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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. You may
<br />contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of
<br />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
<br />who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
<br />voluntarily excluded from participation in this covered transaction, unless authorized by the department or
<br />agency entering into this transaction.
<br />7. The prospective primary 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," provided by
<br />the department or agency entering into this 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
<br />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,
<br />suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
<br />is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
<br />otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
<br />eligibility of any prospective lower tier participants, each participant may, but is not required to, check the
<br />System for Award Management Exclusions website (https://www.sam.gov/).
<br />9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
<br />order to render in good faith the certification required by this clause. The knowledge and information of a
<br />participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
<br />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 debarment
<br />under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
<br />this transaction, in addition to other remedies available to the Federal government, the department or agency
<br />may terminate the transaction for cause or default.
<br />Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Tier Covered
<br />Transactions
<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 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
<br />rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
<br />obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;
<br />violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
<br />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 entity (Federal,
<br />State 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 />20D-17
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