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<br />Iransaclion for cause of default.
<br />
<br />d, The prospective primary participant shall provide immediate
<br />written notice to the department or agency 10 whom lhis proposal is
<br />submitted if any lime the prospective primary participant leams that
<br />ils certification was erroneous when submiUed or has become
<br />erroneous by reason of changed circumstances.
<br />e_ The terms "covered transaction," "debarred,. "sus~nded, ~
<br />:~~~i~~v~:dr,::~::~~~~~~.~!lp;:t;~~!P:;J':v~~~;
<br />excluded,. as used in this clause, have the meanings sel oul in the
<br />Definitions and Coverage sections of rules implementing Executive
<br />Order 12549. You may conlsct the department or agency to which
<br />this proposal ;s submitted for assistance in obtaining a copy of those
<br />regulations.
<br />f, The prospective primary participant agrees bysubmiUing lhis
<br />proposal that. should the proposed covered transaction be entered
<br />Inlo, it shall not knowingly enler into any lower tier Covered transac-
<br />tion with a person who is debarred, suspended, declared ineligible,
<br />or voluntarily exduded from participation in this covered transaction.
<br />unless authorized by tile department or agency entering into this
<br />transaction.
<br />
<br />SUbmi8ing ~: J:~:~~~t K~I~;rCI~~~~~~u~ert~:~ ~~:~~c~
<br />
<br />lion Regarding Debarment. Suspension, Ineligibility and Voluntary
<br />E)t:clusion.lower Tier Covered Transaction," provided by the
<br />department or agency entering inlo this covered transaction, without
<br />modification, in all lower tier covered transacliollS and in all solicita-
<br />tions for lower tier covered transactions.
<br />
<br />h. A participant in a covered transaction may rely upon a
<br />certificalion of a prospective participant in a lower tier covered
<br />transaction that is not debarred, suspended, ineligible, or VOluntarily
<br />excluded from the covered transaction, unless it knows lhat the
<br />certification is erroneous. A participant may decide the method and
<br />frequency by which it determines the eligibilily of ils principals. Each
<br />
<br />~~~~~~i~~~r'iS~~~~S~~j~~d~ rfO~k ~~e~~,"~~~~~:~::
<br />Or Nonprocurement Programs. (Nonprocurement list) which is
<br />compiled by the General Services Administration.
<br />i. Nolhing contained in the foregoing shall be construed to
<br />require establishment of a system of records in order to render in
<br />good faith the certificalion required by this clause. The knowledge
<br />and information of participanl is not required to exceed thal which is
<br />normaUy posseSSed by a prudent person in the ordinary course of
<br />business dealings.
<br />j. Except for transaclions authorized under paragraph f of
<br />these Instructions. if a participant in a covered lrans8ction knowingly
<br />enters into a lower tier covered transaction with a person who is
<br />suspended, debarred, ineligible, or voluntarily excluded from
<br />participation in this transacliorl, in addition to other remedies available
<br />to the Federal Govemmenl.lhe department or agency may terminate
<br />Ihis transaclion for cause or default.
<br />
<br />Form FHWA-1273 (Rev. 3-94)
<br />
<br />Certification Regarding Debarment, Suspension, Ineligibility
<br />and Voluntary Exclusion-Primary Covered Transactions
<br />
<br />1. The prospective primary participant certifies 10 the best of its
<br />knowledge and belief, thai it and its principals:
<br />
<br />a. Are not presenUy debarred, suspended, proposed for
<br />debarment, declared ineligible, or lIoluntarily excluded from covered
<br />transactions by any Federal depar1menl or agency;
<br />
<br />b. Have nOllNithin a J..,)'ear period preceding this proposal
<br />been convicted of or had a civil Judgement rendered against them for
<br />commission of fraud or a criminal offense in connection with obtain-
<br />ing, attemptin~ to obtain, Or performing a public (Federal, Stale 01
<br />local) transactIon or conlract under a public transaction; violation of
<br />Federal or Stale anlilrusl statutes or commission of embezzlement,
<br />theft, forgery, bribery, falsificatton or destruction of records, making
<br />false stalemenls, or receiving stolen property;
<br />
<br />charg~ ';:; ~0~::r:,"m~~~~iC~~i~ortFe~~~ris~~m6~~~~t~~
<br />commission of any of the offenses enumerated in paragraph 1b of
<br />this certification; and
<br />
<br />d. Have nol within a 3-year period preceding (his applica.
<br />
<br />:~Wl~~~~~:dd f~~~~s~~~ de~~~~.transactions (Federal, Slale or
<br />
<br />
<br />2. Where the prospective primary participant is unable to certify to
<br />any of the statements in this certification, such prospective participanl
<br />shall attach an explanation to this proposal.
<br />
<br />2. Instructions for Certification - LowerTier Covered Transac-
<br />tions:
<br />
<br />(Applicable to aU subcontracts, purchase orders and other lower
<br />lier transactions of $25.000 or more . 49 CFR 29)
<br />a. By signing and submitting this proposal, the prospec1ive
<br />lower tier is providing the certification sel oul below.
<br />b. The certification in this clause is a malerial representation
<br />of fact u~n which reliance was placed when this transaction was
<br />entered Inlo. If it is later delermined that the prospective lower tier
<br />participant knowingly rendered an erroneous certification, in addition
<br />to other remedies available 10 the Federal Govemmenl, the depart-
<br />~V~71~~~ ~~~~d;::,trn~~~~~;~~:;~~~~~i:~d':ea~. pursue
<br />
<br />c. The prospeclive lower tier participanl shall provide immedi-
<br />ate written nolice to the person to which this proposal is submiUed if
<br />at any time the prospective lower tier participant learns that its
<br />certification was erroneous by reason of changed circumstances.
<br />d. The terms "covered transaction,. .debaned, - .suspended."
<br />-ineligible,. .primary covered transaction," "participant" "person,"
<br />.principal," "proposal," and -Voluntarily exduded: as used in this
<br />clause, have the meanings set out in fhe Definitions and Coverage
<br />sections of rules implementing Executive Order 12549. You may
<br />conlactthe person 10 which this proposal is submined for assistance
<br />in oblaining a copy of those regufallons.
<br />e. The prospective lower tier participant agrees by submiUing
<br />this proposal that, should the proposed covered transaction be
<br />enlered into, it shall nol knowingty enler into any lower tier covered
<br />transaction with a person who is debarred, suspended, declared
<br />ineligible. or voluntarily excluded from partic;palion in this covered
<br />transaclion, unless authorized by the department or agency with
<br />which 1his transaction originated
<br />f. The prospect;ve lower lier participant further agrees by
<br />submilling this proposal that it will include this clause titled "Certifica-
<br />lion Regarding Debarment, Suspension, Ineli9ibility and YOluntary
<br />Exclusion.Lower Tier Covered Transaction," wlthoul modifICation, in
<br />all lower tier covered Iransactions and in all solicitations for lower lier
<br />covered transactions.
<br />
<br />g. A participant in a covered transacUOn may rely upon a
<br />certification of a prospective participant in a lower tier covered
<br />transaction that is not debarred, suspended, ineligible, or VOluntarily
<br />exduded 'rom lhe covered Iransaction, unless it knows that lhe
<br />ceniflcation is erroneous. A participanl may decide the method and
<br />
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