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r <br /> Certification B: Certification Regarding Debarment, Suspension, ineli- <br /> gibility and Voluntary Exclusion - Lower Tier Covered Transactions <br /> 1 . The prospective lower tier participant certifies, by submission of 5 . The prospective lower tier participant agrees <br /> by submitting this <br /> this proposal, that neither it nor its principals is presently debarred, proposal that, should the proposed covered transaction be entered <br /> into, <br /> suspended, proposed for debarment, declared ineligible, or voluntarily it shall not knowingly enter into any lower tier covered transaction <br /> excluded from participation in this transaction by any Federal depart- with a person who is debarred, suspended, declared <br /> ineligible, or <br /> ment or agency. voluntarily excluded from participation in this covered transaction, <br /> 2 . Where the prospective lower tier participant is unable to certify to unless authorized by the department or agency with which <br /> this trans- <br /> action originated <br /> any of the statements in this certification, such prospective participant <br /> shall attach an explanation to this proposal. 6. The prospective lower tier participant further agrees by submitting <br /> instructions for Certification (B) this proposal that it will include this clause titled "Certification <br /> Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu- <br /> 1 . By signing and submitting this proposal, the prospective lower tier sion - Lower Tier Covered Transaction," without modification, <br /> in all <br /> participant is providing the certification set out below. lower tier covered transactions and in all solicitations for <br /> lower tier <br /> 2 . The certification in this clause is a material representation of fact covered transactions. <br /> upon which reliance was placed when this transaction was entered into. 7. A participant in a covered transaction may rely upon a certification <br /> If it is later determined that the prospective lower tier participant of a prospective participant in a lower tier covered <br />transaction that it <br /> knowingly rendered an erroneous certification, in addition to other is not debarred, suspended, ineligible, or voluntarily excluded <br />from the <br /> remedies available to the Federal Government, the department or covered transaction, unless it knows that the certification is erroneous <br />. <br /> agency with which this transaction originated may pursue available A participant may decide the method and frequency by <br /> which it <br /> remedies, including suspension and/or debarment. determines the eligibility of its principals. Each participant may, but <br /> 3 . The prospective lower tier participant shall provide immediate is not required to, check the Nonprocurement List. <br /> written notice to the person to which this proposal is submitted if at any 8 . Nothing contained in the foregoing shall be construed to <br /> require <br /> time the prospective lower tier participant learns that its certification establishment of a system of records in order to render in good faith <br /> the <br /> was erroneous when submitted or has become erroneous by reason of certification required by this clause. The knowledge and information <br /> changed circumstances . of a participant is not required to exceed that which is normally <br /> possessed by a prudent person in the ordinary course of business <br /> 4. The terms covered transaction, debarred, suspended, inellgible, dealings <br /> lower tier covered transaction, participant, person, primary cov- <br /> ered transaction, principal, proposal, and voluntarily excluded, as 9. Except for transactions authorized under paragraph (5) of <br /> these <br /> used in this clause, have the meanings set out in the Definitions and instructions, if a participant in a lower covered transaction <br /> knowingly <br /> Coverage sections of rules implementing Executive Order 12549 . You enters into a lower tier covered transaction with a person <br /> who is <br /> may contact the person to which this proposal is submitted for assis- suspended, debarred, ineligible, or voluntarily excluded from <br /> partici- <br /> tance in obtaining a copy of these regulations. pation in this transaction, in addition to other remedies available to the <br /> Federal Government, the department or agency with which this trans- <br /> action originated may pursue available remedies including suspension <br /> and/or debarment. <br /> Applicant - Date <br /> INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS July 13 , 2004 <br /> Signature of Authorized Certifying O cial Title <br /> Caroline D . Ginn 40F Page 2 of 2 form HUD-2992 (3/98) <br />