|
commission of any of the offenses enumerated in subsection (b), above; and d) have not within a three-year
<br /> period preceding this Agreement had one or more public transactions (federal,state or local)terminated for cause
<br /> or default.
<br /> The inability of the GOVERNMENTAL BODY to certify to the certification in this section will not necessarily result
<br /> in denial of participation in this Agreement. The GOVERNMENTAL BODY shall submit an explanation of why it
<br /> cannot provide the certification in this section. This certification is a material representation of fact upon which
<br /> reliance was placed when the DEPARTMENT determined whether to enter into this transaction. If it is later
<br /> determined that the GOVERNMENTAL BODY knowingly rendered an erroneous certification, in addition to other
<br /> remedies available to the federal government,the DEPARTMENT may terminate this Agreement for cause. The
<br /> GOVERNMENTAL BODY shall provide immediate written notice to the DEPARTMENT if at any time the
<br /> GOVERNMENTAL BODY learns that its certification was erroneous when submitted or has become erroneous by
<br /> reason of changed circumstances. The terms"covered transaction,""debarred,""suspended,""ineligible," "lower
<br /> tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
<br /> "voluntarily excluded," as used in this Part shall have the meaning set out in the Definitions and Coverage
<br /> sections of the rules implementing Executive Order 12549.
<br /> The GOVERNMENTAL BODY agrees that it shall not knowingly enter into any lower tier covered transaction with
<br /> a person who is debarred,suspended,declared ineligible or voluntarily excluded from participation in this covered
<br /> transaction,unless authorized,in wilting,by the DEPARTMENT. The GOVERNMENTAL BODY agrees that it will
<br /> include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
<br /> Lower Tier Covered Transaction," provided by the DEPARTMENT, without modification, in all lower tier covered
<br /> transactions and in all solicitations for lower tier covered transactions. The GOVERNMENTAL BODY may rely
<br /> upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,
<br /> suspended, ineligible or voluntarily excluded from the covered transaction, unless the GOVERNMENTAL BODY
<br /> knows the certification is erroneous. The GOVERNMENTAL BODY may decide the method and frequency by
<br /> which it determines the eligibility of its principals. The GOVERNMENTAL BODY may, but is not required to,
<br /> check the Non-procurement List. If the GOVERNMENTAL BODY knowingly enters into a lower tier covered
<br /> transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation, in
<br /> addition to other remedies available to the federal government,the DEPARTMENT may terminate this Agreement
<br /> for cause or default.
<br /> Nothing contained in this section shall be construed to require establishment of a system of records in order to
<br /> render in good faith the certification required by this section. The knowledge and information of the
<br /> GOVERNMENTAL BODY is not required to exceed that which is normally possessed by a prudent person in the
<br /> ordinary course of business dealings.
<br /> G. Single Audit. The Single Audit Act of 1984 (Public Law 98-502) and the Single Audit Amendments of
<br /> 1996 (P.L. 104156)require the following:
<br /> 1. State or local governments that expend $500,000 or more a year in federal financial assistance
<br /> shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No.
<br /> A-133.
<br /> 2. State or local governments that expend less than $500,000 a year shall be exempt from
<br /> compliance with the Act and other federal requirements.
<br /> 3. Nothing in this paragraph exempts state or local governments from maintaining records of federal
<br /> financial assistance or from providing access to such records to federal Agencies, as provided for in
<br /> federal taw or in Circular A-133"Audits of States,Local Governments and Nan-Profit Organizations."
<br /> 4. A copy of the audit report must be submitted to the DEPARTMENT within 30 days after
<br /> completion of the audit, but no later than one year after the end of the GOVERNMENTAL BODY'S fiscal
<br /> year.
<br /> H. Drug Free Workplace. The GOVERNMENTAL BODY certifies that it will comply with the requirements
<br /> of the federal Drug Free Workplace Act,41 U.S.C.702 as amended,and 49 CFR 32.
<br /> I. Disadvantaged Business Enterprise Assurance. In accordance with 49 CFR 26.13(a), as amended,
<br /> the GOVERNMENTAL BODY assures that it shall not discriminate on the basis of race, color, national origin, or
<br /> sex in the implementation of the project and in the award and performance of any third party contract, or
<br /> subagreement supported with Federal assistance derived from the U.S. DOT or in the administration of its
<br /> Disadvantaged Business Enterprise (DBE) program or the requirements of 49 CFR Part 26, as amended. The
<br /> Prinked 8111/2014 Page 6 of 17 MPJ-Decatur MIP Transportation Study 2015BoBS1029
<br /> BOBS 9073(Rev.07111/14)
<br />
|