|
3. The prospective lower tier participant shall provide immediate written notice to the person to which
<br /> this proposal is submitted if at any time the prospective lower tier participant learns that its
<br /> certification was erroneous when submitted or has become erroneous by reason of changed
<br /> circumstances.
<br /> 4. The terms covered transaction, "debarred," "suspended," "ineligible," "lower tier covered
<br /> transaction," "participant,""person," "primary covered transaction," "principal," "proposal," and
<br /> "voluntarily excluded," as used in this clause,have the meanings set out in the Definition and
<br /> Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is
<br /> submitted for assistance in obtaining a copy of those regulations.
<br /> 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
<br /> covered transaction be entered into, it shall not knowingly enter into any lower tier covered
<br /> transaction with a person who is proposed for debarment under 48 CFR Part9, subpart 9.4, debarred,
<br /> suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
<br /> unless 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
<br /> Exclusion-- Lower Tier Covered Transaction," without modification, in all lower tier covered
<br /> transactions and in all 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, ineligible, or voluntarily excluded from the covered transaction, unless it
<br /> knows that the certification is erroneous. A participant may decide the method and frequency by
<br /> which it determines the eligibility of its principals. Each participant may, but is not required to,
<br /> check the List of Parties Excluded from Federal Procurement and Non-procurement List.
<br /> 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
<br /> in order to render in good faith the certification required by this clause. The knowledge and
<br /> information of a participant is not required to exceed that which is normally possessed by a prudent
<br /> person in the ordinary course of business dealings.
<br /> 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
<br /> covered transaction knowingly enters into a lower tier covered transaction with a person who is
<br /> proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or
<br /> voluntarily excluded from participation in this transaction, in addition to other remedies available to
<br /> the Federal government, the department or agency with which this transaction originated may pursue
<br /> 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 neither it nor its
<br /> principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
<br /> voluntarily 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 attach an explanation to this proposal.
<br />
|