships to ensure it has not entered into a prohibited affiliationaffiliation with: (1) Directorsdirectors, officers, or partners of the Contractor (including the Contractor’s Board of Directors, if applicable); (2) Persons Subcontractors as governed by 42 CFR § 438.230; (3) persons with beneficial ownership of 5 percent or more in the Contractor’s equity; (34) Persons Network Providers; or (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 obligation 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), and (3), 6.3.2(B) of this attachment the Contractor shall, at minimum: (1) Conduct conduct searches of the LEIE and EPLS XXX databases and any other database required by the Department to ensure that the individuals listed in Article 6.3.2(B)(1),(2), and (36.3.2(B) have been of this attachment are not debarred, Suspended, or otherwise Excluded; and (2) The Contractor shall maintain documentation showing that such searches were conducted. (D) If the individuals or an entity listed in Article 6.3.2(B)(1), (2), and (36.3.2(B) of this attachment are not found in the database searches, the Contractor is required to determine if the individual or entity is an Affiliate affiliate, as defined by FAR, of a person who is disbarreddebarred, Suspended, or otherwise 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. Affiliate is defined in Article 6.3.1(A)(3)(i) of this Contract. (1) To determine if those listed in Article 6.3.2(B) of this attachment are an affiliate of a person who is debarred, Suspended, or otherwise Excluded, the Contractor shall obtain attestations. The Contractor may provide the Department’s Prohibited Affiliation Attestation Form to the individuals listed in Article 6.3.2(B)(1), (2) and (3). If the Contractor chooses to use the Department’s Prohibited Affiliation Formprohibited affiliation attestation form, or its own prohibited affiliation attestation form as long as the Contractor shall keep Contractor’s form includes the original version of this form same data elements and shall provide information as the Department with an electronic copy of the Department’s form. (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 disbarreddebarred, Suspended, or otherwise 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 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 Contract may Contractor shall not enter into the relationship. (F) For relationships with the individuals or entities listed in Article 6.3.2(B)(1)(2), and (36.3.2(B) of this attachment that exist on the effective date of this Contract, the Contractor shall perform the database searches and obtain the requisite attestations. Thereafter, the Contractor shall conduct monthly searches of the required databases to determine if any of those individuals have been added to the databases. The Contractor shall keep records showing that these monthly searches were are 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) and (36.3.2(B) of this Contract, attachment then the Contractor or the other entity shall conduct the required database searches and obtain the requisite attestations. Thereafter the Contractor or the other entity or the Contractor shall conduct the monthly searches to ensure that any of those individuals or entities listed in Article 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 were are conducted. (H) The Contractor shall not be required to use the Department’s Prohibited Affiliation Attestation form if the Contractor has developed an alternative method to screen and report Prohibited Affiliations as described in Article 6.3 of this Article 6attachment. The Contractor shall send a written request to the Department describing the alternative method. The use of an alternative method must be approved of by the Department, in writing.