ATTACHMENT J - SUSPENSION AND DEBARMENT CERTIFICATION.pdf

ATTACHMENT J

SUSPENSION AND DEBARMENT CERTIFICATION

NOTE: This cer�ficate must be completed for all new and renewal contract years when the contract exceeds $100,000.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION –

LOWER TIER COVERED TRANSACTIONS

This cer�fica�on is required by the regula�ons implemen�ng Execu�ve Order 12549, Debarment and Suspension, Title 7 CFR Part 3017, Sec�on 3017.510, Par�cipants' responsibili�es. The regula�ons were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of the regula�ons may be obtained by contac�ng the Department of Agriculture agency with which this transac�on originated.

(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS BELOW)

(1) The prospec�ve lower �er par�cipant cer�fies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from par�cipa�on in this transac�on by any Federal department or agency.

(2) Where the prospec�ve lower �er par�cipant is unable to cer�fy to any of the statements in this cer�fica�on, such prospec�ve par�cipant shall atach an explanation to this proposal.

Organiza�on Name PR/Award Number or Project Name

Names(s) and Title(s) of Authorized Representa�ve(s)

Signature(s) Date

Suspension and Debarment Instruc�ons for Cer�fica�on

1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the reverse side in accordance with these instructions.

2. The cer�fica�on in this clause is a material representa�on of fact upon which reliance was placed when this transac�on was entered into. If it is later determined that the prospec�ve lower �er par�cipant knowingly rendered an erroneous cer�fica�on, in addi�on to other remedies available to the Federal Government, the department or agency with which this transac�on originated may pursue available remedies, including suspension and/or debarment.

3. The prospec�ve lower �er par�cipant shall provide immediate writen no�ce to the person to whom this proposal is submited if at any �me the prospec�ve lower �er par�cipant learns that its cer�fica�on was erroneous when submited or has become erroneous by reason of changed circumstances.

4. The terms "covered transac�on," "debarred," "suspended," "ineligible," "lower �er covered transaction,"

"participant" "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Defini�ons and Coverage sec�ons of rules implemen�ng Execu�ve Order 12549. You may contact the person to which this proposal is submited for assistance in obtaining a copy of those regula�ons.

5. The prospec�ve lower �er par�cipant agrees by submi�ng this form that, should the proposed covered transac�on be entered into, it shall not knowingly enter into any lower �er covered transac�on with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from par�cipa�on in this covered transac�on, unless authorized by the department or agency with which this transac�on originated.

6. The prospec�ve lower �er par�cipant further agrees by submi�ng this form that it will include this clause �tled

"Cer�fica�on Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modifica�on, in all lower �er covered transac�ons and in all solicita�ons for lower �er covered transac�ons.

7. A par�cipant in a covered transac�on may rely upon a cer�fica�on of a prospec�ve par�cipant in a lower �er covered transac�on that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A par�cipant may decide the method and frequency by which it determines the eligibility of its principals. Each par�cipant may, but is not required to, check the Non-procurement 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 cer�fica�on required by this clause. The knowledge and informa�on of a par�cipant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transac�ons authorized under paragraph 5 of these instruc�ons, if a par�cipant in a covered transac�on knowingly enters into a lower �er covered transac�on with a person who is suspended, debarred, ineligible, or voluntarily excluded from par�cipa�on in this transaction, in addi�on to other remedies available to the Federal Government, the department or agency with which this transac�on originated may pursue available remedies, including suspension and/or debarment.