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Instructions for Primary Tier Participant Certification (States)
<br /> 1. By signing and submitting this proposal, the prospective primary tier participant is providing the
<br /> certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
<br /> 2. The inability of a person to provide the certification required below will not necessarily result in denial
<br /> of participation in this covered transaction. The prospective primary tier participant shall submit an
<br /> explanation of why it cannot provide the certification set out below. The certification or explanation will
<br /> be considered in connection with the department or agency's determination whether to enter into this
<br /> transaction. However, failure of the prospective primary tier participant to furnish a certification or an
<br /> explanation shall disqualify such person from participation in this transaction.
<br /> 3. The certification in this clause is a material representation of fact upon which reliance was placed
<br /> when the department or agency determined to enter into this transaction. If it is later determined that
<br /> the prospective primary tier participant knowingly rendered an erroneous certification, in addition to
<br /> other remedies available to the Federal Government, the department or agency may terminate this
<br /> transaction for cause or default or may pursue suspension or debarment.
<br /> 4. The prospective primary tier participant shall provide immediate written notice to the department or
<br /> agency to which this proposal is submitted if at any time the prospective primary tier participant learns
<br /> its certification was erroneous when submitted or has become erroneous by reason of changed
<br /> circumstances.
<br /> 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
<br /> principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
<br /> You may contact the department or agency to which this proposal is being submitted for assistance in
<br /> obtaining a copy of those regulations.
<br /> 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed
<br /> covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction
<br /> with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
<br /> suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
<br /> unless authorized by the department or agency entering into this transaction.
<br /> 7. The prospective primary tier participant further agrees by submitting this proposal that it will include
<br /> the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification
<br /> Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered
<br /> Transaction," provided by the department or agency entering into this covered transaction, without
<br /> modification, in all lower tier covered transactions and in all solicitations for lower tier covered
<br /> transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
<br /> 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a
<br /> lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
<br /> debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows
<br /> that the certification is erroneous. A participant is responsible for ensuring that its principals are not
<br /> suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the
<br /> eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each
<br /> participant may, but is not required to, check the System for Award Management Exclusions website
<br /> (hftps://www.sam.clov/).
<br /> 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records
<br /> in order to render in good faith the certification required by this clause. The knowledge and
<br /> information of a participant is not required to exceed that which is normally possessed by a prudent
<br /> person in the ordinary course of business dealings.
<br /> 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
<br /> transaction knowingly enters into a lower tier covered transaction with a person who is proposed for
<br /> debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded
<br /> from participation in this transaction, in addition to other remedies available to the Federal government,
<br /> the department or agency may terminate the transaction for cause or default.
<br /> Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered
<br /> Transactions
<br /> (l) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its
<br /> principals:
<br /> (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
<br /> excluded from participating in covered transactions by any Federal department or agency;
<br /> (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
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