HomeMy WebLinkAboutOTHER-2020-009 Instructions for Debarment Certifications - Wet Signature 40;lko bv �
Instructions for Debarment Certifications
1 . By signing and submitting this form , the prospective participant is providing the certification set
out on the " Certification Regarding Debarment, Suspension and Other Responsibility Matters" in
accordance with these instructions .
2 . Consequences of False Certification - The certification is a material representation of fact upon
which reliance was placed when this transaction was entered . If it is later determined that the
prospective participant knowingly rendered an erroneous certification , in addition to other
remedies available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension and /or debarment .
3 . Errors in Certifying . - The prospective participant shall provide immediate written notice to the
person to which this proposal is submitted if, at any time , the prospective participant learns that
its certification was erroneous when submitted or has become erroneous because of changed
circumstances .
4 . Definitions and Further Guidance - The terms " covered transaction , " " debarred , " " suspended , "
" ineligible , " lower tier covered transaction , " " participant, " " person , " " primary covered
transaction , " " principal , " " proposal , " and "voluntarily excluded , " as used in this clause have the
meanings set out in the Definitions and Coverage section of rules implementing Executive Order
12549 . You may contact the person to which this proposal is submitted for assistance in obtaining
a copy of those regulations or you may refer to the Federal Register, Vol . 70, No . 168 , pages 51863
—51880 .
5 . Certification Extends to Subcontractors - The prospective participant agrees by submitting this
form that, should the proposed covered transaction be entered , it shall not knowingly enter 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 by the
department or agency with which this transaction originated .
6 . Certification Included in Subcontracts - The prospective participant further agrees by submitting
this form that it will include this clause titled " Certification Regarding Debarment, Suspension ,
Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction , " without modification in all
lower tier covered transactions and in all solicitations for lower tier covered transactions .
7 . Reliance on Certification - A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that is not debarred , suspended ,
ineligible , or voluntarily excluded from the covered transition , unless it knows that the
certification is erroneous . A participant may decide the method and frequency by which it
determines the eligibility of its principals . Each participant may, but is not required to , check the
Non - Procurement List .
8 . New System of Records Not Required - Nothing contained in the foregoing should be construed to
require establishment of a system of records to render in good faith the certification required by
this clause . The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings .
9 . Consequences for Use of Ineligible Sub grantees - Except for transactions authorized under
paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a
lower tier covered transaction with a person who is suspended , debarred , ineligible , or voluntarily
excluded from participation in this transaction , in addition to other remedies available to the
Federal Government, the department or agency with which this transaction originated may
pursue available remedies including suspension and /or debarment
CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY
MATTERS
Applicants should refer to the regulations cited on page 67 . Applicants should also review the
instructions for certification included in the regulations before completing this form , signature on this
form provides for compliance with certification requirements implementing Federal Executive Order
12549 and guidance issued in the Federal Register, Volume 70, No . 168 , pages 51863 through 51880 for
" Government wide Debarment and Suspension ( Non - procurement ) . " The certification shall be treated
as a material representation of fact upon which reliance will be placed when the Rural Economic
Development Division determines to award the covered transaction , grant, or cooperative agreement .
As required by Executive Order 12549 , Debarment and Suspension , for prospective participants in
primary covered transactions :
1 ) The prospective primary participant certifies to the best of its knowledge and belief, that it and
its principals :
a . Are not presently debarred , suspended , proposed for debarment, declared
ineligible , or voluntarily excluded from covered transactions by a Federal
department or agency;
b . Have not within a three -year period preceding this proposal been convicted of or
had a civil judgment rendered against them 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 antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction or 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 ( 1 ) ( b ) of this certification ; and
d . Have not within a three -year period preceding this application / proposal had one or
more public transactions ( Federal , State , or local ) terminated for cause or default .
2 ) Where the prospective primary participant is unable to certify to any of the statements in this
certification , such prospective participant shall attach an explanation to this proposal .
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply
with the above applicable certification ( s ) .
Name of Applicant/Grantee : Grant Number and Project Name :
Orange County, North Carolina Emergency Housing Assistance
Printed Namnhr,
d Title of Authori epr entative .
Penny Rich , Orange County oa d ofC mmissioners
Signature f Date "At#
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