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This certification is required by the U. S. Department of Education
regulations implementing Executive Order 12549, Debarment and
Suspension, 34 Code of Federal Regulations Part 85, for all lower tier transactions meeting
the threshold and tier requirements stated at Section 85.110.
Instructions for Certification
- By signing and submitting this proposal, the prospective lower
tier participant is providing the certification set out below.
- The certification in this clause is a material representation
of fact upon which reliance was placed when this 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.
- The prospective lower tier participant shall provide immediate
written notice to the person to which this proposal is submitted
if at any time the prospective lower tier participant learns that
its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
- The terms "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 rules implementing Executive Order 12549.
You may contact the person to which this proposal is submitted
for assistance in obtaining a copy of those regulations.
- The prospective lower tier 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 with which this transaction originated.
- The prospective lower tier participant further agrees by submitting
this proposal that it will include the clause titled A Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion-Lower Tier Covered Transactions, without modification,
in all lower tier covered transactions and in all solicitations
for lower tier covered transactions.
- A participant 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 business dealings.
- Except for transactions authorized under paragraph 5 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
with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
Certification
- The prospective lower tier participant certifies,
by submission of this proposal, that neither it nor its principals
are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
- Where the prospective lower tier participant
is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this
proposal.
Name of Applicant: ____________________________________________________________________
Name of Program: ____________________________________________________________________
Printed Name and Title of Authorized Representative: __________________________________________
Signature: ________________________________________________ Date:
______________________
ED 80-0014 (Revised Sep-1990) - U. S. Department of Education
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