The DTA's mission is to provide a public transit service that is safe, convenient, efficient and affordable.
Organizational Conflict of Interest
An organization conflict of interest means that because of other activities or relationships
with other persons or entities, a Contractor is unable, or potentially unable to
render impartial assistance or advice to the DTA, or the Contractor’s objectivity
in performing the contract work is, or might be otherwise impaired, or the Contractor
has an unfair competitive advantage. Organizational Conflict of interest includes
situations where the capacity of a Contractor (including the Contractor’s executives,
directors, consultants, subsidiaries, parent companies or subcontractors) to give
impartial, technically sound advice or objective assistance is or may be impaired
or may otherwise result in a biased work product because of any past, present or
planned interest, financial or otherwise, in the DTA.
The Contractor is responsible for maintaining and providing up-to-date conflict
of interest information to the DTA’s Director of Finance. If, after award of this
contract or task order, the Contractor discovers a conflict of interest with respect
to this contract or task order which could not reasonably have been known prior
to award, or if any additional conflicts or potential conflicts arise after award,
the Contractor shall give written notice to the DTA’s Director of Finance as set
The Contractor's notice called for in paragraph b. above shall describe the actual,
apparent, or potential conflict of interest, the action(s) the Contractor has taken
or proposes to take to avoid or mitigate any conflict, and shall set forth any other
information which the Contractor believes would be helpful to the DTA’s Director
of Finance in analyzing the situation.
The Contractor has the responsibility of formulating and forwarding a proposed mitigation
plan to the DTA’s Director of Finance, for review and consideration. This responsibility
arises when the Contractor first learns of an actual, apparent, or potential conflict
of interest. Corporate counsel review of the proposed mitigation plan is necessary
to ensure a timely review and final determination by the DTA’s Director of Finance.
If the DTA’s Director of Finance in his/her discretion determines that the Contractor's
actual, apparent, or potential conflict of interest remains, or the measures proposed
are insufficient to avoid or mitigate the conflict, the DTA’s Director of Finance
will direct a course of action to the Contractor designed to avoid, neutralize,
or mitigate the conflict of interest. If the parties fail to reach agreement on
a course of action, or if having reached such agreement the Contractor fails to
strictly adhere to such agreement during the remaining period of contract performance,
the DTA’s Director of Finance has the discretion to terminate the contract for default.
No determination or decision by the DTA’s Director of Finance under this clause
shall be reviewable under FAR Clause 52.233-1, "Disputes Clause (JUL 2002)," which
is also incorporated by reference herein.
The Contractor's misrepresentation of facts in connection with a conflict of interest
reported or a Contractor’s failure to disclose a conflict of interest as required
shall be a basis for default termination of this contract.
The Contractor is prohibited from submitting qualifications, bids, proposals, offers,
solicitations, or similar documents to the Grantee it is supervising during the
contract and task order performance periods.
Management of conflicts of interest by the Contractor will be a part of performance