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7. A participant in a covered transaction may rely upon a certification of a prospective <br /> participant in a lower tier covered transaction that it is not proposed for debarment <br /> under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily <br /> excluded from the covered transaction, unless it knows that the certification is <br /> erroneous. A participant may decide the method and frequency by which it <br /> determines the eligibility of its principals. Each participant may, but is not required <br /> to, check the List of Parties Excluded from Federal Procurement and Non- <br /> procurement List. <br /> 8. Nothing contained in the foregoing shall be construed to require establishment of a <br /> system of records in order to render in good faith the certification required by this <br /> clause. The knowledge and information of a participant is not required to exceed that <br /> which is normally possessed by a prudent person in the ordinary course of business <br /> dealings. <br /> 9. Except for transactions authorized under paragraph 5 of these instructions, if a <br /> participant in a covered transaction knowingly enters into a lower tier covered <br /> transaction with a person who is proposed for debarment under 48 CFR Part 9, <br /> subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from <br /> participation in this transaction, in addition to other remedies available to the Federal <br /> government, the department or agency with which this transaction originated may <br /> pursue available remedies, including suspension and/or debarment. <br /> IX. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - <br /> Lower Tier Covered Transactions <br /> 1. The prospective lower tier participant certifies, by submission of this proposal, that <br /> neither it nor its principals is presently debarred, suspended, proposed for debarment, <br /> declared ineligible, or voluntarily excluded from participation in this transaction by <br /> any Federal department or agency. <br /> 2. Where the prospective lower tier participant is unable to certify to any of the <br /> statements in this certification, such prospective participants shall attach an <br /> 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 <br /> defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the <br /> performance of contracts financed in whole or in part with Federal funds under this <br /> agreement. Consequently, the MBE req~iirements of 49 CFR Part 23 apply to this <br /> agreement. <br /> The recipient or its contractor agrees to ensure that minority business enterprises as <br /> defined in 49 CFR Part 23 have the maximum opporiunity to participate in the <br /> performance of contracts and subcontracts financed in whole or in part with Federal <br /> <br />