2024/02/28 Council Agenda Packet

OSOS No. I-8051 EXHIBIT A CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 45 CFR Part 1185, Section 1185.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160- 19211). 1. The prospec�ve lower �er par�cipant cer�fies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from par�cipa�on in this transac�on by any Federal department or agency. 2. Where the prospec�ve lower �er par�cipant is unable to cer�fy to any of the statements in this cer�fica�on, such prospec�ve par�cipant shall atach an explana�on to this certification. 3. This cer�fica�on is a material representa�on of fact upon which reliance was placed when the covered transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 4. The prospective lower tier participant shall provide immediate written notice if at any time the prospec�ve lower �er par�cipant learns that its cer�fica�on was erroneous when submited 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 herein, have the meanings set out in the Defini�ons and Coverage sec�ons of rules implemen�ng Execu�ve Order 12549. 6. The prospec�ve lower �er par�cipant agrees that, should the proposed covered transac�on be entered into, it shall not knowingly enter into any lower �er covered transaction with a person which is debarred, suspended, declared ineligible, or voluntarily excluded from par�cipa�on in this covered transac�on, unless authorized by the department or agency with which this transac�on originated. 7. The prospec�ve lower �er par�cipant further agrees that it will include the clause �tled "Certification Regarding Debarment Suspension, Ineligibility, and Voluntary Exclusion -- Lower Tier Covered Transac�ons," without modifica�on, in all lower �er covered transac�ons and in all solicita�ons for lower �er covered transac�ons. 8. A par�cipant in a covered transac�on may rely upon a cer�fica�on of a prospec�ve participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transac�on, unless it knows that the cer�fica�on is erroneous. A par�cipant may decide the method and frequency by which it determines the eligibility of its principals. Each par�cipant may, but is not required to, check the Non- procurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render this cer�fica�on in good faith. The knowledge and informa�on of a par�cipant 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 5 of these instructions, if a participant in a covered transac�on knowingly enters into a lower �er covered transac�on with a person which is suspended, debarred, ineligible, or voluntary excluded from par�cipa�on in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transac�on originated may pursue available remedies, including suspension and/or debarment. Page 26 of 29