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Certification Regarding U.S. Department of Housing
<br /> Debarment and Suspension and urban Development
<br /> Certification A: Certification Regarding Debarment, Suspension, and
<br /> Other Responsibility Matters - Primary Covered Transactions
<br /> 1 . The prospective primary participant certifies to the best of its knowl- 4. The prospective primary participant shall provide immediate
<br /> writ-
<br /> edge and belief that its principals; ten notice to the department or agency to whom this proposal is
<br /> a. Are not presently debarred, suspended, proposed for debarment, submitted if at any time the prospective primary participant learns that
<br /> declared ineligible, or voluntarily excluded from covered transactions its certification was erroneous when submitted or has become errone-
<br /> by any Federal debarment or agency; ous by reason of changed circumstances.
<br /> b. Have not within a three-year period preceding this proposal, 5 . The terms covered transaction, debarred, suspended, ineligible,
<br /> been convicted of or had a civil judgment rendered against them for lower tier covered transaction, participant, person, primary cov-
<br /> commission of fraud or a criminal offense in connection with obtain- ered transaction, principal, proposal, and voluntarily excluded, as
<br /> ing, attempting to obtain, or performing a public (Federal, State, or used in this clause, have the meanings set out in
<br />the Definitions and
<br /> local) transaction or contract under a public transaction; violation of Coverage sections of the rules implementing Executive Order 12549
<br />.
<br /> Federal or State antitrust statutes or commission of embezzlement, theft, You may contact the department or agency to which this proposal
<br /> is
<br /> forgery, bribery, falsification, or destruction of records, makipg false being submitted for assistance in obtaining a copy of these
<br /> regulations.
<br /> statements, or receiving stolen property; 6 . The prospective primary participant agrees by submitting this
<br /> c . Are not presently indicted for or otherwise criminally or civilly proposal that, should the proposed covered transaction be entered into ,
<br /> charged by a governmental entity (Federal, State, or local) with it shall not knowingly enter into any lower tier
<br /> covered transaction
<br /> commission of any of the offenses enumerated in paragraph ( 1 )(13) of with a person who is debarred, suspended, declared
<br /> ineligible, or
<br /> this certification; and voluntarily excluded from participation in this covered transaction,
<br /> unless authorized by the department or agency entering into this
<br /> d. Have not within a three-year period preceding this application/ transaction.
<br /> proposal had one or more public transactions (Federal, State, or local)
<br /> terminated for cause or default. 7. The prospective primary participant further agrees by submitting
<br /> this proposal that it will include the clause titled "Certification
<br /> 2. Where the prospective primary participant is unable to certify to Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu-
<br /> any of the statements in this certification, such prospective participant sion - Lower Tier Covered Transaction," provided by the department
<br /> shall attach an explanation to this proposal. or agency entering into this covered transaction, without modification,
<br /> Instructions for Certification (A) in all lower tier covered transactions and in all solicitations for lower
<br /> tier covered transactions.
<br /> 1 . By signing and submitting this proposal, the prospective primary
<br /> participant is providing the certification set out below. 8 . A participant in a covered transaction may rely upon a certification
<br /> of a prospective participant in a lower tier covered transaction that it
<br /> 2 . The inability of a person to provide the certification required below is not debarred, suspended, ineligible, or voluntarily excluded from the
<br /> will not necessarily result in denial of participation in this covered covered transaction, unless it knows that the certification
<br /> is erroneous.
<br /> transaction. The prospective participant shall submit an explanation A participant may decide the method and frequency
<br /> by which it
<br /> of why it cannot provide the certification set out below. The certifi- determines this eligibility of its principals. Each participant
<br /> may, but
<br /> cation or explanation will be considered in connection with the is not required to, check the Nonprocurement List.
<br /> department or agency' s determination whether to enter into this
<br /> transaction. However, failure of the prospective primary participant to 9. Nothing contained in the foregoing shall construed to require
<br /> render in good faith the
<br /> furnish a certification or an explanation shall disqualify such person establishment of a system of records in order to r
<br /> from participation in this transaction. certification required by this clause. The knowledge and information
<br /> of a participant is not required to exceed that which is normally
<br /> 3 . The certification in this clause is a material representation of fact possessed by a prudent person in the ordinary
<br /> course of business
<br /> upon which reliance was place when the department or agency deter- dealings .
<br /> mined to enter into this transaction. If it is later determined that the
<br /> prospective primary participant knowingly reordered an erroneous 10. Except for transactions authorized under paragraph (6) of these
<br /> certification, in addition to other remedies available to the Federal instructions, if a participant in a covered transaction knowingly
<br /> enters
<br /> Government, the department or agency may terminate this transaction thio a lower tier covered transaction with a person who is suspended,
<br /> for cause of default. debarred, ineligible , or voluntarily excluded from participation in this
<br /> transaction, in addition to other remedies available to the Federal
<br /> Government, the department or agency may terminate this transaction
<br /> for cause of default.
<br /> Page 1 of 2 form HUD-2992 (3198)
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