Certification Regarding Debarment, Suspension, and Other Responsibility Matters

  1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out on the reverse.
  2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is
    later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to
    the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension
    and/or debarment.
  3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the
    prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
    circumstances.
  4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered
    transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage
    sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining
    a copy of those regulations.
  5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not
    knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from
    participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
  6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled, "Certification Regarding
    Debarment, Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered
    transactions and in all solicitations for lower tier covered transactions.
  7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not
    debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A
    participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to
    check the Nonprocurement List.
  8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification
    required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent
    person in the ordinary course of business dealings.
  9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier
    covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to
    other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available
    remedies, including suspension and/or debarment.

 

 

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