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COOPERATIVE AGREEMENT NO. C -5 -3583 <br />EXHIBIT D <br />ARTICLE 19. DEBARMENT & SUSPENSION: <br />CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY <br />MATTERS - PRIMARY PARTICIPANT AND LOWER -TIER PARTICIPANTS <br />Unless otherwise permitted by law, any person or firm that is debarred, suspended, or <br />voluntarily excluded, as defined in the Federal Transit Administration (FTA) Circular 2015.1, dated <br />April 28, 1989, may not take part in any federally funded transaction, either as a participant or a <br />principal, during the period of debarment, suspension, or voluntary exclusion. Accordingly, the <br />Authority, acting on behalf of the District, may not enter into any transaction with such debarred, <br />suspended, or voluntarily excluded persons or firms during such period. <br />A certification process has been established by 49 CFR Part 29, as a means to'ensure that <br />debarred suspended or voluntarily excluded persons or firms do not participate in Federally assisted <br />projects. The inability to provide the required certification will not necessarily result in denial of <br />participation in a covered transaction. A person orfirm that is unable to provide a positive certification <br />as required by this solicitation must submit a complete explanation attached to the certification. FTA <br />will consider the certification and any accompanying explanation in determining whether or not to <br />provide assistance for the project. Failure to furnish a certification or an explanation may disqualify <br />that person or firm from participating in the project. <br />The following additional provisions apply to all - purchases- over $100,000: -- -- <br />ARTICLE 20. DISPUTES <br />A. Except as otherwise provided in this Agreement, any dispute concerning a question of <br />fact arising under this Agreement which is not disposed of by supplemental agreement shall be <br />decided by AUTHORITY's Director, Contracts Administration and Materials Management (CAMM), <br />who shall reduce the decision to writing and mail or otherwise furnish a copythereofto CONSULTANT. <br />The decision of the Director, CAMM, shall be final and conclusive. <br />B. The provisions of this Article shall not be pleaded in any suit involving a question of fact <br />arising under this Agreement as limiting judicial review of any such decision to cases where fraud by <br />such official or his representative or board is alleged, provided, however, that any such decision shall <br />be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous <br />as necessarily to imply bad faith or is not supported by substantial evidence. In connection with any <br />appeal proceeding under this Article, CONSULTANT shall be afforded an opportunity to be heard and <br />to offer evidence in support of its appeal. <br />C. Pending final decision of a dispute hereunder, CONSULTANT shall proceed diligently <br />with the performance of this Agreement and in accordance with the decision of AUTHORITY's <br />Director, CAMM. This "Disputes" clause does not preclude consideration of questions of law in <br />connection with decisions provided for above. Nothing in this Agreement, however, shall be construed <br />Exhibit D <br />25641 <br />L: \Camm\ CLERICAL\ WORDPROCWGREEWAG53583_corrected 2016.04.27.docx <br />