Notice of Funding Opportunity – 19
e. The terms covered transaction, civil judgment, debarment, suspension, ineligible,
participant, person, principal, and voluntarily excluded, as used in this clause, are
defined in 2 C.F.R. Parts 180, 1200 and 1326. You may contact the department or
agency to which this proposal is being submitted for assistance in obtaining a
copy of those regulations.
f. The prospective primary tier participant 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 C.F.R. 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 entering into this transaction.
g. The prospective primary tier participant further agrees by submitting this proposal
that it will include the clause titled "Instructions for Lower Tier Participant
Certification" including the "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary 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 and will require lower tier participants to comply
with 2 C.F.R. Parts 180, 1200 and 1326.
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 C.F.R. 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 is responsible for ensuring that its
principals are not suspended, debarred, or otherwise ineligible to participate in
covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower tier participants, each participant may, but is
not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
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 6 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 C.F.R. 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 may terminate the transaction for
cause or default.
2. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -
Primary Tier Covered Transactions: