Common use of Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Clause in Contracts

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions. Instructions for certification: By signing and submitting this proposal, the prospective lower tier participant [responder] 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 debarment. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal [response] is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had 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 meaning set out in the Definitions and Coverages section 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 response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction [subcontract equal to or exceeding $25,000] with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, 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 this clause titled, “Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transaction,” 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 proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, 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 list of parties excluded from federal procurement and nonprocurement programs. 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 proposed for debarment under 48 CFR part 9, subpart 9.4, 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 debarment. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is 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.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions. Instructions for certification: By signing and submitting this proposal, the prospective lower tier participant [responder] is providing the certification set out below. a. 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 Contractor 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 and/or debarment. . b. The prospective lower tier participant Contractor shall provide immediate written notice to the person to whom this proposal [response] document is submitted if at any time the prospective lower tier participant Contractor learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. . c. The terms covered transaction, debarred, suspended, ineligible ineligible, lower tier covered transaction, participant, person, primary covered transaction, principalprinciple, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages section Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal document is submitted for assistance in obtaining a copy of those regulations. . d. The prospective lower tier participant Contractor agrees by submitting this response document that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction [subcontract equal to or exceeding $25,000] with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department Agency or agency with which this transaction originated. . e. The prospective lower tier participant Contractor further agrees by submitting this proposal document that it will include this clause titled, titled “Certification Regarding Debarment, Suspension, Ineligibility, Ineligibility and Voluntary Exclusion – Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. . f. 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 proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, 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 A participant may, but is not required to, check the list List of parties excluded Parties Excluded from federal procurement Federal Procurement and nonprocurement programs. Nonprocurement Programs. g. 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. . h. Except for transactions authorized under paragraph 5 d of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal federal government, the department Agency or agency with which this transaction originated may pursue available remedies, including suspension and and/or debarment. 1. The prospective lower tier participant Contractor certifies, by submission of this proposaldocument, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal federal department or agency. 2. Where the prospective lower tier participant Contractor is unable to certify to any of the statements in this certification, such prospective participant Contractor shall attach an explanation to this proposaldocument.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions. Instructions for certification: By signing and submitting this its proposal, Contractor provided the certification set out below and reaffirms it by executing the Agreement. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this Agreement. The prospective lower tier participant [responder] is providing 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 determination of SANDAG whether to enter into this Agreement. Contractor’s failure to furnish a certification or an explanation shall disqualify such firm/person from participation in this clause Agreement. • The certification in this subsection is a material representation of fact upon which reliance was placed when SANDAG determined to enter into this transaction was entered intotransaction. If it is later determined that the prospective lower tier participant Contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department Caltrans, or agency with which SANDAG may terminate this transaction originated may pursue available remedies, including suspension and debarmentAgreement for cause of default. The prospective lower tier participant • Contractor shall provide immediate written notice to the person to whom this proposal [response] is submitted SANDAG if at any time the prospective lower tier participant Contractor learns that its certification was erroneous when submitted or had has become erroneous by reason of changed circumstances. • The terms "covered transaction, ," "debarred, ," "suspended, ineligible ," "ineligible," "lower tier covered transaction, ," "participant, ," "person, ," "primary covered transaction, ," "principal, ," "proposal, ," and "voluntarily excluded, ," as used in this clausesubsection and the Debarment and Suspension Certificate, which is Part 3 of the Certifications for Federally Funded Contracts, have the meaning meanings set out in the Definitions and Coverages section Coverage sections of rules implementing Executive Order 1254912549 (Xxxxxx, 1986). You Contractor may contact the person to which this proposal is submitted SANDAG for assistance in obtaining a copy of those regulations. The prospective lower tier participant • Contractor agrees by submitting this response that, should the proposed covered transaction be entered into, that it shall not knowingly enter into any lower tier covered transaction [subcontract equal to or exceeding $25,000] with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transactionAgreement, unless authorized by the department or agency with which this transaction originatedSANDAG. The prospective lower tier participant • Contractor further agrees by submitting this proposal that it will include this the clause titled, “titled "Certification Regarding Debarment, Suspension, Ineligibility, Ineligibility and Voluntary Exclusion – Exclusion-Lower Tier Covered Transaction,” " provided in this Agreement, 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 proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transactionstransaction, 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 list non- procurement portion of parties excluded from federal the "Lists of Parties Excluded From Federal Procurement or Non- procurement and nonprocurement programsPrograms" (Non-procurement List) which is compiled by the General Services Administration. • 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 instructionsby XXXXXX, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal federal government, SANDAG may terminate the department Agreement for cause or agency with which this transaction originated may pursue available remedies, including suspension and debarment. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is 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 proposaldefault.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions. Instructions for certification: By signing and submitting this its proposal, Contractor provided the certification set out below and reaffirms it by executing the Agreement. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this Agreement. The prospective lower tier participant [responder] is providing 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 determination of SANDAG whether to enter into this Agreement. Contractor’s failure to furnish a certification or an explanation shall disqualify such firm/person from participation in this clause Agreement. • The certification in this subsection is a material representation of fact upon which reliance was placed when SANDAG determined to enter into this transaction was entered intotransaction. If it is later determined that the prospective lower tier participant Contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department Caltrans, or agency with which SANDAG may terminate this transaction originated may pursue available remedies, including suspension and debarmentAgreement for cause of default. The prospective lower tier participant • Contractor shall provide immediate written notice to the person to whom this proposal [response] is submitted SANDAG if at any time the prospective lower tier participant Contractor learns that its certification was erroneous when submitted or had has become erroneous by reason of changed circumstances. • The terms "covered transaction, ," "debarred, ," "suspended, ineligible ," "ineligible," "lower tier covered transaction, ," "participant, ," "person, ," "primary covered transaction, ," "principal, ," "proposal, ," and "voluntarily excluded, ," as used in this clausesubsection and the Debarment and Suspension Certificate, which is Part 3 of the Certifications for Federally Funded Contracts, have the meaning meanings set out in the Definitions and Coverages section Coverage sections of rules implementing Executive Order 1254912549 (Xxxxxx, 1986). You Contractor may contact the person to which this proposal is submitted SANDAG for assistance in obtaining a copy of those regulations. The prospective lower tier participant • Contractor agrees by submitting this response that, should the proposed covered transaction be entered into, that it shall not knowingly enter into any lower tier covered transaction [subcontract equal to or exceeding $25,000] with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transactionAgreement, unless authorized by the department or agency with which this transaction originatedSANDAG. The prospective lower tier participant • Contractor further agrees by submitting this proposal that it will include this the clause titled, “titled "Certification Regarding Debarment, Suspension, Ineligibility, Ineligibility and Voluntary Exclusion – Exclusion-Lower Tier Covered Transaction,” " provided in this Agreement, 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 proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transactionstransaction, 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 list non- procurement portion of parties excluded from federal the "Lists of Parties Excluded From Federal Procurement or Non- procurement and nonprocurement programsPrograms" (Non-procurement List) which is compiled by the General Services Administration. • 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 instructionsby SANDAG, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal federal government, SANDAG may terminate the department Agreement for cause or agency with which this transaction originated may pursue available remedies, including suspension and debarment. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is 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 proposaldefault.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions1. Instructions for certification: Certification - Primary Covered Transactions: a. By signing and submitting this proposal, the prospective lower tier primary participant [responder] is providing the certification set out below. b. The inability of a person to provide the certification set out 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 a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction was entered intotransaction. If it is later determined that the prospective lower tier primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal governmentFederal Government, the department or agency with which may terminate this transaction originated may pursue available remedies, including suspension and debarment. for cause of default. d. The prospective lower tier primary participant shall provide immediate written notice to the person department or agency to whom this proposal [response] is submitted if at any time the prospective lower tier primary participant learns that its certification was erroneous when submitted or had has become erroneous by reason of changed circumstances. . e. The terms "covered transaction, ," "debarred, ," "suspended, ineligible ," "ineligible," "lower tier covered transaction, ," "participant, ," "person, ," "primary covered transaction, ," "principal, ," "proposal, ," and "voluntarily excluded, ," as used in this clause, have the meaning meanings set out in the Definitions and Coverages section Coverage sections of rules implementing Executive Order 12549. You may contact the person department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. . f. The prospective lower tier primary participant agrees by submitting this response proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction [subcontract equal to or exceeding $25,000] with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which entering into this transaction originated. transaction. g. The prospective lower tier primary participant further agrees by submitting this proposal that it will include this the clause titled, “titled "Certification Regarding Debarment, Suspension, Ineligibility, Ineligibility and Voluntary Exclusion – Exclusion-Lower Tier Covered Transaction,” " provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. . h. 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 proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transactionstransaction, 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 list nonprocurement portion of parties excluded from federal procurement and nonprocurement programs. the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. 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. . j. Except for transactions authorized under paragraph 5 f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal governmentGovernment, the department or agency with which may terminate this transaction originated may pursue available remedies, including suspension and debarmentfor cause or default. 1. The prospective lower tier primary participant certifies, by submission certifies to the best of this proposalits knowledge and belief, that neither it nor and its principals is principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction covered transactions by any Federal department or agency; b. Have not within a 3-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 1b of this certification; and d. Have not within a 3-year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective lower tier primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.