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transaction , unless authorized by the department or agency entering into this <br /> transaction . <br /> g . The prospective primary participant further agrees by submitting this proposal that it <br /> will include the clause titled "Certification Regarding Debarment, Suspension , <br /> Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction ," provided by <br /> the department or agency entering into this covered transaction , without <br /> modification , in all lower tier covered transactions and in all solicitations for lower tier <br /> covered transactions . <br /> h . A participant in a covered transaction may rely upon a certification of a prospective <br /> participant in a lower tier covered transaction that is not debarred , suspended , <br /> ineligible , or voluntarily excluded from the covered transaction , unless it knows that <br /> the certification is erroneous . A participant may decide the method and frequency by <br /> which it determines the eligibility of its principals . Each participant may, but is not <br /> required to , check the nonprocurement portion of the "Lists of Parties Excluded From <br /> Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is <br /> compiled by the General Services Administration . <br /> i . Nothing contained in the foregoing shall be construed to require establishment of a <br /> system of records in order to render in good faith the certification required by this <br /> clause . The knowledge and information of participant is not required to exceed that <br /> which is normally possessed by a prudent person in the ordinary course of business <br /> dealings . <br /> j . Except for transactions authorized under paragraph f of these instructions , if a <br /> participant in a covered transaction knowingly enters into a lower tier covered <br /> transaction with a person who is suspended , debarred , ineligible , or voluntarily <br /> excluded from participation in this transaction , in addition to other remedies available <br /> to the Federal Government, the department or agency may terminate this transaction <br /> for cause or default. <br /> Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Primary <br /> Covered Transactions <br /> 1 . The prospective primary participant certifies to the best of its knowledge and belief, <br /> that it and its principals : <br /> a . Are not presently debarred , suspended , proposed for debarment, declared ineligible, <br /> or voluntarily excluded from covered transactions by any Federal department or agency; <br /> b . Have not within a 3-year period preceding this proposal been convicted of or had a <br /> civil judgment rendered against them for commission of fraud or a criminal offense in connection with <br /> obtaining , attempting to obtain , or performing a public ( Federal , State or local ) transaction or contract <br /> under a public transaction ; violation of Federal or State antitrust statutes or commission of <br /> embezzlement, theft, forgery, bribery, falsification or destruction of records , making false statements , <br /> or receiving stolen property; <br /> C, Are not presently indicted for or otherwise criminally or civilly charged by a <br /> governmental entity (Federal , State or local) with commission of any of the offenses enumerated in <br /> paragraph lb of this certification ; and <br /> d . Have not within a 3-year period preceding this application/proposal had one or more <br /> public transactions ( Federal , State or local ) terminated for cause or default . <br /> 17 <br /> F :\Engineering\Capital Projects\0604- 12th St Sidewalk Improve between 43rd Ave & 27th Ave\0604 Federal <br /> Contract Provisions .doc a2WM a20:34 PM <br />