R2000-62 AUTHORIZING AN AGREEMENT

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. + suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; b) within a three-year period preceding this Agreement have not been convicted of ar had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated ' in paragraph 5-40(b); d) have not within a three-year period preceding this Agreement had one � or more public transactions (federal, state or local)terminated for cause or default. The inability of a prospective Governmental Body to certify to the certification in this section will not necessarily result in denial of participation in this Agreement. The prospective Governmental Body shall submit an explanation of why it cannot provide the certification in this section. This certification is a material representation of fact upon which reliance was placed when the Department determined whether to enter into this transaction. If it is later determined that Governmental Body knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Department may terminate this Agreement for cause. The Governmental Body shall provide immediate written notice to the Department if at any time the Governmental Body learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "priinary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this Part shall have the meaning set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. The Governmental Body agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized, in writing, by the Department. The Governmental Body agrees that it will include the clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"provided by the Department, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The Governmental Body may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless Governmental Body knows the certification is erroneous. Governmental Body may decide the method and frequency by which it determines the eligibility of its principals. Each Governmental Body may, but is not required to, check the Nonprocurement List. If a Governmental Body knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation, in addition to other remedies available to the federal government,the Department may terminate this Agreement for cause or default.