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REQUIRED CLAUSES <br /> The Contractor must comply with all applicable Federal Transit Administration clauses <br /> including, but not limited to those listed in this Appendix. <br /> 1.0 INELIGIBLE CONTRACTOR <br /> A. The Contractor shall certify (Appendix B) that it is not presently debarred, suspended, <br /> proposed for debarment, declared ineligible, or voluntarily excluded from participation in <br /> this transaction by any Federal department or agency, or it shall provide an explanation as <br /> to why it cannot provide the signed certification. <br /> B. The inability of a person to provide the required certification will not necessarily <br /> result in denial of participation in this covered transaction. The prospective participant <br /> shall submit an explanation of why it cannot provide the certification set out. The <br /> certification or explanation will be considered in connection with the City's <br /> determination whether to enter into this transaction. However, failure of the prospective <br /> primary participant to furnish a certification or an explanation shall disqualify such <br /> person from participation in this transaction. <br /> C. The certification in this clause is a material representation of fact upon which reliance <br /> was placed when the City determined to enter into this transaction. If it is later <br /> determined that the prospective primary participant knowingly rendered an erroneous <br /> certification, in addition to other remedies available to the Federal Government, the City <br /> may pursue available remedies, including suspension and/or debarment. <br /> D. The prospective primary participant shall immediately provide written notice to the City <br /> if at any time the prospective primary participant learns that its certification was erroneous <br /> when submitted or has become erroneous by reason of changed circumstances. <br /> E. The terms "covered transaction," "suspended," "ineligible, "lower tier covered <br /> transaction," "participant," "person," "primary covered transaction," "principal," "proposal," <br /> "and "voluntarily excluded," as used in this clause, have the meanings set out in the <br /> Definitions and Coverage sections of the rules implementing Executive Order 12549 <br /> [49 C.F.R. Part 29]. You may contact the City for assistance in obtaining a copy of those <br /> regulations. <br /> F. The prospective primary participant agrees by submitting this proposal that it shall not <br /> knowingly enter into any lower tier covered transaction with a person who is debarred, <br /> declared ineligible, or voluntarily excluded from participation in this covered transaction, <br /> unless authorized in writing by the City. <br /> 21 <br />