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ATTACHMENT D Contract No.
<br />Certification Regarding Debarment, Suspension, Ineligibility,
<br />and Voluntary Exclusion-Lower Tier Covered Transactions
<br />Instructions for Certification
<br />1. The prospective lower tier participant is required to sign the attached certification.
<br />2. The certification in this clause is a material representation of fact upon which reliance was placed when this
<br />transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
<br />rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
<br />department or agency with which this transaction originated may pursue available remedies, including
<br />suspension and/or debarment.
<br />3. The prospective lower tier participant shall provide immediate written notice to the person to which this
<br />application is submitted if at any time the prospective lower tier participant learns that its certification was
<br />erroneous when submitted or has become erroneous by reason of changed circumstances.
<br />4. The terms covered transaction," "debarred," "suspended," "ineligible," lower tier covered transaction,
<br />"participant," "person," "primary covered transaction, principle, application, and voluntarily exclude as
<br />used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules
<br />implementing Executive Order 12549. You may contact the person to which this application is submitted for
<br />assistance in obtaining a copy of those regulations.
<br />5. The prospective lower tier participant agrees by submitting this application that, should the proposed covered
<br />transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
<br />who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
<br />transaction, unless authorized by the department or agency with which this transaction originated.
<br />6. The prospective lower tier participant further agrees by submitting this application that it will include the clause
<br />titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier
<br />Covered Transaction," without modification, in all solicitations for lower tier covered transactions.
<br />7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
<br />covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
<br />transaction, unless it knows that the certification is erroneous. A participant may decide the method and
<br />frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
<br />check the Non-procurement List.
<br />8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
<br />render in good faith the certification required by this clause. The knowledge and information of a participant is
<br />not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
<br />dealings.
<br />9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
<br />transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
<br />ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available
<br />to the Federal Government, the department or agency with which this transaction originated may pursue
<br />available remedies, including suspension and/or debarment.
<br />(1) The prospective lower tier participant certifies, by submission of this application, that neither it nor its
<br />principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
<br />excluded from participation in this transaction by any Federal department or agency.
<br />(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
<br />certification, such prospective participant shall attach an explanation to this application.
<br />City of San Marcos
<br />Organization Name
<br />Susan Narvaiz Mayor
<br />N of Authorized Representative
<br />Nzwdkdu!lb-a g-a7
<br />Signature Date
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