|
transaction for cause of default. Certification Regarding Debarment, Suspension , Ineligibility
<br /> d . The prospective primary participant shall provide immediate and Voluntary Exclusion--Primary Covered Transactions
<br /> written notice to the department or agency to whom this proposal is 1 . The prospective primary participant certifies to the best
<br /> of its
<br /> submitted if any time the prospective primary participant learns that knowledge and belief, that it and its principals :
<br /> its certification was erroneous when submitted or has become
<br /> erroneous by reason of changed circumstances . a . Are not presently debarred , suspended , proposed for
<br /> debarment, declared ineligible , or voluntarily excluded from covered
<br /> e . The terms "covered transaction , " "debarred , " "suspended , " transactions by any Federal department or agency ;
<br /> " ineligible , " " lower tier covered transaction , " " participant, " " person , "
<br /> " primary covered transaction , " "principal , " "proposal , " and "voluntarily b . Have not within a 3-year period preceding this proposal
<br /> excluded , " as used in this clause , have the meanings set out in the been convicted of or had a civil judgement rendered against them for
<br /> Definitions and Coverage sections of rules implementing Executive commission of fraud or a criminal offense in connection with obtain-
<br /> Order 12549. You may contact the department or agency to which ing , attempting to obtain , or performing a public ( Federal , State
<br /> or
<br /> this proposal is submitted for assistance in obtaining a copy of those local ) transaction or contract under a public transaction ; violation
<br /> of
<br /> regulations . Federal or State antitrust statutes or commission of embezzlement,
<br /> theft, forgery, bribery, falsification or destruction of records , making
<br /> f. The prospective primary participant agrees by submitting this false statements , or receiving stolen property;
<br /> proposal that, should the proposed covered transaction be entered
<br /> into , it shall not knowingly enter into any lower tier covered transac- c. Are not presently indicted for or otherwise criminally or civilly
<br /> tion with a person who is debarred , suspended , declared ineligible , charged by a governmental entity ( Federal , State
<br /> or local ) with
<br /> or voluntarily excluded from participation in this covered transaction , commission of any of the offenses enumerated in paragraph lb
<br /> of
<br /> unless authorized by the department or agency entering into this this certification ; and
<br /> transaction .
<br /> d . Have not within a 3-year period preceding this applica-
<br /> g . The prospective primary participant further agrees by tion/proposal had one or more public transactions ( Federal , State
<br /> or
<br /> submitting this proposal that it will include the clause titled "Certifica- local ) terminated for cause or default.
<br /> tion Regarding Debarment, Suspension , Ineligibility and Voluntary
<br /> Exclusion-Lower Tier Covered Transaction , " provided by the 2 . Where the prospective primary participant is unable
<br /> to certify to
<br /> department or agency entering into this covered transaction , without any of the statements in this certification , such prospective participant
<br /> modification , in all lower tier covered transactions and in all solicita- shall attach an explanation to this proposal .
<br /> tions for lower tier covered transactions .
<br /> h . A participant in a covered transaction may rely upon a
<br /> certification of a prospective participant in a lower tier covered
<br /> transaction that is not debarred , suspended , ineligible, or voluntarily 2 . Instructions for Certification - Lower Tier Covered Transac-
<br /> excluded from the covered transaction , unless it knows that the tions :
<br /> certification is erroneous. A participant may decide the method and
<br /> frequency by which it determines the eligibility of its principals . Each (Applicable to all subcontracts , purchase orders and other
<br /> lower
<br /> participant may, but is not required to , check the nonprocurement tier transactions of $ 25 , 000 or more - 49 CFR 29)
<br /> portion of the " Lists of Parties Excluded From Federal Procurement
<br /> or Nonprocurement Programs" ( Nonprocurement List) which is a . By signing and submitting this proposal , the prospective
<br /> compiled by the General Services Administration . lower tier is providing the certification set out below.
<br /> i . Nothing contained in the foregoing shall be construed to b . The certification in this clause is a material representation
<br /> require establishment of a system of records in order to render in of fact upon which reliance was placed when this transaction
<br /> was
<br /> good faith the certification required by this clause. The knowledge entered into . If it is later determined that the prospective
<br /> lower tier
<br /> and information of participant is not required to exceed that which is participant knowingly rendered an erroneous certification , in addition
<br /> normally possessed by a prudent person in the ordinary course of to other remedies available to the Federal Government, the depart-
<br /> business dealings . ment, or agency with which this transaction originated may pursue
<br /> j . Except for transactions authorized under paragraph f of available remedies , including suspension and/or debarment.
<br /> these instructions , if a participant in a covered transaction knowingly c. The prospective lower tier participant shall provide immedi-
<br /> enters into a lower tier covered transaction with a person who is ate written notice to the person to which this proposal
<br /> is submitted if
<br /> suspended , debarred , ineligible , or voluntarily excluded from at any time the prospective lower tier participant
<br /> learns that its
<br /> participation in this transaction , in addition to otherremedies available certification was erroneous by reason of changed circumstances .
<br /> to the Federal Government, the department or agency may terminate
<br /> this transaction for cause or default. d . The terms "covered transaction , " "debarred , " "suspended , "
<br /> "ineligible , " "primary covered transaction , " "participant, " " person , '
<br /> " principal , " "proposal , " and "voluntarily excluded , " as used in this
<br /> clause , have the meanings set out in the Definitions and Coverage
<br /> sections of rules implementing Executive Order 12549. You may
<br /> contact the person to which this proposal is submitted for assistance
<br /> in obtaining a copy of those regulations .
<br /> e . The prospective lower tier participant agrees by submitting
<br /> this proposal that, should the proposed covered transaction be
<br /> entered into , it shall not knowingly enter into any lower tier covered
<br /> transaction with a person who is debarred , suspended , declared
<br /> ineligible , or voluntarily excluded from participation in this covered
<br /> transaction , unless authorized by the department or agency with
<br /> which this transaction originated .
<br /> f. The prospective lower tier participant further agrees by
<br /> submitting this proposal that it will include this clause titled "Certifica-
<br /> tion Regarding Debarment, Suspension , Ineligibility and Voluntary
<br /> Exclusion -Lower Tier Covered Transaction , " without modification , in
<br /> all lower tier covered transactions and in all solicitations for lower tier
<br /> covered transactions .
<br /> g . A participant in a covered transaction may rely upon a
<br /> certification of a prospective participant in a lower tier covered
<br /> transaction that is not debarred , suspended , ineligible, or voluntarily
<br /> excluded from the covered transaction , unless it knows that the
<br /> certification is erroneous . A participant may decide the method and
<br /> Form FHWA- 1273 ( Rev. 3-94 ) Page 7
<br />
|