7-EXHIBIT 5 Government-Wide Debarment Certification.pdf

Source:

23 CFR Part 1200, Appendix. A - CERTIFICATION AND ASSURANCES FOR HIGHWAY SAFETY GRANTS FTA Best Practices Procurement & Lessons Learned Manual, October 2016 Current as of 9/16/21

EXHIBIT 5: GOVERNMENT-WIDE DEBARMENT CERTIFICATION

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION CERTIFICATION

(FOR PROCUREMENTS OF $25,000 OR GREATER)

By signing and submitting this proposal, the Contractor/Subcontractor is providing the certification set out below:

1. 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 Contractor/Subcontractor 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.

2. The Contractor/Subcontractor shall provide immediate written notice to the person to which this proposal is submitted if at any time the Contractor/Subcontractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

3. 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 Definition and Coverage sections of 49 CFR Part

29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

4. The Contractor/Subcontractor 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 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.

5. The Contractor/Subcontractor further agrees by submitting this proposal that it will include the 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. (See below)

6. 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 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 List of Parties Excluded from Federal Procurement and Non-procurement Programs.

7. 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.

8. 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

Source:

23 CFR Part 1200, Appendix. A - CERTIFICATION AND ASSURANCES FOR HIGHWAY SAFETY GRANTS FTA Best Practices Procurement & Lessons Learned Manual, October 2016 Current as of 9/16/21 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/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions:

1. The Contractor/Subcontractor 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.

2. Where the Contractor/Subcontractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

3. Contractor certifies that it will comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while its offer is valid and throughout the period of any contract that may arise from its offer. Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

This certification is a material representation of fact relied upon by County. If it is later determined by County or any Federal Government that Contractor/Subcontractor knowingly rendered an erroneous certification, in addition to remedies available to County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

(Date) Authorized Signature

Print Name: ______________________________________________

Print Title: _______________________________________________

Company Name: __________________________________________

Instructions: The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R.

part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount.