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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 />incl it ounce 13 — 19 10/18/2022 <br />8/25/2022 11:49:22 AM Page 16 of 17 <br />