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transaction , unless authorized by the department or agency entering into this transaction . g . The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension , Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction ," provided by the department or agency entering into this covered transaction , without modification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions . h . A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred , suspended , ineligible , or voluntarily excluded from the covered transaction , unless it knows that the certification is erroneous . A participant may decide the method and frequency by which it determines the eligibility of its principals . Each participant may, but is not required to , check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration . i . Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause . The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings . j . Except for transactions authorized under paragraph f of these instructions , if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended , debarred , ineligible , or voluntarily excluded from participation in this transaction , in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Primary Covered Transactions 1 . The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals : a . Are not presently debarred , suspended , proposed for debarment, declared ineligible , or voluntarily excluded from covered transactions by any Federal department or agency; b . Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining , attempting to obtain , or performing a public (Federal , State or local ) transaction or contract under a public transaction ; violation of Federal or State antitrust statutes or commission of embezzlement , theft, forgery, bribery, falsification or destruction of records , making false statements , or receiving stolen property; C, Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity ( Federal , State or local ) with commission of any of the offenses enumerated in paragraph lb of this certification ; and d . Have not within a 3-year period preceding this application/proposal had one or more public transactions ( Federal , State or local ) terminated for cause or default . 17 F :\Engineering\Capital Projects\0216- 12th Street Between 16th Avenue and l lth Place\0216 Federal Contract Provisions .doc ar492M8 3.°6.25 PM