Common use of Certification Regarding Debarment, Suspension, and Other Responsibility Matters Clause in Contracts

Certification Regarding Debarment, Suspension, and Other Responsibility Matters. The Contractor certifies to the best of its knowledge that they and their principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal or state department or agency. 2. Have not within a three-year period preceding this Agreement been convicted of or had 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. 3. 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 28 CFR 67, et sec. 4. Have not within a three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause and default. Where the parties are unable to certify to any of the statements in this certification, the Contractor shall attach an explanation to this Agreement. The Contractor shall promptly notify DHS of any criminal litigation, investigations or proceeding which may have arisen or may arise involving the Contractor or any of the Contractor’s subcontractors, or any of the foregoing entities’ then current officers or directors during the term of this Agreement and three years thereafter. All notices shall be provided in writing to DHS within 15 business days after the Contractor learns about any such criminal or civil investigations and within 15 days after the commencement of any proceeding, litigation, or arbitration, as otherwise applicable. Details of settlements, which are prevented from disclosure by the terms of the settlement, shall be annotated as such. However, the Contractor shall disclose if any terms of such settlement would impede the Contractor’s performance of this Agreement. The Contractor may rely on similar good faith certifications of its subcontractors, which certification shall be available for inspection at the option of DHS. The Contractor certifies to the best of its knowledge that within the past three years, the Contractor has not; 1. Failed to substantially perform a state contract or subcontract according to its terms, conditions, and specifications within specified time limits. 2. Refused to provide information or documents required by a contract including, but not limited to information or documents necessary for monitoring contract performance. 3. Failed to respond to requests for information regarding contract compliance, or accumulated repeated substantiated complaints regarding performance of a contract. 4. Failed to perform a state contract or subcontract in a manner consistent with any applicable state or federal law, rule, regulation, order, or decree. The Contractor shall include Section L. (Certification Regarding Debarment, Suspension, and Other Responsibility Matters) language as written above in all subcontracts with other parties. The Contractor shall require each primary subcontractor, whose subcontract will exceed $25,000, to disclose to the Contractor, in writing, whether at of the time of the award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the state of Michigan. The Contractor shall then inform DHS of the subcontractor’s status and reasons for the Contractor’s decision to use such subcontractor, if the Contractor so decides. If it is determined that the Contractor knowingly rendered an erroneous certification under this provision, in addition to the other remedies available to the state, DHS may immediately terminate this Agreement. If the state finds that grounds to debar exist, it shall send notice to the Contractor of proposed debarment indicating the grounds for proposed debarment and the procedures for requesting a hearing. If the Contractor does not respond with a written request for a hearing within 20 calendar days, the state shall issue the decision to debar without a hearing. The debarment period may be of any length up to eight years. After the debarment period expires, the Contractor may reapply for inclusion on bidder lists through the regular application process by authority of Executive Order 2003-1.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters. The Contractor certifies to the best of its knowledge that they and their principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal or state department or agency. 2. Have not within a three-year period preceding this Agreement been convicted of or had 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. 3. 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 28 CFR 67, et sec. 4. Have not within a three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause and default. Where the parties are unable to certify to any of the statements in this certification, the Contractor shall attach an explanation to this Agreement. The To the extent known to the Contractor, the Contractor shall promptly notify DHS of any criminal litigation, investigations or proceeding which may have arisen or may arise involving the Contractor or any of the Contractor’s subcontractors, or any of the foregoing entities’ then current officers or directors during the term of this Agreement and three years thereafter. All notices shall be provided in writing to DHS within 15 business days after the Contractor learns about any such criminal or civil investigations and within 15 days after the commencement of any proceeding, litigation, or arbitration, as otherwise applicable. Details of settlements, which are prevented from disclosure by the terms of the settlement, shall be annotated as such. However, the Contractor shall disclose if any terms of such settlement would impede the Contractor’s performance of this Agreement. The Contractor may rely on similar good faith certifications of its subcontractors, which certification shall be available for inspection at the option of DHS. The Contractor certifies to the best of its knowledge that within the past three years, the Contractor has not; 1. Failed to substantially perform a state contract or subcontract according to its terms, conditions, and specifications within specified time limits. 2. Refused to provide information or documents required by a contract including, but not limited to information or documents necessary for monitoring contract performance. 3. Failed to respond to requests for information regarding contract compliance, or accumulated repeated substantiated complaints regarding performance of a contract. 