|
F. Debarment. GOVERNMENTAL BODY shall comply with Debarment provisions as contained
<br /> in 49 CFR Part 29, including Appendices A and B as amended. GOVERNMENTAL BODY certifies
<br /> that to the best of its knowledge and belief, GOVERNMENTAL BODY and GOVERNMENTAL BODY's
<br /> principals: a) are not presently debarred, suspended, proposed for debarment, declared ineligible or
<br /> voluntarily excluded from covered transactions by any federal DEPARTMENT or agency; b) within a
<br /> three-year period preceding this Agreement have not been convicted of or had a civil judgment
<br /> rendered against it for commission of fraud or a criminal offense in connection with obtaining,
<br /> attempting to obtain or performing a public (federal, state or local) transaction or contract under a
<br /> public transaction, violation of federal or state anti-trust statutes or commission of embeulement,
<br /> theft, forgery, bribery, falsification or destruction of records, making false statements or receiving
<br /> stolen property; c) are not presently indicted for or otherwise criminally or civilly charged by a
<br /> governmental entity (federal, state or local) with commission of any of the offenses enumerated in
<br /> subsection (b), above; and d) have not within a three-year period preceding this Agreement had one
<br /> or more public transactions (federal,state or local)terminated for cause or default.
<br /> The inability of GOVERNMENTAL BODY to certify to the certification in this section will not necessarily
<br /> result in denial of participation in this Agreement. GOVERNMENTAL BODY shall submit an
<br /> explanation of why it cannot provide the certification in this section. This certification is a material
<br /> representation of fact upon which reliance was placed when the DEPARTMENT determined whether
<br /> to enter into this transaction. If it is later determined that GOVERNMENTAL BODY knowingly
<br /> rendered an erroneous certification, in addition to other remedies available to the federal government,
<br /> the DEPARTMENT may terminate this Agreement for cause. GOVERNMENTAL BODY shall provide
<br /> immediate written notice to the DEPARTMENT if at any time GOVERNMENTAL BODY learns that its
<br /> certification was erroneous when submitted or has become erroneous by reason of changed
<br /> circumstances. The terms "covered transaction,° "debarred," "suspended," "ineligible," "lower tier
<br /> 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
<br /> Coverage sections of the rules implementing Executive Order 12549.
<br /> GOVERNMENTAL BODY agrees that it shall not knowingly enter into any lower tier covered
<br /> transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from
<br /> participation in this covered transaction, unless authorized, in writing, by the DEPARTMENT.
<br /> GOVERNMENTAL BODY agrees that it will include the clause titled "Certification Regarding
<br /> Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"
<br /> provided by the DEPARTMENT, without modification, in all lower tier covered transactions and in all
<br /> solicitations for lower tier covered transactions. GOVERNMENTAL BODY may rely upon a
<br /> 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 GOVERNMENTAL
<br /> BODY knows the certification is erroneous. GOVERNMENTAL BODY may decide the method and
<br /> frequency by which it determines the eligibility of its principals. GOVERNMENTAL BODY may, but is
<br /> not required to, check the Non-procurement List. If GOVERNMENTAL BODY knowingly enters into a
<br /> lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily
<br /> excluded from participation, in addition to other remedies available to the federal government, the
<br /> DEPARTMENT may terminate this Agreement for cause or default.
<br /> Nothing contained in this section shall be construed to require establishment of a system of records in
<br /> order to render in good faith the certification required by this section. The knowledge and information
<br /> of GOVERNMENTAL BODY is not required to exceed that which is normally possessed by a prudent
<br /> person in the ordinary course of business dealings.
<br /> H. Drug Free Workplace. The GOVERNMENTAL Bo�Y certifies that it will comply with the
<br /> requirements of the federal Drug Free Workplace Act, 41 U.S.C. 702 as amended and 49 C.F.R. Part
<br /> 32, Subpart B.
<br /> K. Procurement Compliance Certification. GOVERNMENTAL BODY certifies that its
<br /> procurements and procurement system will comply with all applicable third party procurement
<br /> requirements of Federal laws, executive orders, regulations, and FTA directives, and requirements, as
<br /> amended and revised, as well as other requirements FTA may issue including FTA Circular 4220.1 F,
<br /> "Third Party Contracting Guidance," and any revisions thereto, to the extent those requirements are
<br /> Printed 5/19/2009 Page 3 of 8 IT/Decatur/Urban Rev Strategy 06T0145 2nd Time Ext 09-11
<br /> BoBs 2806
<br />
|