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b. The inability of a person to provide the certification set out below will not necessarily result <br />in denial of participation in this covered transaction. The prospective first tier participant shall <br />submit an explanation of why it cannot provide the certification set out below. The certification <br />or explanation will be considered in connection with the department or agency's determination <br />whether to enter into this transaction. However, failure of the prospective first tier participant to <br />furnish a certification or an explanation shall disqualify such a person from participation in this <br />transaction. <br />c. The certification in this clause is a material representation of fact upon which reliance was <br />placed when the contracting agency determined to enter into this transaction. If it is later <br />determined that the prospective participant knowingly rendered an erroneous certification, in <br />addition to other remedies available to the Federal Government, the contracting agency may <br />terminate this transaction for cause of default. <br />d. The prospective first tier participant shall provide immediate written notice to the contracting <br />agency to whom this proposal is submitted if any time the prospective first tier participant learns <br />that its certification was erroneous when submitted or has become erroneous by reason of <br />changed circumstances. <br />e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," <br />"person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 C.F.R. <br />Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between <br />a recipient or subrecipient of Federal funds and a participant (such as the prime or general <br />contractor). "Lower Tier Covered Transactions" refers to any covered transaction under a First <br />Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant <br />who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such <br />as the prime or general contractor). "Lower Tier Participant" refers to any participant who has <br />entered into a covered transaction with a First Tier Participant or other Lower Tier Participants <br />(such as subcontractors and suppliers). <br />f. The prospective first tier participant agrees by submitting this proposal that, should the <br />proposed covered transaction be entered into, it shall not knowingly enter into any lower tier <br />covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily <br />excluded from participation in this covered transaction, unless authorized by the department or <br />agency entering into this transaction. <br />g. The prospective first tier participant further agrees by submitting this proposal that it will <br />include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and <br />Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or <br />contracting agency, entering into this covered transaction, without modification, in all lower tier <br />covered transactions and in all solicitations for lower tier covered transactions exceeding the <br />$25,000 threshold. <br />h. A participant in a covered transaction may rely upon a certification of a prospective <br />participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or <br />voluntarily excluded from the covered transaction, unless it knows that the certification is <br />erroneous. A participant is responsible for ensuring that its principals are not suspended, <br />debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility <br />of its principals, as well as the eligibility of any lower tier prospective participants, each <br />participant may, but is not required to, check the Excluded Parties List System website <br />(httns://www.enls.eov, which is compiled by the General Services Administration. <br />