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2 . Where the prospective primary participant is unable to certify to any of the statements in this certification , such prospective participant shall attach an explanation to this proposal . (2 ) Instructions for Certification - Subcontracts : (Applicable to all subcontracts , purchase orders and other lower tier transactions of $25, 000 or more - 49 CFR 29 ) a . By signing and submitting this proposal , the prospective lower tier is providing the certification set out below. b . The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into . If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification , in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies , including suspension and/or debarment. C . The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances . d . The terms "covered transaction , " "debarred , " "suspended ," " ineligible , " "primary covered transaction , " "participant, " "person , " "principal , " "proposal ," and "voluntarily excluded , " as used in this clause , have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 . You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations . e . The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into , it shall not knowingly enter into any lower tier covered transaction with a person who is debarred , suspended , declared ineligible , or voluntarily excluded from participation in this covered transaction , unless authorized by the department or agency with which this transaction originated . f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment , Suspension , Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction ," without modification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions . g . 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 List . h . 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 . i . Except for transactions authorized under paragraph a 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 with which this transaction originated may pursue available remedies , including suspension and/or debarment . 18 F :\Engineering\Capital Projects\0216- 12th Street Between 16th Avenue and 11th Place\0216 Federal Contract Provisions . doc 8/29/2008 3:06:25 PM