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<br />COOPERATIVE AGREEMENT NO. ATC020223
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<br />o Disclosure,
<br />(I) The Contractor who requests or receives from an agency a Federal contract shall lite with that agency a disclosure form, OMB standard form
<br />LLL. Disclosure of Lobbying Activities, if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any
<br />covered Federal action), which would be prohibited under subparagraph (b)(I) of this clause, if paid for with appropriated funds.
<br />(2) The Contractor shall lite a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy
<br />of the infomlation contained in any disclosure foml previously Iited by such person under subparagraph (c)(I) of this clause, An event that materially affects the
<br />accuracy of the information reported includes-
<br />(I) A cumulative increase of S25.000 or morc in the amount paid or expected to be paid for innuencing or attempting to innuence a covered Federal
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<br />action; or
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<br />(ii) A change in the person(s) or individual(s) innuencing or allempting to innuence a covered Federal or action; or
<br />(iii) A change in the officer(s), employee(s), or Members(s) contacted to innuence or attempt to innuence a covered Federal action.
<br />(3) The Contractor shall require the submillal of a certification, and if required, a disclosure form by any person who requests or receives any
<br />subcontract exceeding SIOO,OOO under the Federal contract.
<br />(4) All subcontractor disclosure fomls (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor, The prime
<br />Contractor shall submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submilled by the subcontractor.
<br />Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor,
<br />(d) agreement. The Contractor agrees not to make any payment prohibited by this clause.
<br />(e) Penalties,
<br />(I) Any person who makes an expenditure prohibited under paragraph (a) of this clause or who fails to file or amend the disclosure form to be Iited or
<br />amended by paragraph (b) of this clause shall be subject to civil penalties as provided for by 31 V.S.C. \352. An imposition of a civil penalty does not prevent the
<br />GoverMlent from seeking any other remedy that may be applicable.
<br />(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.
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<br />(I) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable, Conversely, costs
<br />made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.
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<br />j. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
<br />RESPONSIBILITY MATTERS--PRIMARY COVERED TRANSACTIONS (MAR
<br />1996)
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<br />Instructions for Certification
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<br />I. By signing and submining this proposal. the prospective primary
<br />participant is providing the certification set out below.
<br />2. The inability of a person to provide the certification required below will
<br />not necessarily result in denial of participation in the covered transaction.
<br />The prospective participant shall submit an explanation of why it cannot
<br />provide the certification set out below, The certification or explanation
<br />will be considered in cOMection with the department or agency's
<br />determination whether to enter into this transaction. However, failure of
<br />the prospective primary participant to furnish a certification or an
<br />explanation shall disqualify such person from participation in this
<br />transaction.
<br />3. The certification in this clause is a material representation of fact upon
<br />which reliance was placed when the department or agency determined to
<br />enter into this transaction, If it is later determined that the prospective
<br />primary participant knowingly rendered an erroneous certification. in
<br />addition to other remedies available to the Federal Govenunent, the
<br />department or agency may terminate this transaction for cause of default.
<br />4. The prospective primary participant shall provide immediate written
<br />notice to the department or agency to whom this proposal is submilled if at
<br />any time the prospective primary participant learns that ilS certification was
<br />erroneous when submilled or has become erroneous by reason of changed
<br />circumstances,
<br />5, The terms "covered transaction," "debarred," "suspended,"
<br />"ineligible," "lower tier covered transaction,. "participant," 'person,"
<br />"primary covered transaction," "principal." "proposal." and "voluntarily
<br />excluded." as used in this clause. have the meanings set out in the
<br />Definitions and Coverage sections of the rules implementing Executive
<br />Order 12549, You may contact the department or agency to which this
<br />proposal is being submilled for assistance in obtaining a copy of those
<br />regulations,
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<br />6. The prospectivc primary participant agrees by submining this proposal
<br />that, should the proposed covered transaction be entered into, it shall not
<br />knowingly enter into any lower tier covered transaction with a person who
<br />is debarred, suspended, declared ineligible, or voluntarily excluded from
<br />participation in this covercd transaction, unless authorized by the
<br />department or agency entering into this transaction,
<br />7, The prospective primary participant further agrees by submitting this
<br />proposal that it will include the clause titled "Certification Regarding
<br />Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier
<br />Covered '(ransaction, " provided by the department or agency into this
<br />covered transaction, without modification, in all lower tier covered
<br />transactions and in all solicitations for lower tier covered transactions,
<br />8. A participant in a covered transaction may rely upon a certification of a
<br />prospective participant in a lower tier covered transaction that it is not
<br />debar,red. suspended, ineligible. or voluntarily excluded from the covered
<br />transaction, unless it knows that the certification is erroneous. A
<br />participant may decide the method and frequency by which it determines
<br />the eligibility of its principals, Each participant may. but is not required
<br />to, check the Nonprocurement List (202-783-3238),
<br />9, Nothing contained in the foregoing shall be construed to require
<br />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 a
<br />participant is not required to exceed that which is normally possessed by a
<br />prudent person in the ordinary course of business dealings.
<br />10. Except for transaction authorized under paragraph 6 of these
<br />instructions. if a participant in a covered transaction knowingly enters into
<br />a lower tier covered transaction with a person who is suspended, debarred,
<br />ineligible, or voluntarily excluded from participation in this transaction, in
<br />addition to other remedies available to the Federal GoverMlent, the
<br />department or agency may terminate this transaction for cause or default,
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