Orange County NC Website
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
Contract Number 00027858 / Page 28 of 33 <br /> IV.. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier <br /> Covered Transactions <br /> Instructions <br /> [The phrase "prospective lower tier participant" means the Provider.] <br /> 1. By signing and submitting this document, the prospective lower tier participant is providing the certification set out <br /> below.. <br /> 2 The certification in this clause is a material representation of the fact upon which reliance was placed when this <br /> transaction was entered into If it is later determined that the prospective lower tier participant knowingly rendered an <br /> erroneous certification, in addition to other remedies available to the Federal Government, the department or agency <br /> with which this transaction originate may pursue available remedies, including suspension and/or debarment. <br /> 3 The prospective lower tier participant will provide immediate written notice to the person to whom this proposal is <br /> submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted <br /> or has become erroneous by reason of changed circumstances. <br /> 4 The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," <br /> "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have <br /> the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, 45 CFR <br /> Part 76. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those <br /> regulations. <br /> 5 The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered <br /> transaction be entered into, it shall not knowingly enter any lower tier covered transaction with a person who is <br /> debarred, suspended, determined 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 document that it will include the clause titled <br /> "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - -Lower Tier Covered <br /> Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered <br /> transactions <br /> 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered <br /> transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from covered transaction, unless it <br /> knows that the certification is erroneous. A participant may decide the method and frequency by which it determines <br /> the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List <br /> 8 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to <br /> render in good faith the certification required by this clause The knowledge and information of a participant is not <br /> required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. <br /> 9 Except for transactions authorized in paragraph 5 of these instructions, if a participant in a covered transaction <br /> knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or <br /> voluntarily excluded from 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 pursue available remedies, <br /> including suspension, and /or debarment <br /> Certification <br /> 1 The prospective lower tier participant certifies, by submission of this document, that neither it nor its principals is <br /> presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation <br /> 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 certification, such <br /> prospective participant shall attach an explanation to this proposal. <br />