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<br /> 4. The terms covered transaction, *debarred," "suspended," "ineligible," "lower tier covered transaction."
<br /> "participant." "person," "primary covered transaction: 'principal," "proposal,' and "voluntarily excluded,"
<br /> as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Pan
<br /> 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of
<br /> those regulations.
<br /> i. The prospective lower tier participant agrees by submining this proposal that, should the proposed
<br /> covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction
<br /> with a person who is proposed for debarment under 43 CFR Part9, subpart 9.4, debarred, suspended,
<br /> declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
<br /> authorized by the department or agency with which this transaction originated.
<br /> _ 6. The prospective lower tier participant further agrees by submitting this proposal that is it will include
<br /> this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -
<br /> Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all
<br /> solicitations for lower tier covered transactions. (See below)
<br /> 7. 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 9.4,
<br /> debarred, suspended, ineligiblc, or voluntarily excluded from the covered transaction, unless it knows that
<br /> the certifcanion is erroneous. A participant may decide the method and frequency by which it determines
<br /> the eligibility of its principals. Each participant may, but is not required to, check the List of Parties
<br /> Excluded from Federal Procurement and Yon-proeurrnent List
<br /> 3. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
<br /> order to render in good faith the certification required by this clause. The knowledge and information of a
<br /> participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
<br /> course of business dealings.
<br /> 9. Except for transactions authorized under paragraph i of these instructions, if a participant in a covered
<br /> transaction knowingly enters into a lower tier covered transaction with a person who is proposed for
<br /> debarment under 43 CFR Pan 9, subpart 9 .4, suspended, debarred, ineligible, or voluntarily excluded from
<br /> participation in this trannction, in addition to other remedies available to the Federal government, the
<br /> department or agency ,ith which this transaction originated may pursue available remedies, including
<br /> suspension and/or debarment.
<br /> IX. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lotxer Tier Covered
<br /> Transactions
<br /> 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
<br /> principals is presently debarred, suspended, proposed for debarmenL. declared ineligible, or voluntarily
<br /> excluded from participation in this transaction by any Federal department or agency.
<br /> 2. Where the prospective lower tier participant is unable to certify to any of the statements in this
<br /> certification, such prospective participants shall anaeh an explanation to this proposal.
<br /> X. Nlinority Business Enterprise Requircmenis
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<br /> It is the policy of the Department of Transportation that minority business enterprises, as defined in 49
<br /> CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or
<br /> in part with Federal funds under this agreement. Consequently, the NIBE requirements of 49 CFR Part 23 apply to
<br /> this aercmcnt.
<br /> The recipient or its contractor agrees to ensure that minority business enterprises as defmcd in 49 CFR Part
<br /> 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole
<br /> or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all
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