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b . Have not within a 3 -year period preceding this proposal been convicted of or had <br /> a civil judgment rendered <br /> against attemptin them <br /> to obtain , or,perfoming a fraud <br /> public ( Federal ,criminal <br /> Stateoffense <br /> or local ) <br /> connection with obtaining ? attempting <br /> transaction or contract under a public transaction ; violation of Federal or State antitrust statutes or <br /> commission of embezzlement theft , <br /> forgery , bribery ? <br /> falsification or destruction of records , <br /> o <br /> making false statements , 9 <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 <br /> in paragraph 1 b of this certification ; and <br /> d . Have t within a, State orpocal ) terminated for apseeriod preceding this 'cor Idefaultposal had one or <br /> more public transactionsFederal <br /> 2 . Where the prospective primary participant is unable to certify to any of the <br /> statements in this certification , such prospective participant shall attach an explanation to this <br /> proposal . <br /> (2) Instructions for Certification - Subcontracts : <br /> (Applicable to all subcontracts , purchase orders and other lower tier transactions of $25 , 000 or <br /> more - 49 CFR 29 ) <br /> a . By signing and submitting this proposal , the prospective lower tier is providing the <br /> certification set out below . <br /> b . The certification in this clause is a material representation of fact upon which reliance <br /> was placed when this transaction was entered into . If it is later determined that the <br /> prospective lower tier participant knowingly rendered an erroneous certification , in <br /> addition to other remedies available to the Federal Government, the department , or <br /> agency with which this transaction originated may pursue available remedies , including <br /> suspension and/or debarment. <br /> C . The prospective lower tier participant shall provide immediate written notice to the person <br /> to which this proposal is submitted if at any time the prospective lower tier participant <br /> learns that its certification was erroneous by reason of changed circumstances . <br /> d . The terms "covered transaction , " " debarred , " " suspended , " " ineligible , " " primary covered <br /> transaction , " " participant, " " person , " " principal , " " proposal , " and "voluntarily excluded , " as <br /> used in this clause , have the meanings set out in the Definitions and Coverage sections <br /> of rulesal implementing <br /> subm ted for assistance in obtaining a copy of those the person to which this <br /> regulations . <br /> ons <br /> propos s <br /> e . The prospective lower tier participant agrees by submitting this proposal that, <br /> should the <br /> proposed covered transaction be entered into , it shall not knowingly enter into any lower <br /> tier covered transaction with a person who is debarred , suspended , declared ineligible , or <br /> voluntarily excluded from participation in this covered transaction , unless authorized by <br /> the department or agency with which this transaction originated . <br /> f. The prospective lower tier participant further agrees by submitting this proposal that it will <br /> include this clause titled Certification Regarding Debarment , Suspension , Ineligibility and <br /> Voluntary Exclusion- Lower Tier Covered Transaction , " without modification , in all lower <br /> tier covered transactions and in all solicitations for lower tier covered transactions . <br /> 19 <br /> 1211 /2009 3:45:46 PM <br />