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4. The [emu covered transaction, "debarred," "suspended," "ineligible," "lower tier covered
<br /> transaction," "participant," "person," "primary covered transaction," "principal," "proposal,"
<br /> and "voluntarily excluded," as used in this clause, have the meanings se[ out in the Definition
<br /> and Coverage sections of 49 CFR Par[ 29. You may contact the person to whom this proposal
<br /> is submitted for assistance in obtaining a copy of those regulations.
<br /> 5. The prospective lower tier participant agrees by submitting this proposal that, should [he
<br /> proposed covered transaction be entered into, it shall no[ knowingly enter into any lower tier
<br /> covered transaction with a person who is proposed for debacmen[ under 48 CFR Part9,
<br /> subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
<br /> participation in this covered transac[ioq unless authorized by the department or agency with
<br /> which this transaction originated.
<br /> 6. The prospective lower tier participant further agrees by submitting this proposal [hat is it will
<br /> include [his clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
<br /> Voluntary Exclusion Lower Tier Covered Transaction," without modification, in all lower
<br /> tier covered transactions and in all solicitations for lower tier covered transactions. (See
<br /> below.)
<br /> 7. A participant in a covered transaction may rely upon a certification of a
<br /> prospective participant in a lower tier covered transaction that it is not
<br /> proposed for debarment under 48 CFR Part 9, subpart 9.4, deban-ed,
<br /> suspended, ineligible, or voluntarily excluded from the covered transaction,
<br /> unless it knows that the certification is erroneous. A participant may decide
<br /> the method and frequency by which it determines the eligibility of its
<br /> principals. Each participant may, but is not required to, check the List of
<br /> Parties Excluded from Federal Procurement and Non-procurement List.
<br /> 8. Nothing contained in [he foregoing shall be constmed [o require establishment of a system of
<br /> records in order to render in good faith the certification required by this clause. The
<br /> knowledge and information of a participant is no[ required [o exceed that which is normally
<br /> possessed by a prndent person in [he ordinary course of business dealings.
<br /> 9. Except for transactions authorized under paragraph 5 of these instrnctions, if a participant in a
<br /> covered transaction knowingly enters into a lower tier covered transaction with a person who
<br /> is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible,
<br /> or voluntarily excluded from participation in this transaction, in addition to other remedies
<br /> available [o [he Federal government, the department or agency with which [his transaction
<br /> originated may pursue available remedies, including suspension and/or debarment.
<br /> IX. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
<br /> Exclusion -
<br /> Lower Tier Covered Transactions
<br /> L The prospective lower tier participant certifies, by submission of this proposal, [hat neither it
<br /> nor its principals is presently debarred, suspended, proposed for debarment, declared
<br /> ineligible, or voluntarily excluded from participation in [his transaction by any Federal
<br /> department or agency.
<br /> 2. Where the prospective lower tier participant is unable to certify to any of the statements br this
<br /> certification, such prospective participants shall attach an explanation to this proposal.
<br />
<br /> X. Minority Business Enterprise Requirements
<br /> It is the policy of the Department of Transportation that minority business enterprises, as defined
<br /> in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of
<br />
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