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<br /> <br /> <br /> <br /> <br /> 4. The terms covered transaction, 'debarred," "suspended." -intligiblt," "lowc 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 Coverazt sections o(49 CFR Part <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 43 CFR Part 9, subpart 94, <br /> debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that <br /> the certification 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 Non-procurement 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 nom. ally possessed by a prudent person in the ordinary <br /> course of business dealings. <br /> 9. Except for transactions authorized under paragraph 5 of these instructions, ifa 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 transaction, 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 <br /> susoension and/or debarment. <br /> IX. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower 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 debarment, 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 eenif-v to any of the statements in this <br /> certification. such prospective participants shall attach an explanation to this proposal. <br /> X. Minority Business Enterprise Requirements <br /> <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 pcrformance of contracts financed in whole or <br /> in par with Fcderal funds under this agreement. Consequently, the VIBE requirements of 49 CFR Par 23 apply to <br /> this agrccmcnt. <br /> The recipient or its contractor agrees to ensure that minority business entc~. rases as defined in 49 CFR Pan <br /> 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole <br /> or in pan with Federal funds provided uncle this agreement. In this regard, all rccipicn u or contractors shall take all <br /> -t <br />