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may contact the department or agency to which this proposal is submitted for assistance in <br /> obtaining a copy of those regulations. <br /> <br /> f. The prospective primary participant agrees by submitting this proposal that, should the <br /> proposed covered transaction be entered into, it shall not knowingly enter into any lower tier <br /> 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 entering into this transaction. <br /> <br /> g. The prospective primary participant further agrees by submitting this proposal that it will <br /> include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and <br /> Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or <br /> agency entering into this covered transaction, without modification, in all lower tier covered <br /> transactions and in all solicitations for lower tier covered transactions. <br /> <br /> h. A participant in a covered transaction may rely upon a certification of a prospective <br /> participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or <br /> voluntarily excluded from the covered transaction, unless it knows that the certification is <br /> erroneous. A participant may decide the method and frequency by which it determines the <br /> eligibility of its principals. Each participant may, but is not required to, check the <br /> nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement of <br /> Nonprocurement Programs" (Nonprocurement List) which is compiled by the General <br /> Services Administration. <br /> <br /> i. Nothing contained in the foregoing shall be construed to require establishment ora <br /> system of records in order to render in good faith the certification required by this clause. <br /> The knowledge and information ora participant is not required to exceed that which is <br /> normally possessed by a prudent person in the ordinary course of business dealings. <br /> <br /> j. Except for transactions authorized under paragraph f of these instructions, ifa participant <br /> in a covered transaction knowingly enters into a lower tier covered transaction with a person <br /> who is suspended, debarred, ineligible, or voluntarily excluded from participation in this <br /> transaction, in addition to other remedies available to the Federal Government, the <br /> department or agency may terminate this transaction for cause or default. <br /> <br /> Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- <br /> Primary Covered Transactions <br /> <br />1. The prospective primary participant certifies to the best of its knowledge and belief, that it <br />and its principals: <br /> <br /> a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or <br /> voluntarily excluded from covered transactions by any Federal department or agency; <br /> <br /> b. Have not within a 3-year period preceding this proposal been convicted of or had a civil <br /> judgement rendered against them for commission of fraud or a criminal offense in <br /> connection with obtaining, attempting to obtain, or performing a public (Federal, State or <br /> local) transaction or contract under a public transaction; violation of Federal or State <br /> antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or <br /> destruction of records, making false statements, or receiving stolen property; <br /> <br /> 17-20 Form FHWA- 1273 <br /> Rev. 12-93 <br /> <br /> <br />