Current through Register Vol. 56, No. 18, September 16, 2024
READ THE ATTACHED INSTRUCTIONS BEFORE SIGNING THIS
CERTIFICATION. THE INSTRUCTIONS ARE AN INTEGRAL PART OF THE
CERTIFICATION.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion
1. The prospective lower tier participant
certifies, by submission of this proposal, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from participation in this transaction by an Federal
department or agency.
2. Where the
prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an
explanation to this proposal.
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| Name and Title of Authorized Representative |
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| Signature | Date |
This certification is required by the regulations
implementing Federal Executive Order 12549, Debarment and Suspension, 29 CFR
Part 98, Section 98.510.
Appendix A to CFR § 29 Part 98
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion
Lower Tier Covered Transactions
Instructions for Certification
1. By signing and submitting this proposal,
the prospective lower tier participant is providing the certification set out
below.
2. The certification in this
clause is a material representation of facts upon which reliance was placed
when this transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the federal
government the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant
shall provide immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant learns that its
certification erroneous when submitted or had become erroneous by reason of
changed circumstances.
4. The terms
covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal,
proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant
agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR
part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by
the department or agency with which this transaction originated.
6. The prospective lower tier participant
further agrees by submitting this proposal that it will include this clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion--Lower Tier Covered Transaction," without modification, in
all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
7. A
participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not
proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended,
ineligible, or voluntarily excluded from covered transactions, unless it knows
that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded
from Federal Procurement and Nonprocurement Programs.
8. Nothing contained in the foregoing shall
be construed to require establishment of a system of records in order to render
in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business
dealings.
9. Except for
transactions authorized under paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9,
subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to
the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or
debarment.