4. Failed to perform a state contract or subcontract in a manner consistent with any applicable state or federal law, rule, regulation, order, or decree. The Contractor shall include Section L. (Certification Regarding Debarment, Suspension, and Other Responsibility Matters) language as written above in all subcontracts with other parties. The Contractor shall require each primary subcontractor, whose subcontract will exceed $25,000, to disclose to the Contractor, in writing, whether at of the time of the award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the state of Michigan. The Contractor shall then inform DHS of the subcontractor’s status and reasons for the Contractor’s decision to use such subcontractor, if the Contractor so decides. If it is determined that the Contractor knowingly rendered an erroneous certification under this provision, in addition to the other remedies available to the state, DHS may immediately terminate this Agreement. If the state finds that grounds to debar exist, it shall send notice to the Contractor of proposed debarment indicating the grounds for proposed debarment and the procedures for requesting a hearing. If the Contractor does not respond with a written request for a hearing within 20 calendar days, the state shall issue the decision to debar without a hearing. The debarment period may be of any length up to eight years. After the debarment period expires, the Contractor may reapply for inclusion on bidder lists through the regular application process by authority of Executive Order 2003-1.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters. The Contractor Grantee certifies to the best of its knowledge knowledge, that they and their principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal or state department or agency. 2. Have not within a three-year period preceding this Agreement been convicted of or had 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. 3. 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 28 CFR 67, et sec. 4. Have not within a three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause and default. Where the parties are unable to certify to any of the statements in this certification, the Contractor Grantee shall attach an explanation to this Agreement. The Contractor Grantee shall promptly notify DHS of any criminal litigation, investigations or proceeding which may have arisen or may arise involving the Contractor Grantee or any of the ContractorGrantee’s subcontractors, or any of the foregoing entities’ then current officers or directors during the term of this Agreement and three years thereafter. All notices shall be provided in writing to DHS within 15 fifteen business days after the Contractor Grantee learns about any such criminal or civil investigations and within 15 fifteen days after the commencement of any proceeding, litigation, or arbitration, as otherwise applicable. Details of settlements, which are prevented from disclosure by the terms of the settlement, shall be annotated as such. However, the Contractor Grantee shall disclose if any terms of such settlement would impede the ContractorGrantee’s performance of this Agreement. The Contractor Grantee may rely on similar good faith certifications of its subcontractors, which certification shall be available for inspection at the option of DHS. The Contractor Grantee certifies to the best of its knowledge that within the past three years, the Contractor Grantee has not; 1. Failed to substantially perform a state contract or subcontract according to its terms, conditions, and specifications within specified time limits. 2. Refused to provide information or documents required by a contract including, but not limited to information or documents necessary for monitoring contract performance. 3. Failed to respond to requests for information regarding contract compliance, or accumulated repeated substantiated complaints regarding performance of a contract. 4. Failed to perform a state contract or subcontract in a manner consistent with any applicable state or federal law, rule, regulation, order, or decree. The Contractor shall include Section L. (Certification Regarding Debarment, Suspension, and Other Responsibility Matters) language as written above in all subcontracts with other parties. The Contractor shall require each primary subcontractor, whose subcontract will exceed $25,000, to disclose to the Contractor, in writing, whether at of the time of the award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the state of Michigan. The Contractor shall then inform DHS of the subcontractor’s status and reasons for the Contractor’s decision to use such subcontractor, if the Contractor so decides. If it is determined that the Contractor knowingly rendered an erroneous certification under this provision, in addition to the other remedies available to the state, DHS may immediately terminate this Agreement. If the state finds that grounds to debar exist, it shall send notice to the Contractor of proposed debarment indicating the grounds for proposed debarment and the procedures for requesting a hearing. If the Contractor does not respond with a written request for a hearing within 20 calendar days, the state shall issue the decision to debar without a hearing. The debarment period may be of any length up to eight years. After the debarment period expires, the Contractor may reapply for inclusion on bidder lists through the regular application process by authority of Executive Order 2003-1.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters. The Contractor Subcontractor certifies to the best of its knowledge that they and their principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal or state department or agency. 2. Have not within a three-year three-­‐year period preceding this Agreement been convicted of or had 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. 3. 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 28 CFR 67, et sec. 4. Have not within a three-year three-­‐year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause and default. Where the parties are unable to certify to any of the statements in this certification, the Contractor Subcontractor shall attach an explanation to this Agreement. The Contractor Subcontractor shall promptly notify DHS MFF of any criminal litigation, investigations or proceeding which may have arisen or may arise involving the Contractor Subcontractor or any of the ContractorSubcontractor’s subcontractorscontractors, or any of the foregoing entities’ then current officers or directors during the term of this Agreement and three years thereafter. All notices shall be provided in writing to DHS MFF within 15 business days after the Contractor Subcontractor learns about any such criminal or civil investigations and within 15 days after the commencement of any proceeding, litigation, or arbitration, as otherwise applicable. Details of settlements, which are prevented from disclosure by the terms of the settlement, shall be annotated as such. However, the Contractor Subcontractor shall disclose if any terms of such settlement would impede the ContractorSubcontractor’s performance of this Agreement. The Contractor Subcontractor may rely on similar good faith certifications of its subcontractorscontractors, which certification shall be available for inspection at the option of DHSMFF. The Contractor Subcontractor certifies to the best of its knowledge that within the past three years, the Contractor Subcontractor has not; 1. Failed to substantially perform a state contract or subcontract according to its terms, conditions, and specifications within specified time limits. 