CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS

INSTRUCTIONS FOR CERTIFICATION

		1.	By signing and submitting this proposalform, the prospective primary participant is providing the certification set out below.

		2.	The inability of a person to provide the certification required below will not necessarily result in denial of participation in the covered transaction.  The prospective participant shall submit an explanation of

why it cannot provide the certification set out below.  The certification or explanation will be considered

in connection with the department or agency’s determination whether to enter into this transaction. 

However, failure of the prospective primary participant to furnish a certification or an explanation shall

disqualify such person from participation in this transaction.

		3.	The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction.  If it is later determined that the

prospective primary participant knowingly rendered an erroneous certification, in addition to other

remedies available to the Federal Government, the department or agency may terminate this transaction

for cause or default.

		4.	The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its

certification was erroneous when submitted or has become erroneous by reason of changed

circumstances.

		5.	The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules

implementing Executive Order 12549.  You may contact the department or agency to which this proposal

is being submitted for assistance in obtaining a copy of those regulations.

		6.	The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transactions with a

person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared

ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the

department or agency entering into this transaction.

		7.	The prospective primary participant further agrees by submitting this proposalform that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -

Lower Tier Covered Transaction,” provided by the department or agency entering into this covered

transaction, without modification, in all lower tier covered transactions and in all solicitations for lower

tier covered transactions.

		8.	A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,

suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the

certification is erroneous.  A participant may decide the method and frequency by which it determines

the eligibility of its principals.  Each participant may, but is not required to, check the List of Parties

Excluded from Federal Procurement and Nonprocurement Programs.

		9.	Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.  The knowledge and information

of a participant is not required to exceed that which is normally possessed by a prudent person in the

ordinary course of business dealings.

		10.	Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for

debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded

from participation in this transaction, in addition to other remedies available to the Federal Government,

the department or agency may terminate this transaction for cause or default.

CERTIFICATION

		(1)	The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

		(a)	Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency;

		(b)	Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,

attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a

public transaction;  violation of Federal or State antitrust statutes or commission of embezzlement,

theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving

stolen property;

		(c)	Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of

this certification; and

		(d)	Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

		(2)	Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

			Organization Name					PR/Award or Project Name

			President										

			Name and Title 

			Signature								Date