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<br /> <br /> Page 10 of 24 <br /> <br />i. Are not presently debarred, suspended, proposed for debarment, and declared <br />ineligible, or voluntarily excluded from covered transactions by any Federal <br />department or agency. <br />ii. Have not within a three-year period preceding this Grant, been convicted of or had a <br />civil judgment rendered against them for commission of fraud or a criminal offense <br />in connection with obtaining, attempting to obtain, or performing a public or priva te <br />agreement or transaction, violation of Federal or State antitrust statutes or <br />commission of embezzlement, theft, forgery, bribery, falsification or destruction of <br />records, making false statements, tax evasion, receiving stolen property, making <br />false claims, or obstruction of justice; <br />iii. Are not presently indicted for or otherwise criminally or civilly charged by a <br />governmental entity (Federal, State, or local) with commission of any of the offenses <br />enumerated in paragraph (1)(b) of federal Executive Order 12549; and <br />iv. Have not within a three-year period preceding the signing of this Grant had one or <br />more public transactions (Federal, State, or local) terminated for cause of default. <br />B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee <br />shall attach an explanation to this Grant. <br />C. The Grantee agrees by signing this Grant that 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 <br />COMMERCE. <br />D. The Grantee further agrees by signing this Grant that it will include the clause titled <br />“Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower <br />Tier Covered Transaction,” as follows, without modification, in all lower tier covered <br />transactions and in all solicitations for lower tier covered transactions: <br />LOWER TIER COVERED TRANSACTIONS <br />i. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is <br />presently debarred, suspended, proposed for debarment, declared ineligible, or <br />voluntarily excluded from participation in this transaction by any Federal department or <br />agency. <br />ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, <br />such Grantee shall attach an explanation to this Grant. <br />E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered <br />transaction, person, primary covered transaction, principal, and voluntarily excluded, <br />as used in this section, have the meanings set out in the Definitions and Coverage sections <br />of the rules implementing Executive Order 12549. You may contact COMMERCE for <br />assistance in obtaining a copy of these regulations. <br />11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION <br />A. “Confidential Information” as used in this section includes: <br /> <br />i. All material provided to the Grantee by COMMERCE that is designated as <br />“confidential” by COMMERCE; <br /> <br />ii. All material produced by the Grantee that is designated as “confidential” by <br />COMMERCE; and <br /> <br />DocuSign Envelope ID: 415ECE6B-E278-4AB4-AE0E-30A176106E11