2. Refused to provide information or documents required by a contract including, but not limited to information or documents necessary for monitoring contract performance. 3. Failed to respond to requests for information regarding contract compliance, or accumulated repeated substantiated complaints regarding performance of a contract. 4. Failed to perform a state contract or subcontract in a manner consistent with any applicable state or federal law, rule, regulation, order, or decree. The Contractor Subcontractor shall include Section L. M. (Certification Regarding Debarment, Suspension, and Other Responsibility Matters) language as written above in all subcontracts with other parties. The Contractor Subcontractor shall require each primary subcontractorcontractor, whose subcontract will exceed $25,000, to disclose to the ContractorSubcontractor, in writing, whether at of the time of the award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the state of Michigan. The Contractor Subcontractor shall then inform DHS MFF of the subcontractor’s status and reasons for the ContractorSubcontractor’s decision to use such subcontractor, if the Contractor Subcontractor so decides. If it is determined that the Contractor Subcontractor knowingly rendered an erroneous certification under this provision, in addition to the other remedies available to the state, DHS MFF may immediately terminate this Agreement. If the state finds that grounds to debar exist, it shall send notice to the Contractor Subcontractor of proposed debarment indicating the grounds for proposed debarment and the procedures for requesting a hearing. If the Contractor Subcontractor does not respond with a written request for a hearing within 20 calendar days, the state shall issue the decision to debar without a hearing. The debarment period may be of any length up to eight years. After the debarment period expires, the Contractor Subcontractor may reapply for inclusion on bidder lists through the regular application process by authority of Executive Order 2003-12003-­‐1.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters. The Contractor certifies to the best of its knowledge that they and their principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal or state department or agency. 2. Have not within a three-year period preceding this Agreement been convicted of or had 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. 3. 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 28 CFR 67, et sec. 4. Have not within a three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause and default. Where the parties are unable to certify to any of the statements in this certification, the Contractor shall attach an explanation to this Agreement. The Contractor shall promptly notify DHS of any criminal litigation, investigations or proceeding which may have arisen or may arise involving the Contractor or any of the Contractor’s subcontractors, or any of the foregoing entities’ then current officers or directors during the term of this Agreement and three years thereafter. All notices shall be provided in writing to DHS within 15 business days after the Contractor learns about any such criminal or civil investigations and within 15 days after the commencement of any proceeding, litigation, or arbitration, as otherwise applicable. Details of settlements, which are prevented from disclosure by the terms of the settlement, shall be annotated as such. However, the Contractor shall disclose if any terms of such settlement would impede the Contractor’s performance of this Agreement. The Contractor may rely on similar good faith certifications of its subcontractors, which certification shall be available for inspection at the option of DHS. The Contractor certifies to the best of its knowledge that within the past three years, the Contractor has not; 1. Failed to substantially perform a state contract or subcontract according to its terms, conditions, and specifications within specified time limits. 2. Refused to provide information or documents required by a contract including, but not limited to information or documents necessary for monitoring contract performance. 3. Failed to respond to requests for information regarding contract compliance, or accumulated repeated substantiated complaints regarding performance of a contract. 4. Failed to perform a state contract or subcontract in a manner consistent with any applicable state or federal law, rule, regulation, order, or decree. The Contractor shall include Section L. O. (Certification Regarding Debarment, Suspension, and Other Responsibility Matters) language as written above in all subcontracts with other parties. The Contractor shall require each primary subcontractor, whose subcontract will exceed $25,000, to disclose to the Contractor, in writing, whether at of the time of the award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the state of Michigan. The Contractor shall then inform DHS of the subcontractor’s status and reasons for the Contractor’s decision to use such subcontractor, if the Contractor so decides. If it is determined that the Contractor knowingly rendered an erroneous certification under this provision, in addition to the other remedies available to the state, DHS may immediately terminate this Agreement. If the state finds that grounds to debar exist, it shall send notice to the Contractor of proposed debarment indicating the grounds for proposed debarment and the procedures for requesting a hearing. If the Contractor does not respond with a written request for a hearing within 20 calendar days, the state shall issue the decision to debar without a hearing. The debarment period may be of any length up to eight years. After the debarment period expires, the Contractor may reapply for inclusion on bidder lists through the regular application process by authority of Executive Order 2003-1.