|
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 agency
<br />entering into this transaction.
<br />7. The Grantee Agency Official further agrees by submitting this grant agreement that it will include the clause titled
<br />"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
<br />Transaction," provided by the department or agency entering into this covered transaction, without modification,
<br />in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
<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, suspended,
<br />ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.
<br />A participant may decide the method and frequency by which it determines the eligibility of its principals. Each
<br />participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non -
<br />procurement Programs.
<br />9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
<br />render in good faith the certification required by this clause. The knowledge and information of a participant is
<br />not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
<br />dealings.
<br />10. Except for transactions authorized under paragraph 6 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
<br />CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this
<br />transaction, in addition to other remedies available to the Federal Government, the department or agency may
<br />terminate this transaction for cause or default.
<br />Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions
<br />1. The Grantee Agency Official certifies to the best of its knowledge and belief, that its principals:
<br />a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
<br />by any Federal department or agency;
<br />b. Have not within a three-year period preceding this grant agreement 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
<br />to 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 record, 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/grant agreement had one or more public
<br />transactions (Federal, State, or local) terminated for cause or default.
<br />2. Where the Grantee Agency Official is unable to certify to any of the Statements in this certification, such
<br />prospective participant shall attach an explanation to this grant agreement.
<br />Instructions for Lower Tier Certification
<br />1. By signing and submitting this grant agreement, the prospective lower tier participant is providing the
<br />certification set out below.
<br />2. The certification in this clause is a material representation of fact upon which reliance was placed when this
<br />transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
<br />rendered an erroneous certification, in addition to other remedies available to the Federal government, the
<br />department or agency with which this transaction originated may pursue available remedies, including suspension
<br />and/or debarment.
<br />3. The prospective lower tier participant shall provide immediate written notice to the person to which this grant
<br />agreement is submitted if at any time the prospective lower tier participant learns that its certification was
<br />erroneous when submitted or has become erroneous by reason of changed circumstances.
<br />4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
<br />person, prinomy covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause,
<br />have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person
<br />to whom this grant agreement is submitted for assistance in obtaining a copy of those regulations.
<br />5. The prospective lower tier participant agrees by submitting this grant agreement that, should the proposed covered
<br />transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who
<br />is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or
<br />8/8/2017 8:42:19 AM 20A_1 5 Page 13 of 14
<br />
|