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rendered against them for commission of fraud or a criminal offense in connection with obtaining,
<br />attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public
<br />transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
<br />bribery, falsification or destruction of records, making false statements, or receiving stolen property;
<br />(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
<br />entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph
<br />(1)(b) of this certification; and
<br />(d) Have not within a three-year period preceding this application/proposal had one or more public
<br />transactions (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
<br />certification, 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
<br />certification set out 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
<br />when this transaction was entered into. If it is later determined that the prospective lower tier participant
<br />knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
<br />government, the department or agency with which this transaction originated may pursue available
<br />remedies, including suspension or debarment.
<br />3. The prospective lower tier participant shall provide immediate written notice to the person to which
<br />this proposal is submitted if at any time the prospective lower tier participant learns that its
<br />certification was erroneous when submitted or has become erroneous by reason of changed
<br />circumstances.
<br />4. 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 person to whom this proposal is submitted for assistance in obtaining a copy of
<br />those regulations.
<br />5. The prospective lower 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
<br />transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
<br />debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
<br />transaction, unless authorized by the department or agency with which this transaction originated.
<br />6. The prospective lower tier participant further agrees by submitting this proposal that it will include the
<br />clause titled 'Instructions for Lower Tier Participant Certification" including the "Certification Regarding
<br />Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction,"
<br />without 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 />7. 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.gov/).
<br />8. 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 />9. Except for transactions authorized under paragraph 5 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 with which this transaction originated may pursue available remedies,
<br />including suspension or debarment.
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