Orange County NC Website
DocuSign Envelope ID:78958EB7-5B02-4CA0-8EAF-F3E892A7B33B <br /> c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time <br /> the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. <br /> d. The terms"covered transaction;' "debarred,""suspended,""ineligible," "participant,""person,""principal,"and"voluntarily excluded,"as <br /> used in this clause,are defined in 2 CFR Parts 180 and 1200.You may contact the person to which this proposal is submitted for assistance in <br /> obtaining a copy of those regulations."First Tier Covered Transactions"refers to any covered transaction between a grantee or subgruntee of <br /> Federal funds and a participant(such as the prime or general contract)."Lower Tier Covered Transactions"refers to any covered transaction <br /> under a First Tier Covered Transaction(such as subcontracts)."First Tier Participant'refers to the participant who has entered into a covered <br /> transaction with a grantee or subgrantee of Fcdcral funds(such as the prince or general contractor). "Lower Tier Participant"refers any <br /> participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors <br /> and suppliers). <br /> c. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall <br /> not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily <br /> excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. <br /> f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Certification Regarding <br /> Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier <br /> covered transactions and in alt solicitations for lower tier covered transactions exceeding the S25,000 threshold. <br /> g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not <br /> debarred,suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. <br /> A participant is responsible for ensuring that its principals are not suspended, debarred,or otherwise ineligible to participate in covered <br /> transactions.To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each participant may, <br /> but is not required to,check the Excluded Parties List System wcbsite(https:l/w%vw.epis.gov/),which is compiled by the General Services <br /> Administration- <br /> h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the <br /> certification required by this clause.The knowledge and information of participant is not required to exceed that which is normally possessed <br /> by a prudent person in the ordinary course of business dealings. <br /> i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into <br /> a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from participation in this <br /> transaction, in addition to other remedies available to the Fcdcral Government, the department or agency with which this transaction <br /> originated may pursue available remedies,including suspension and/or dcbarment. <br /> ..... <br /> Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tic Participants: <br /> 1. The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended, <br /> proposed for debarment,declared ineligible,or voluntarily excluded from part cipaling in covered transactions by any Federal department or <br /> agency. <br /> 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospec live participant shall <br /> attach an explanation to this proposal. <br /> X1.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING <br /> "]his provision is applicable to a]I Federal-aid construction conuacts and to a]I related subcontracts which exceed S100,000(49 CFR 20). <br /> 1. The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: <br /> a. No Federal appropriated funds have been paid or will be paid,by or on hehalf of the undersigncd,to any person for influencing or attempting <br /> to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of <br /> a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal <br /> loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal <br /> contract,grant,loan,or cooperutive agreement. <br /> b. If any funds other than Federal appropriated fiutds have been paid or will be paid to any person for influencing or attempting to influence an <br /> officer or employee of any Federal agency,a Member of Congress,an officer or employer of Congress,or an employee of a Member of <br /> Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall comp It le and submit Standard <br /> Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. <br /> 2. This certification is a material representa li on of fact upon which reliance was placed when this transaction was made or entered into.Submission <br /> of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.Any person who fails to file the <br /> required certification shall be subject to a civil penalty of not less than S 10.000 and not more than S 100,000 for each such failure. <br /> 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be <br /> included in all lower tier subcontracts,which exceed 5t00,000 and that all such recipients shall certify and disclose accordingly. <br />