|
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
<br />1200.
<br />2. The inability of a person to provide the certification required below will not necessarily result in
<br />denial of participation in this covered transaction. The prospective primary tier participant shall
<br />submit an explanation of why it cannot provide the certification set out below. The certification or
<br />explanation will be considered in connection with the department or agency's determination
<br />whether to enter into this transaction. However, failure of the prospective primary tier participant to
<br />furnish a certification or an explanation shall disqualify such person from participation in this
<br />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
<br />or agency to which this proposal is submitted if at any time the prospective primary tier participant
<br />learns its certification was erroneous when submitted or has become erroneous by reason of
<br />changed circumstances.
<br />5. The terms covered transaction, civil judgment, debarment, suspension, ineligible,
<br />participant, person, principal, and voluntarily excluded, as used in this clause, are defined in
<br />2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is
<br />being submitted for assistance in obtaining a copy of those regulations.
<br />6. The prospective primary tier participant agrees by submitting this proposal that, should the
<br />proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
<br />covered 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 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
<br />9_4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
<br />knows that the certification is erroneous. A participant is responsible for ensuring that its principals
<br />are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify
<br />the 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
<br />website
<br />( https://www. sam.go1�).
<br />9. Nothing contained in the foregoing shall be construed to require establishment of a system of
<br />records 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
<br />covered transaction knowingly enters into a lower tier covered transaction with a person who is
<br />proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
<br />voluntarily excluded from participation in this transaction, in addition to other remedies available to
<br />the Federal Government, the department or agency may terminate the transaction for cause or
<br />default.
<br />CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -PRIMARY TIER
<br />COVERED TRANSACTIONS
<br />1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and
<br />9/15/2025 7:39:02 AM Page 18 of 24
<br />
|