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(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered
<br />against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
<br />performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal
<br />or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
<br />records, making false statements, or receiving stolen property;
<br />(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State
<br />or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
<br />(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
<br />(Federal, State, or local) terminated for cause or default.
<br />(2) Where the prospective primary 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 />Instructions for Lower Tier Participant Certification
<br />1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
<br />below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
<br />2. The certification in this clause is a material representation of fact upon which reliance was placed when this
<br />transaction was entered into. 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 or debarment.
<br />3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is
<br />submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted
<br />or has become erroneous by reason of changed circumstances.
<br />4. 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.
<br />You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those
<br />regulations.
<br />5. The prospective lower 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 with which this
<br />transaction originated.
<br />6. The prospective lower 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," without modification, in all lower tier
<br />covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants
<br />to comply with 2 CFR parts 180 and 1200.
<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 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 (httos://www.sam.gov/).
<br />8. 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
<br />of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course
<br />of business dealings.
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