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, lower tier subcontracts and that all which reliance was placed when the
<br /> ' � � subcontractors, will certify and disclose DEPARTMENT determined whether to enter
<br /> accordingly. into this transaction. If it is later determined
<br /> th8t CONTRACTOR knowingly rendered an
<br /> 4-20. Civil Rights. CONTRACTOR shall erroneous certification, in addition to other
<br /> comply with the Civil Rights Act of 1964, as remedies available to the federal
<br /> amended, and Title 49, Code of Federal government, the DEPARTMENT may terminate
<br /> Regulations, part 21. the contract for cause. The CONTRACTOR
<br /> shall provide immediate written notice to the
<br /> 4-30. Control of Property. CONTRACTOR DEPARTMENT If 8t 8C1y t1t11@ th@ CONTRACTOR
<br /> certifies that the control, utilization, and learns that its certification was erroneous by
<br /> disposition of property or equipment reason of changed circumstances. The
<br /> acquired using federal funds is maintained terms "covered transaction", "debarred",
<br /> according to the provisions of A-102 "suspended", "ineligible", "lower tier covered
<br /> Common Rule. transaction", "principal", "proposal", and
<br /> "voluntarily excluded", as used in this Article
<br /> 4-40. Cost Principles. The cost shall have the meaning set out in the
<br /> principles of this contract are governed by Definitions and Coverage sections of the
<br /> the cost principles found in Title 48, Code of rules implementing Executive Order 12549.
<br /> Federal Regulations, subpart 31; and all
<br /> costs included in this contract are allowable
<br /> under Title 48, Code of Federal Regulations, The CoNrwacroR agrees that it shall not
<br /> part 31. knowingly enter into any lower tier covered
<br /> transaction when a person who is debarred,
<br /> 4-50. Debarment. CoNTwacTOR certifies suspended, declared ineligible, or voluntarily
<br /> that to the best of its knowledge and belief, excluded from participation in this covered
<br /> CONTRACTOR 8f1d CONTRACTOR's principals: transaction, unless authorized, in writing by
<br /> a) are not presently debarred, suspended, th@ DEPARTMENT. Th@ CONTRACTOR 29�@@S
<br /> proposed for debarment, declared ineligible that it will include the clause titled
<br /> or voluntarily excluded from covered "certification Regarding Debarment,
<br /> transactions by any federal department or Suspension, Ineligibility, and Voluntary
<br /> agency; b) within a three-year period Exclusion-Lower Tier Covered Transaction",
<br /> preceding this contract have not been provided by the DEPARTMENT, without
<br /> convicted of or had a civil judgment rendered modification, in all lower-tier covered
<br /> against it for commission of fraud or a transactions and in all solicitations for lower-
<br /> criminal offense in connection with obtaining, tier covered transactions. The CoNTRacTOR
<br /> attempting to obtain, or performing a public may rely upon a certification of a prospective
<br /> (federal, state, or local) transaction or participant in a lower-tier covered transaction
<br /> contract under a public transaction, violation that it is not debarred, suspended, ineligible
<br /> of federal or state anti-trust statutes or or voluntarily excluded from the covered
<br /> commission of embezzlement, theft, forgery, transaction, unless CoNTwacTOR knows the
<br /> bribery, falsification or destruction of records, certification is erroneous. CoNTRacTOR may
<br /> making false statements or receiving stolen decide the method and frequency by which it
<br /> property; c) are not presently indicted for or determines the eligibility of its principals.
<br /> otherwise criminally or civilly charged by a Each CoNTwacroR may, but is not required
<br /> governmental entity (federal, state, or local) to, check the Nonprocurement List. If a
<br /> with commission of any of the offenses CoNTwacTOR knowingly enters into a lower-
<br /> enumerated in paragraph 5-40(b); (d) have tier covered transaction with a person who is
<br /> not within a three-year period preceding this suspended, debarred, ineligible, or
<br /> contract had one or more public transactions voluntarily excluded from participation, in
<br /> (federal, state, or local) terminated for cause addition to other remedies available to the
<br /> or default. federal government, thA DEPARTMENT may
<br /> terminate the contract for cause or default.
<br /> The inability of a prospective contractor to
<br /> certify to the certification in this section will Nothing contained in Section 4-50 shall be
<br /> not necessarily result in denial of construed to require establishment of a
<br /> participation in this contract. The system of records in order to render in good
<br /> prospective contractor shall submit an faith the certification required by section 4-
<br /> explanation of why it cannot provide the 50. The knowledge and information of a
<br /> certification in this section. This certification CoNT�croR is not required to exceed that
<br /> is a material representation of fact upon which is normally possessed by a prudent
<br /> 5 City of Decatur FY 00 FTA
<br /> Office of Planning and Programming
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