04-23 September 2004
D - Debarment And Suspension Certification
INSTRUCTIONS ON CERTIFICATION REGARDING
DEBARMENT AND SUSPENSION
By electronically signing and submitting this
proposal, the prospective primary participant is providing
the certification set out below.
The inability of a person to provide
the certification required below will not necessarily result
in denial of participation in this 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.
The certification in
this clause is any 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.
primary participant shall provide immediate written notice
to the department or agency to whom 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.
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.
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 transaction
with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency
entering into this transaction.
The prospective primary
participant further agrees by submitting this proposal 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.
in a covered transaction may rely upon a certification
of a prospective participant in a lower tier covered transaction
that it is not 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 Nonprocurement List.
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
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 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.
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 from a covered transaction
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.
prospective primary participant is unable to certify to any
of the statements in this certification, such prospective participant
shall include an explanation with this proposal.