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<br />(4) All subcontractor disclosure fonns (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 fonn is submitted by the subcontractor. Each
<br />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 fonn to be filed or
<br />amended by paragraph (b) of this clause shall be subject to civil penalties as provided for by 31 U.S.C.1352. An imposition ofa civil penalty does not prevent the
<br />Govenunent 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 fOmL
<br />
<br />(t) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made
<br />specifically unallowable by the requirements in this clause will not be made allowable under any other provision.
<br />
<br />j. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
<br />RESPONSIBILITY MATTERS--PRIMARY COVERED TRANSACTIONS (MAR
<br />1996)
<br />
<br />Instructions for Certification
<br />
<br />I. By signing and submitting 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 will
<br />be considered in connection with the department or agency's determination
<br />whether to enter into this transaction. However, failure of the prospective
<br />primary participant to fun:Ush a certification or an explanation shall disqualify
<br />such person from participation in this 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 detennined to
<br />enter into this transaction. If it is later determined that the prospective
<br />primary participant knowingly rendered an erroneous certification, in addition
<br />to other remedies available to the Federal Govenunen~ the department or
<br />agency may tenninate this transaction for cause of default.
<br />4. The prospective primary participant shall provide inunediate written notice
<br />to the department or agency to whom this proposal is submitted if at any time
<br />the prospective primary participant learns that its certification was erroneous
<br />when submitted or has become erroneous by reason of changed
<br />circwnstances.
<br />5. The tenns "covered transaction," "debarred," "suspended," "ineligtble,"
<br />"lower tier covered transaction," "participant," "person, II "primary covered
<br />transaction," "principal," "proposal," and "voluntarily excluded," as used in
<br />this clause, have the meanings set out in the Definitions and Coverage
<br />sections of the rules implementing Executive Order 12549. You may contact
<br />the department or agency to which this proposal is being submitted for
<br />assistance in obtaining a copy of those regulations.
<br />
<br />6. The prospective primary participant agrees by submitting 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 is
<br />debarred, suspended, declared ineligtble, or voluntarily excluded from
<br />participation in this covered transaction, unless authorized by the department
<br />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 Transaction," 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 />debarred, suspended, ineligible, or voluntarily excluded from the covered
<br />transaction, unless it knows that the certification is erroneous. A participant
<br />may decide the method and frequency by which it detennines the eligtbility of
<br />its principals. Each participant may, but is not required to, check the
<br />Nonprocurement List (202-783-3238).
<br />9. Nothing contained in the foregoing shall be construed to require
<br />establislunent of a system of records in order to render in good faith the
<br />certification required by this clause. The knowledge and infonnation of a
<br />participant is not required to exceed that which is nonnally possessed by a
<br />prudent person in the ordinary course of business dealings.
<br />10. Except for transaction authorized under paragraph 6 of these instructions,
<br />if a participant in a covered transaction knowingly enters into a lower tier
<br />covered transaction with a person who is suspended, debarred, ineligible, or
<br />vohmtarily excluded from participation in this transaction, in addition to other
<br />remedies available to the Federal Government, the department or agency may
<br />terminate this transaction for cause or default.
<br />
<br />Certification Regarding Debarment, Suspension, and Other
<br />Responsibility Matters--Primary Covered Transactions
<br />
<br />(I) The prospective primary participant certifies to the best of its knowledge
<br />and belief, that it and its principals:
<br />. (a) Are not presently debarred, suspended, proposed for
<br />debannent, declared ineligible, or voluntarily excluded from covered
<br />transactions by any Federal department or agency;
<br />(b) Have not within a three-year period preceding this proposal
<br />been convicted or had a civil judgment rendered against them for cOnmllssion
<br />of fraud or a criminal offense in connection with obtaining, attempting to
<br />obtain, or perfonning a public (Federal, State, or local) transaction or contract
<br />under a public transaction; violation of Federal or State antitrust statutes or
<br />cOnmllssion of embezzlement, theft, forgery, bnbery, falsification or
<br />destruction of records, making false statements, or receiving stolen property;
<br />
<br /><0 Are not presently indicted for or otherwise criminally or
<br />civilly charged by a governmental entity (Federal, State or local) with
<br />cOnmllssion of any of tlle offenses enwnerated in paragraph (I)(b) of this
<br />certification; and
<br />(d) Have not within a three-year period preceding this
<br />application/proposal had one or more public transaction (Federal, State or
<br />local) terminated for cause or default.
<br />
<br />(2) Where the prospective primary participant is unable to certify to any of
<br />the statements in this certification, such prospective participant shall attach an
<br />explanation to this proposal.
<br />
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