|
2. The inability of a person to provide the certification required below will not necessarily result in denial of
<br />participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it
<br />cannot provide the certification set out below. The certification or explanation will be considered in connection with
<br />the department or agency's determination whether to enter into this transaction. However, failure of the prospective
<br />primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this
<br />transaction.
<br />3. The certification in this clause is a material representation of fact upon which reliance was placed when the
<br />department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier
<br />participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
<br />Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or
<br />debarment.
<br />4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which
<br />this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous
<br />when submitted or has become erroneous by reason of changed circumstances.
<br />5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and
<br />voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or
<br />agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
<br />6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered
<br />transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
<br />proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
<br />excluded from participation in this covered transaction, unless authorized by the department or agency entering into
<br />this transaction.
<br />7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled
<br />"Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension,
<br />Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," provided by the department or agency
<br />entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations
<br />for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
<br />8. 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 proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended,
<br />ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A
<br />participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to
<br />participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
<br />prospective lower tier participants, each participant may, but is not required to, check the System for Award
<br />Management Exclusions website (httns://www.saui..=ov/).
<br />9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
<br />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 />10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
<br />transaction knowingly enters into a lower tier covered transaction with a person who is
<br />proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
<br />participation in this transaction, in addition to other remedies available to the Federal government, the department or
<br />agency may terminate the transaction for cause or default.
<br />Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Tier
<br />Covered Transactions
<br />(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
<br />(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
<br />excluded from participating in covered transactions by any Federal department or agency;
<br />8/21/2019 10:44:53 AM Page 15 of 17
<br />
|