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575-060-13
<br />RIGHT OF WAY
<br />05/01
<br />Page 3 of 3
<br />REQUIRED CONTRACT PROVISIONS
<br />This certification applies to subcontractors, material suppliers, vendors and other lower tier participants.
<br />- Appendix B of 49 CFR Part 29 –
<br />Appendix B—Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered
<br />Transactions
<br />Instructions for Certification
<br />1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
<br />out below.
<br />2. The certification in this clause is a material representation of fact upon which reliance was placed when this
<br />transaction was entered. If it is later determined that the prospective lower tier participant knowingly rendered an
<br />erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with
<br />which this transaction originated may pursue available remedies, including suspension and/or debarment.
<br />3. The prospective lower tier participant shall provide immediate written notice to the person to which this
<br />proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when
<br />submitted or has become erroneous by reason of changed circumstances. .
<br />4. The terms "covered transaction," "debarred," "suspended," "ineligible," 'lower tier covered transaction,"
<br />"participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this
<br />clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
<br />You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
<br />5. The prospective lower tier participant agrees by submitting this proposal that it shall not knowingly enter into
<br />any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
<br />from participation in this covered transaction, unless authorized by the department or agency with which this transaction
<br />originated.
<br />6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause
<br />titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered
<br />Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
<br />transactions.
<br />7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
<br />covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction,
<br />unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it
<br />determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.
<br />8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
<br />order to render in good faith the certification required by this clause. The knowledge and information of a participant is not
<br />required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
<br />9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
<br />transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or
<br />voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal
<br />Government, the department or agency with which this transaction originated may pursue available remedies, including
<br />suspension and/or debarment.
<br />Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions
<br />(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals
<br />is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in
<br />this transaction by any Federal department or agency.
<br />(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
<br />such prospective participant shall attach an explanation to this proposal.
<br />00472-3
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