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C. Control of Property. GOVERNMENTAL Bo�vi certifies that the control, utilization and <br /> disposition of property or equipment acquired using federal funds is maintained according to the <br /> provisions of A-102 Common Rule. <br /> D. Cost Principles. The cost principles of this Agreement are governed by the cost <br /> principles found in Title 48, Code of Federal Regulations, subpart 31, as amended; and all costs <br /> included in this Agreement are allowable under Title 48, Code of Federal Regulations, part 31, as <br /> amended. <br /> E. Debarment. GovERrvMErvTa,� Bo�Y shall comply with Debarment provisions as contained <br /> in 49 Code of Federal Regulations, Part 29, including Appendices A and B as amended. <br /> GovERNnnENTa� Bo�Y certifies that to the best of its knowledge and belief, GOVERNMENTAL BODY <br /> 8fld GOVERNMENTAL BODY's principals: a) are not presently debarred, suspended, proposed for <br /> debarment, declared ineligible or voluntarily excluded from covered transactions by any federal <br /> department or agency; b} within a three-year period preceding this Agreement have not been <br /> convicted of or had a civil judgment rendered against it for commission of fraud or a criminal <br /> offense in connection with obtaining, attempting to obtain or performing a public (federal, state or <br /> local) transaction or contract under a public transaction, violation of federal or state anti-trust <br /> statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of <br /> records, making false statements or receiving stolen property; c) are not presently indicted for or <br /> otherwise criminally or civilly charged by a governmental entity (federal, state or local) with <br /> commission of any of the offenses enumerated in subsection (b), above; d) have not within a <br /> three-year period preceding this Agreement had one or more public transactions (federal, state or <br /> local) terminated for cause or default. <br /> The inability of a prospective GovEarvnnErvTa� Bo�Y to certify to the certification in this section will <br /> not necessarily result in denial of participation in this Agreement. The prospective GovERNMErvTa,� <br /> Bo�v shall submit an explanation of why it cannot provide the certification in this section. This <br /> certification is a material representation of fact upon which reliance was placed when the <br /> DEPARTMENT det2CRllflBd whether to enter into this transaction. If it is later determined that <br /> GOVERNMENTAL BODY kflOWlfl9ly fefldeCed 1f1 @fl'011@OUS CBftIflCltlOft, in addition to other remedies <br /> available to the federal government, the DEPa,RTMENT may terminate this Agreement for cause. <br /> The GovERNMErvTA�Bo�Y shall provide immediate written notice to the DEPARTMErvT if at any time <br /> th2 GOVERNMENTAL BODY learns that its certification was erroneous when submitted or has <br /> become erroneous by reason of changed circumstances. The terms "covered transaction," <br /> "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," <br /> "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this <br /> Part shall have the meaning set out in the Definitions and Coverage sections of the rules <br /> implementing Executive Order 12549. <br /> Th8 GOVERNMENTAL BODY agl'@eS th8t It Sh311 not knowingly enter into any lower tier covered <br /> transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded <br /> from participation in this covered transaction, unless authorized, in writing, by th2 DEPARTMENT. <br /> Th@ GOVERNMENTAL BODY agl'22S that it will include the clause titled "Certification Regarding <br /> Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," <br /> (JfOVIdBd by th@ DEPARTMENT, without modification, in all lower tier covered transactions and in all <br /> solicitations for IOW@f tier covered transactions. The GovER►vnnErvT,a� Bo�v may rely upon 8 <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, Ufll@SS GOVERNMENTAL <br /> Bo�v knows the certification is erroneous. GovERrvnnErvTA� Bo�Y may decide the method and <br /> frequency by which it determines the eligibility of its principals. Each GovERrvnnErvTa� Bo�Y may, <br /> but is not required to, check the Nonprocurement List. If a GovERNMEtvTa�Bo�Y knowingly enters <br /> into a lower tier covered transaction with a person who is suspended, debarred, ineligible or <br /> voluntarily excluded from participation, in addition to other remedies available to the federal <br /> government, the DEPaRTMErvT may terminate this Agreement for cause or default. <br /> Intergovernmental Agreement(Rev.01/03) 5 Decatur FTA-04 <br />