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12. DEBARMENT: CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR <br />INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED <br />TRANSACTIONS <br />a. CONTRACTOR, defined as the primary participant and it principals, certifies by signing <br />these General Terms and Conditions that to the best of its knowledge and belief that they: <br />1) Are not presently debarred, suspended, proposed for debarment, declared <br />ineligible, or voluntarily excluded from covered transactions by any Federal <br />department or agency. <br />2) Have not within a three-year period preceding this Contract, been convicted of <br />or had a civil judgment rendered against them for commission of fraud or a <br />criminal offense in connection with obtaining, attempting to obtain, or <br />performing a public or private agreement or transaction, violation of Federal or <br />State antitrust statutes or commission of embezzlement, theft, forgery, bribery, <br />falsification or destruction of records, making false statements, tax evasion, <br />receiving stolen property, making false claims, or obstruction of justice; <br />3) Are not presently indicted for or otherwise criminally or civilly charged by a <br />governmental entity (Federal, State, or local) with commission of any of the <br />offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and <br />4) Have not within a three-year period preceding the signing of this Contract had <br />one or more public transactions (Federal, State, or local) terminated for cause of <br />default. <br />b. Where the CONTRACTOR is unable to certify to any of the statements in this Contract, <br />the CONTRACTOR shall attach an explanation to this Contract. <br />c. The CONTRACTOR agrees by signing this Contract that it shall not knowingly enter into <br />any lower tier covered transaction with a person who is debarred, suspended, declared <br />ineligible, or voluntarily excluded from participation in this covered transaction, unless <br />authorized by AGENCY. <br />d. The CONTRACTOR further agrees by signing this Contract that it will include the clause <br />titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary <br />Exclusion -Lower Tier Covered Transaction," as follows, without modification, in all lower <br />tier covered transactions and in all solicitations for lower tier covered transactions: <br />OFM CONTRACT NO. K3012 Page 8 of 21 <br />