Va Form 10-0388-12 - Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion - Lower Tier Covered Transactions Page 2
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1
2INSTRUCTIONS FOR CERTIFICATION
1.
By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.
2.
The certification in this clause is a material representation of act upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective lower tier 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.
The prospective lower tier participant shall provide immediate written notice to which this proposal is submitted it any
time the prospective lower tier participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4.
The terms "covered transaction," "participant," "person," "primary covered transaction," "principle," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections 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.
5.
The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction
be entered into, it shall not knowingly enter into 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.
The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered
Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7.
A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction 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 Nonprocurement List.
8.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order 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.
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.
VA FORM
10-0388-12
PAGE 2 OF 2
MAR 2005
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