CERTIFICATION REGARDING DEBARMENT,
SUSPENSION AND OTHER RESPONSIBILITY MATTERS
Certification Regarding Debarment, Suspension,
and Other Responsibility Matters--Primary Covered Transactions
Instructions for Certification
1. By signing and submitting this proposal, the prospective
primary participant is providing the certification set out below.
2. The inability of a person to provide the certification
required below will not necessarily result in denial of participation
in this covered transaction. The prospective participant shall submit
an explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection with
the department or agency's determination whether to enter into this transaction.
However, failure of the prospective primary participant to furnish a certification
or an explanation shall disqualify such person from participation in this
transaction.
3. The certification in this clause is a material representation
of fact upon which reliance was placed when the department or agency determined
to enter into this transaction. If it is later determined that the prospective
primary participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department
or agency may terminate this transaction for cause or default.
4. The prospective primary participant shall provide immediate
written notice to the department or agency to which this proposal is submitted
if at any time the prospective primary participant learns that its certification
was erroneous when submitted or has become erroneous by reason of changed
circumstances.
5. 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 the rules implementing Executive Order 12549. You
may contact the department or agency to which this proposal is being submitted
for assistance in obtaining a copy of those regulations.
6. The prospective primary 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 proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the
department or agency entering into this transaction.
7. The prospective primary participant further agrees
by submitting this proposal that it will include the clause titled ``Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower
Tier Covered Transaction,'' provided by the department or agency entering
into this covered transaction, without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
8. 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 proposed for debarment under 48 CFR part 9, subpart 9.4,
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 List of Parties Excluded from Federal Procurement and Nonprocurement
Programs.
9. 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.
10. Except for transactions authorized under paragraph
6 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is proposed
for debarment under 48 CFR part 9, subpart 9.4, 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 may terminate this transaction for cause or default.
************
Certification Regarding Debarment,
Suspension, and Other Responsibility Matters--Primary Covered Transactions
(1) The prospective primary participant certifies to the
best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded by any Federal
department or agency;
(b) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local)
transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally
or civilly charged by a governmental entity (Federal, State or local)
with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
(d) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State
or local) terminated for cause or default.
(2) Where the prospective primary participant is unable
to certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered
Transactions
Instructions for Certification
1. By signing and submitting this proposal, the prospective
lower tier participant is providing the certification set out below.
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 had 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 meaning 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, [[Page 33043]] should the proposed covered transaction
be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part
9, subpart 9.4, 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 proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from covered
transactions, 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 List of Parties Excluded from Federal Procurement and Nonprocurement
Programs.
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 proposed
for debarment under 48 CFR part 9, subpart 9.4, 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.
************
Certification Regarding Debarment,
Suspension, Ineligibility an Voluntary Exclusion--Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies,
by submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the prospective lower tier participant is unable
to certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.