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OTHER-2020-009 Instructions for Debarment Certifications
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OTHER-2020-009 Instructions for Debarment Certifications
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Last modified
10/15/2020 9:34:31 AM
Creation date
10/15/2020 9:32:12 AM
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BOCC
Date
10/6/2020
Meeting Type
Business
Document Type
Grant
Agenda Item
5-b
Document Relationships
Agenda 10-06-20 Virtual Business Meeting
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2020\Agenda - 10-06-20 Virtual Business Meeting
Agenda - 10-06-20; 5-b - Second Public Hearing on CDBG-CV Grant Application for Emergency Housing Assistance
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2020\Agenda - 10-06-20 Virtual Business Meeting
RES-2020-058 Resolution Approving the Orange County Application for Community Development Block Grant CBDG Funding for the Emergency Housing Assistance Fund
(Attachment)
Path:
\Board of County Commissioners\Resolutions\2020-2029\2020
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DocuSign Envelope ID : 51610912-7AEE-4B59-853C- D89BDBA77130 <br /> Instructions for Debarment Certifications <br /> 1 . By signing and submitting this form , the prospective participant is providing the certification set <br /> out on the " Certification Regarding Debarment, Suspension and Other Responsibility Matters " in <br /> accordance with these instructions . <br /> 2 . Consequences of False Certification - The certification is a material representation of fact upon <br /> which reliance was placed when this transaction was entered . If it is later determined that the <br /> prospective participant knowingly rendered an erroneous certification , in addition to other <br /> remedies available to the Federal Government, the department or agency with which this <br /> transaction originated may pursue available remedies , including suspension and /or debarment . <br /> 3 . Errors in Certifying . - The prospective participant shall provide immediate written notice to the <br /> person to which this proposal is submitted if, at any time , the prospective participant learns that <br /> its certification was erroneous when submitted or has become erroneous because of changed <br /> circumstances . <br /> 4 . Definitions and Further Guidance - The terms " covered transaction , " " debarred , " "suspended , " <br /> " ineligible , " lower tier covered transaction , " " participant, " " person , " " primary covered <br /> transaction , " " principal , " " proposal , " and "voluntarily excluded , " as used in this clause have the <br /> meanings set out in the Definitions and Coverage section of rules implementing Executive Order <br /> 12549 . You may contact the person to which this proposal is submitted for assistance in obtaining <br /> a copy of those regulations or you may refer to the Federal Register, Vol . 70, No . 168, pages 51863 <br /> —51880 . <br /> 5 . Certification Extends to Subcontractors - The prospective participant agrees by submitting this <br /> form that, should the proposed covered transaction be entered , it shall not knowingly enter any <br /> lower tier covered transaction with a person who is debarred , suspended , declared ineligible , or <br /> voluntarily excluded from participation in this covered transaction , unless authorized by the <br /> department or agency with which this transaction originated . <br /> 6 . Certification Included in Subcontracts - The prospective participant further agrees by submitting <br /> this form that it will include this clause titled " Certification Regarding Debarment , Suspension , <br /> Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction , " without modification in all <br /> lower tier covered transactions and in all solicitations for lower tier covered transactions . <br /> 7 . Reliance on Certification - A participant in a covered transaction may rely upon a certification of a <br /> prospective participant in a lower tier covered transaction that is not debarred , suspended , <br /> ineligible , or voluntarily excluded from the covered transition , unless it knows that the <br /> certification is erroneous . A participant may decide the method and frequency by which it <br /> determines the eligibility of its principals . Each participant may, but is not required to , check the <br /> Non - Procurement List . <br /> 8 . New System of Records Not Required - Nothing contained in the foregoing should be construed to <br /> require establishment of a system of records to render in good faith the certification required by <br /> this clause . The knowledge and information of a participant is not required to exceed that which is <br /> normally possessed by a prudent person in the ordinary course of business dealings . <br /> 9 . Consequences for Use of Ineligible Sub grantees - Except for transactions authorized under <br /> paragraph 5 of these instructions , if a participant in a covered transaction knowingly enters into a <br /> lower tier covered transaction with a person who is suspended , debarred , ineligible , or voluntarily <br /> excluded from participation in this transaction , in addition to other remedies available to the <br />
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