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I. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies,
<br /> require the establishment of a system of records in order to including suspension and/or debarment.
<br /> render in good faith the certification required by this clause.
<br /> The knowledge and information of the prospective participant c. The prospective lower tier participant shall provide
<br /> is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is
<br /> a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant
<br /> leams that its certification was erroneous by reason of
<br /> j. Except for transactions authorized under paragraph (f) of changed circumstances.
<br /> these instructions, if a participant in a covered transaction
<br /> knowingly enters into a lower tier covered transaction with a d. The terms "covered transaction," "debarred,"
<br /> person who is suspended, debarred, ineligible, or voluntarily "suspended," "ineligible," "participant," "person," "principal,"
<br /> excluded from participation in this transaction, in addition to and "voluntarily excluded," as used in this clause, are defined
<br /> other remedies available to the Federal Government, the in 2 CFR Parts 180 and 1200. You may contact the person to
<br /> department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a
<br /> or default. copy of those regulations. "First Tier Covered Transactions"
<br /> refers to any covered transaction between a grantee or
<br /> * * * * * subgrantee of Federal funds and a participant (such as the
<br /> prime or general contract). "Lower Tier Covered Transactions"
<br /> 2. Certification Regarding Debarment, Suspension, refers to any covered transaction under a First Tier Covered
<br /> Ineligibility and Voluntary Exclusion — First Tier Transaction (such as subcontracts). "First Tier Participant"
<br /> Participants: refers to the participant who has entered into a covered
<br /> transaction with a grantee or subgrantee of Federal funds
<br /> a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier
<br /> its knowledge and belief, that it and its principals: Participant" refers any participant who has entered into a
<br /> covered transaction with a First Tier Participant or other Lower
<br /> ( 1 ) Are not presently debarred, suspended, proposed for Tier Participants (such as subcontractors and suppliers).
<br /> debarment, declared ineligible, or voluntarily excluded from
<br /> participating in covered transactions by any Federal as The prospective lower tier participant agrees by
<br /> department or agency; submitting this proposal that, should the proposed covered
<br /> transaction be entered into, it shall not knowingly enter into
<br /> (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is
<br /> proposal been convicted of or had a civil judgment rendered debarred, suspended, declared ineligible, or voluntarily
<br /> against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction, unless
<br /> connection with obtaining, attempting to obtain, or performing authorized by the department or agency with which this
<br /> a public (Federal, State or local) transaction or contract under transaction originated .
<br /> a public transaction; violation of Federal or State antitrust
<br /> statutes or commission of embezzlement, theft, forgery, f. The prospective lower tier participant further agrees by
<br /> bribery, falsification or destruction of records, making false submitting this proposal that it will include this clause titled
<br /> statements, or receiving stolen property; "Certification Regarding Debarment, Suspension, Ineligibility
<br /> and Voluntary Exclusion-Lower Tier Covered Transaction,"
<br /> (3) Are not presently indicted for or otherwise criminally or without modification, in all lower tier covered transactions and
<br /> civilly charged by a governmental entity (Federal, State or in all solicitations for lower tier covered transactions exceeding
<br /> local) with commission of any of the offenses enumerated in the $25,000 threshold .
<br /> paragraph (a)(2) of this certification; and
<br /> g . A participant in a covered transaction may rely upon a
<br /> (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered
<br /> application/proposal had one or more public transactions transaction that is not debarred , suspended, ineligible, or
<br /> (Federal, State or local) terminated for cause or default. voluntarily excluded from the covered transaction, unless it
<br /> knows that the certification is erroneous. A participant is
<br /> b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended ,
<br /> any of the statements in this certification, such prospective debarred, or otherwise ineligible to participate in covered
<br /> participant shall attach an explanation to this proposal . transactions. To verify the eligibility of its principals, as well as
<br /> the eligibility of any lower tier prospective participants, each
<br /> 2 . Instructions for Certification to Lower Tier Participants: participant may, but is not required to, check the Excluded
<br /> Parties List System website (httus:/lwww.enis.gov/l, which is
<br /> (Applicable to all subcontracts, purchase orders and other compiled by the General Services Administration.
<br /> lower tier transactions requiring prior FHWA approval or
<br /> estimated to cost $25,000 or more to 2 CFR Parts 180 and h. Nothing contained in the foregoing shall be construed to
<br /> 1200) require establishment of a system of records in. order to render
<br /> in good faith the certification required by this clause. The .
<br /> a. By signing and submitting this proposal, the prospective knowledge and information of participant is not required to
<br /> lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person
<br /> in the ordinary course of business dealings.
<br /> b. The certification in this clause is a material representation
<br /> of fact upon which reliance was placed when this Vansaction i. Except for transactions authorized under paragraph a of
<br /> was entered into. If it is later determined that the prospective these instructions, if a participant in a covered transaction
<br /> lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a
<br /> certification, in addition to other remedies available to the person who is suspended, debarred, ineligible, or voluntarily
<br /> Federal Government, the department, or agency with which excluded from participation in this transaction, in addition to
<br /> other remedies available to the Federal Government, the
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