|
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 excluded
<br />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 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
<br />Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
<br />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 entity (Federal,
<br />State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification;
<br />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, such
<br />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 below
<br />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 transaction was
<br />entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
<br />certification, in addition to other remedies available to the Federal Government, the department or agency with which this
<br />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
<br />submitted 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. You may contact the person to
<br />whom this proposal is submitted for assistance in obtaining a copy of those regulations.
<br />5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
<br />entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for
<br />debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
<br />participation in this covered transaction, unless authorized by the department or agency with which this transaction
<br />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 covered
<br />transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply
<br />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 covered
<br />transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or
<br />voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is
<br />responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered
<br />transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants,
<br />each participant may, but is not required to, check the System for Award Management Exclusions website
<br />( https:llwww.sam.govl).
<br />8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
<br />good faith the certification required by this clause. The knowledge and information of a participant is not required to
<br />exceed that which is normally possessed by a prudent 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 transaction
<br />knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9,
<br />subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to
<br />other remedies available to the Federal Government, the department or agency with which this transaction originated may
<br />pursue available remedies, including suspension or debarment.
<br />CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —
<br />LOWER TIER COVERED TRANSACTIONS
<br />The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently
<br />debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered
<br />tran qr I e era department or agency. 25 — 19 11 /21 /2023
<br />9/27/2023 9: �yy�3 age 17 of 21
<br />
|