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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 CONTRACTOR shall <br /> submit an explanation of why it cannot provide the certification set out. The certification <br /> or explanation will be considered in connection with the CITY's determination whether to <br /> enter into this transaction. However, failure of the CONTRACTOR to furnish a <br /> certification or an explanation shall disqualify such person from participation in this <br /> 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 CONTRACTOR knowingly rendered an erroneous certification, in <br /> addition to other remedies available to the Federal Government, the CITY may terminate <br /> this Agreement for cause or default. <br /> D. The CONTRACTOR shall immediately provide written notice to the CITY if at any <br /> time the prospective primary participant learns that its certification was erroneous when <br /> 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 CONTRACTOR agrees by executing this Agreement that it shall not knowingly <br /> enter into any lower tier covered transaction with a person who is debarred, declared <br /> ineligible, or voluntarily excluded from participation in this covered transaction,unless <br /> authorized in writing by the CITY. <br /> G. The CONTRACTOR further agrees by executing this Agreement that it will include <br /> this section 9.1 and the Ineligible Contractors Certificate (Exhibit B),provided by the <br /> CITY and included with these specifications, without modification, in all lower tier , <br /> covered transactions and in all solicitations for lower tier covered transactions. � <br /> H. A participant in a covered transaction may rely upon a certification of a prospective I� <br /> participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, <br /> or voluntarily excluded from the covered transaction, unless it knows that the certification <br /> is erroneous. Participant may decide that method and frequency by which it determines <br /> the eligibility of its principles. Each participant may,but is not required to, check the <br /> Non-procurement List issued by U.S. General Services Administration. <br /> I. Nothing contained in the foregoing shall be construed to require establishment of a <br /> system of records in order to render in good faith the certification required by this clause. <br /> The knowledge and information of a participant are not required to exceed that which is <br /> normally possessed by a prudent person in the ordinary course of business dealings. <br /> Decatur•Public Ti•ansit S��stem - 7 - Caib•act.for Post-Delivery Audit <br />