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transaction for cause of default.
<br />d. The prospective primary participant shall provide Immediate
<br />written notice to the department or agency to whom this proposal is
<br />submitted if anytime the prospective primary participant learns that
<br />its certification was erroneous when submitted or has become
<br />erroneous by reason of changed circumstances.
<br />e. The terms "covered transaction," "debarred," "suspended,"
<br />"ineliglble," "lower tier covered transaction," "participant," "person,"
<br />'primary covered transaction," "principal,""proposal;' and 'Voluntarily
<br />excluded," as used in this clause, have the meanings set out in the
<br />Definitions and Coverage sections of rules implementing Executive
<br />Order 12549. You may contact the department or agency to which
<br />this proposal is submitted for assistance In obtaining a copy of those
<br />regulations.
<br />t. The prospective primary participant agrees by submitting this
<br />proposal that, should the proposed covered transaction be entered
<br />nto, it shall not knowingly enter Into any lower tier covered transac-
<br />tion with a person who is debarred, suspended, declared ineligible,
<br />or voluntarily excluded from participation in this covered transaction,
<br />unless authorized by the department or agency entering into this
<br />transaction,
<br />g. The prospective primary participant further agrees by
<br />submitting this proposal that it will Include the clause titled "Certifica-
<br />tion Regarding Debarment, Suspension, Ineligibility and Voluntary
<br />Exclusion -Lower Tier Covered Transaction," provided by the
<br />department or agency entering into this covered transaction, without
<br />modification, in all lower tier covered transactions and in all solicita-
<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
<br />excluded from the covered transaction, unless it knows that the
<br />certification is erroneous. A participant may decide the method and
<br />frequency by which It determines the eligibility of its principals. Each
<br />participant may, but is not required to, check the nonprocurement
<br />portion of the "Lists of Parties Excluded From Federal Procurement
<br />or Nonprocurement Programs" (Nonprocurement List) which is
<br />compiled by the General Services Administration.
<br />I. Nothing contained in the foregoing shall be construed to
<br />require establishment of a system of records In order to render In
<br />good faith the certification required by this clause. The knowledge
<br />and information of participant is not required to exceed that which is
<br />normally possessed by a prudent person in the ordinary course of
<br />business dealings.
<br />j. Except for transactions authorized under paragraph If of
<br />these instructions, if a participant in a covered transaction knowingly
<br />enters Into a lower tier covered transaction with a person who Is
<br />suspended, debarred, Ineligible, or voluntarily excluded from
<br />participation in this transaction, In addition to otherremedies available
<br />to the Federal Government, the department or agency may terminate
<br />this transaction for cause or default.
<br />certification Regarding Debarment, Suspension, Ineligibility
<br />and Voluntary Exclusion --Primary Covered Transactions
<br />1. The prospective primary participant certifies to the best of its
<br />knowledge and belief, that it and its principals:
<br />a. Are not presently debarred, suspended, proposed for
<br />debarment, declared ineligible, or voluntarily excluded from covered
<br />transactions by any Federal department or agency;
<br />b. Have not within a 3 -year period preceding this proposal
<br />been convicted of or had a civil judgement rendered against them for
<br />commission of fraud or a criminal offense in connection with obtain-
<br />ing, attemptin.9 to obtain, or performing a public (Federal, State or
<br />local) transaction or contract under a public transaction; violation of
<br />Federal or State antitrust statutes or commission of embezzlement,
<br />theft, forgery, bribery, falsification or destruction of records, making
<br />false statements, or receiving stolen property;
<br />c. Are not presently indicted for or otherwise criminally orcivilly
<br />charged by a governmental entity (Federal, State or local) with
<br />commission of any of the offenses enumerated In paragraph lb of
<br />this certification; and
<br />d. Have not within a 3 -year period preceding this applica-
<br />lionlproposal had one or more public transactions (Federal, State or
<br />local) terminated for cause or default.
<br />2. Where the prospective primary participant is unable to certify to
<br />any of the statements in this certification, such prospective participant
<br />shall attach an explanation to this proposal.
<br />2. Instructions for Certification -Lower Tier Covered Transac.
<br />tions:
<br />(Applicable to all subcontracts, purchase orders and other lower
<br />tier transactions of $25,000 or more - 49 CFR 29)
<br />a. By signing and submitting this proposal, the prospective
<br />lower tier is providing the certification set out below.
<br />b. The certification In this clause is a material representation
<br />of fact upon which reliance was placed when this transaction was
<br />entered into. If it is later determined that the prospective lower tier
<br />participant knowingly rendered an erroneous certification. in addition
<br />to other remedies available to the Federal Government, the depart-
<br />ment, or agency with which this transaction originated may pursue
<br />available remedies, including suspension and/or debarment.
<br />c. The prospective lower tier participant shall provide immedi-
<br />ate written notice to the person to which this proposal Is submitted if
<br />at any time the prospective lower tier participant learns that its
<br />certification was erroneous by reason of changed circumstances.
<br />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 />L 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 lowertier 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 j
<br />Form FHWA-1273 (Rev. 3-94) Pagel
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