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4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
<br /> transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily
<br /> excluded, as used in this clause, have the meanings set out in the Definition and Coverage
<br /> sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for
<br /> assistance in obtaining a copy of those regulations.
<br /> 5. The prospective lower tier 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 proposed for debarment under 48
<br /> CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
<br /> participation in this covered transaction, unless authorized by the department or agency with
<br /> which this transaction originated.
<br /> 6. The prospective lower tier participant further agrees by submitting this proposal that it will
<br /> include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
<br /> Voluntary Exclusion -- Lower Tier Covered Transaction,"without modification, in all lower tier
<br /> covered transactions and in all solicitations for lower tier covered transactions. (See below)
<br /> 7. A participant in a covered transaction may rely upon a certification of a prospective participant
<br /> in a lower tier covered transaction that it is not proposed for debarment under
<br /> 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the
<br /> covered transaction, unless it knows that the certification is erroneous. A participant may decide
<br /> the method and frequency by which it determines the eligibility of its principals. Each participant
<br /> may, but is not required to, check the List of Parties Excluded from Federal Procurement and
<br /> Non-procurement Programs.
<br /> 8. Nothing contained in the foregoing shall be construed to require establishment of a system of
<br /> records in order to render in good faith the certification required by this clause. The knowledge
<br /> and information of a participant is not required to exceed that which is normally possessed by a
<br /> prudent person in the ordinary course of business dealings.
<br /> 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in
<br /> a covered transaction knowingly enters into a lower tier covered transaction with a person who
<br /> is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible,
<br /> or voluntarily excluded from participation in this transaction, in addition to other remedies
<br /> available to the Federal government, the department or agency with which this transaction
<br /> originated may pursue available remedies, including suspension and/or debarment.
<br /> Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower
<br /> Tier Covered Transactions:
<br /> 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it
<br /> nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible,
<br /> or voluntarily excluded from participation in this transaction by any Federal department or
<br /> agency.
<br /> 2. Where the prospective lower tier participant is unable to certify to any of the statements in this
<br /> certification, such prospective participant shall attach an explanation to this proposal.
<br /> DISPUTES
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