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9. REQUIRED CLAUSES <br /> The MANLJFACTURER must comply with all applicable Federal Transit Administration clauses <br /> including, but not limited to those listed in this section. Federal requirements may change and <br /> the changed requirements will apply to the project as required,unless the Federal Government <br /> determines otherwise. The MANUFACTURER or subcontractor shall insert in any subcontracts <br /> all of the clauses set forth in this section"9. Required Clauses", and also a clause requiring the <br /> subcontractors to include these clauses in any lower tier subcontracts. The MANUFACTURER <br /> shall be responsible for compliance by any subcontractor or lower tier subcontractor with the <br /> clauses set forth in this section. <br /> 9.1 INELIGIBLE CONTRACTOR <br /> A. The MANUFACTURER shall certify that it is not included in the U.S. Comptroller <br /> General's list of ineligible contractors (Attachme�zt D), or it shall provide an explanation <br /> as 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 fizrnish 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 ierminate tnis uansaciion ior cause of deiauit. <br /> D. The prospective primary participant shall immediately provide written notice to the <br /> CITY if at any time the prospective primary participant learns that its certification was <br /> erroneous 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 /> F. The prospective primary participant agrees by signing this Agreement that it shall not ��I <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. I <br /> G. The prospective primary participant further agrees by executing this Agreement that II <br /> rt will include this section 9.1 and the Ineligible Contractors Certificate (Attachment D), � <br /> provided by the CITY and included with these specifications, without modification, in all �� <br /> lower tier covered transactions and in all solicitations for lower tier covered transactions. 'I <br /> Decatur Public Traruit S��stem II <br /> Tire Lease Agreement 4 �� <br />