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amended, and Title 49, Code of Federal provide immediate written notice to the
<br /> Regulations,part 21. DEPARTMENT if at any time the CONTRACTOR
<br /> learns that its certification was erroneous when
<br /> 4-30. Control of Property. CONTRACTOR submitted or has become erroneous by reason of
<br /> certifies that the control, utilization and changed circumstances. The terms "covered
<br /> disposition of property or equipment acquired transaction," "debarred," "suspended,"
<br /> using federal funds is maintained according to "ineligible," "lower tier covered transaction,"
<br /> the provisions of A-102 Common Rule. "participant," "person," "primary covered
<br /> transaction," "principal," "proposal," and
<br /> 4-40. Cost Principles. The cost principles of "voluntarily excluded," as used in this Article
<br /> this contract are governed by the cost principles shall have the meaning set out in the Definitions
<br /> found in Title 48, Code of Federal Regulations, and Coverage sections of the rules implementing
<br /> subpart 31; and all costs included in this contract Executive Order 12549.
<br /> are allowable under Title 48, Code of Federal The CONTRACTOR agrees that it shall not
<br /> Regulations,part 31. knowingly enter into any lower tier covered
<br /> 4-50. Debarment. CONTRACTOR certifies that transaction with a person who is debarred,
<br /> to the best of its knowledge and belief, suspended, declared ineligible or voluntarily
<br /> CONTRACTOR and CONTRACTOR's principals: a) excluded from participation in this covered
<br /> are not presently debarred, suspended, proposed �'ansaction, unless authorized, in writing, by the
<br /> for debarment, declared ineligible or voluntarily DEPARTMENT. The CONTRACTOR agees that it
<br /> excluded from covered transactions by any �'ill include the clause titled "Certification
<br /> federal department or agency; b) within a three- Regarding Debarment, Suspension, Ineligibility
<br /> year period preceding this contract have not been and Voluntary Exclusion-Lower Tier Covered
<br /> convicted of or had a civil judgment rendered Transaction," provided by the DEPARTMENT,
<br /> against it for commission of fraud or a criminal �'�thout modification, in all lower tier covered
<br /> offense in connection with obtaining, attempting transactions and in all solicitations for lower tier
<br /> to obtain or performing a public (federal, state or covered transactions. The CONTRACTOR may
<br /> local) transaction or contract under a public rely upon a certification of a prospective
<br /> transaction, violation of federal or state anti-trust P�icipant in a lower tier covered transaction
<br /> statutes or commission of embezzlement, theft, that it is not debarred, suspended, ineligible or
<br /> forgery, bribery, falsification or destruction of voluntarily excluded from the covered
<br /> records, making false statements or receiving transaction, unless CONTRACTOR knows the
<br /> stolen property; c) are not presently indicted for certification is erroneous. CotvT�C'rox may
<br /> or otherwise criminally or civilly charged by a decide the method and frequency by which it
<br /> governmental entity (federal, state or local) with determines the eligibility of its principals. Each
<br /> commission of any of the offenses enumerated in CONTRACTOR may, but is not required to, check
<br /> paragraph 5-40(b); d) have not within a three- the Nonprocurement List. If a CONTRACTOR
<br /> year period preceding this contract had one or knowingly enters into a lower tier covered
<br /> more public transactions (federal, state or local) transaction with a person who is suspended,
<br /> terminated for cause or default. debarred, ineligible or voluntarily excluded from
<br /> participation, in addition to other remedies
<br /> The inability of a prospective CONTRACTOR to available to the federal government, the
<br /> certify to the certification in this section will not DEPARTMENT may terminate this contract for
<br /> necessarily result in denial of participation in this cause or default.
<br /> contract. The prospective CONTRACTOR Shall Nothing contained in Section 4-50 shall be
<br /> submit an explanation of why it cannot provide construed to require establishment of a system of
<br /> the certification in this section. This certification records in order to render in good faith the
<br /> is a material representation of fact upon which
<br /> reliance was placed when the DEPARTMENT certification required by Section 4-50. The
<br /> determined whether to enter into this transaction. knowledge and information of a CoNTRAC7'Ort is
<br /> If it is later determined that CONTRACTOR not required to exceed that which is normally
<br /> knowingly rendered an erroneous certification, in Possessed by a prudent person in the ordinary
<br /> addition to other remedies available to the federal course of business dealings.
<br /> government, the DEPARTMENT may terminate
<br /> this contract for cause. The CoNTttAC'roR shall
<br /> 6 City of Decatur
<br /> FY 99
<br /> FTA
<br />
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