4-Debarment Certification Docs.pdf

Certification Regarding Debarment, Suspension, and Other Responsibility Matters

This certification is required in accordance with §2.2-4321.1 of the Code of Virginia, Virginia Public Procurement Act (VPPA).

(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE)

(1) The prospective primary participant certifies to the best of its knowledge and belief that it and its Board:

(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by the Commonwealth of Virginia and any public body or agency;

(b) Have not within a three (3) year period preceding this application 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 (3) year period preceding this application had one (1) or more public transactions (Federal, State, or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this proposal.

Organization Name: ____________________________________________________

Date: _______________________________________

Name and Title of Authorized Representative

Signature of Authorized Representative

Revised 3-25-24

INSTRUCTIONS FOR DEBARRMENT CERTIFICATION

1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this solicitation. 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.

3. 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. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to Portsmouth Public Schools (PPS), the department or agency may terminate this transaction for cause or default.

4. The prospective primary participant shall provide immediate written notice to the department or agency to which this bid/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.

5. The prospective primary participant agrees by submitting this bid/proposal that, should the proposed solicitation be entered into, it shall not knowingly enter into any transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this solicitation, unless authorized by the department or agency entering into this solicitation.

6. The prospective primary participant further agrees by submitting this bid/proposal that it will include Appendix E "Certification Regarding Debarment, Suspension, & Other Responsibility Matters," provided by the PPS department or agency entering into this solicitation, without modification, in all transactions and in all solicitations for small purchases.

7. A participant in a solicitation may rely upon a certification of a prospective participant in solicitation process that it is not debarred, suspended, ineligible, or voluntarily excluded from the contract award, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the eVA Debarment List.

8. 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.

9. If a participant in a solicitation knowingly enters into a small purchase solicitation with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this solicitation, in addition to other remedies available to Portsmouth Public Schools, the department or agency may terminate this transaction for cause or default.