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Instructions for Primary Tier Participant Certification (States)
<br />1. By signing and submitting this proposal, the prospective primary tier participant is providing the
<br />certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
<br />2. The inability of a person to provide the certification required below will not necessarily result in denial
<br />of participation in this covered transaction. The prospective primary tier participant shall submit an
<br />explanation of why it cannot provide the certification set out below. The certification or explanation will
<br />be considered in connection with the department or agency's determination whether to enter into this
<br />transaction. However, failure of the prospective primary tier participant to furnish a certification or an
<br />explanation shall disqualify such person from participation in this transaction.
<br />3. The certification in this clause is a material representation of fact upon which reliance was placed
<br />when the department or agency determined to enter into this transaction. If it is later determined that
<br />the prospective primary tier participant knowingly rendered an erroneous certification, in addition to
<br />other remedies available to the Federal Government, the department or agency may terminate this
<br />transaction for cause or default or may pursue suspension or debarment.
<br />4. The prospective primary tier participant shall provide immediate written notice to the department or
<br />agency to which this proposal is submitted if at any time the prospective primary tier participant learns
<br />its certification was erroneous when submitted or has become erroneous by reason of changed
<br />circumstances.
<br />5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
<br />principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
<br />You may contact the department or agency to which this proposal is being submitted for assistance in
<br />obtaining a copy of those regulations.
<br />6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed
<br />covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction
<br />with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
<br />suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
<br />unless authorized by the department or agency entering into this transaction.
<br />7. The prospective primary tier participant further agrees by submitting this proposal that it will include
<br />the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification
<br />Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered
<br />Transaction," provided by the department or agency entering into this covered transaction, without
<br />modification, in all lower tier covered transactions and in all solicitations for lower tier covered
<br />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
<br />lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
<br />debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows
<br />that the certification is erroneous. A participant is responsible for ensuring that its principals are not
<br />suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the
<br />eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each
<br />participant may, but is not required to, check the System for Award Management Exclusions website
<br />(https•//www.sam.aov/).
<br />9. Nothing contained in the foregoing shall be construed to require establishment of a system of records
<br />in order to render in good faith the certification required by this clause. The knowledge and
<br />information of a participant is not required to exceed that which is normally possessed by a prudent
<br />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 proposed for
<br />debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded
<br />from participation in this transaction, in addition to other remedies available to the Federal government,
<br />the department or agency may terminate the transaction for cause or default.
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<br />(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its
<br />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 />(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
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