|
30 SECTION 2: MASTER AGREEMENT TERMS AND CONDITIONS | 2014_0122
<br />
<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 />
<br />3. The prospective lower tier participant shall provide immediate written notice to the person to whom this
<br />proposal [response] is submitted if at any time the prospective lower tier participant learns that its certification
<br />was erroneous when submitted or had become erroneous by reason of changed circumstances.
<br />
<br />4. The terms covered transaction, debarred, suspended, ineligible lower tier covered transaction, participant,
<br />person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause,
<br />have the meaning set out in the Definitions and Coverages section of rules implementing Executive
<br />Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a
<br />copy of those regulations.
<br />
<br />5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered
<br />transaction be entered into, it shall not knowingly enter into any lower tier covered transaction [subcontract
<br />equal to or exceeding $25,000] with a person who is proposed for debarment under 48 CFR part 9,
<br />subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
<br />covered transaction, unless authorized by the department or agency with which this transaction originated.
<br />
<br />6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause
<br />titled, “Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier
<br />Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for
<br />lower tier covered transactions.
<br />
<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 proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
<br />suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification
<br />is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its
<br />principals. Each participant may, but is not required to, check the list of parties excluded from federal
<br />procurement and nonprocurement programs.
<br />
<br />8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
<br />to render in good faith the certification required by this clause. The knowledge and information of a participant
<br />is not required to exceed that which is normally possessed by a prudent person in the ordinary course of
<br />business dealings.
<br />
<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 proposed for
<br />debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
<br />participation in this transaction, 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 />
<br />b. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered
<br />Transactions.
<br />
<br />1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals
<br />is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
<br />participation in this transaction by any Federal department or agency.
<br />
<br />2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
<br />such prospective participant shall attach an explanation to this proposal.
<br />
<br />9. CHANGE REQUESTS. The Lead State reserves the right to request, during the term of the Master Agreement,
<br />changes to the products offered. Products introduced during the term of the Master Agreement shall go through a
<br />formal review process. A formal process of changing the Master Agreement shall be developed during the negotiation
<br />of the Master Agreement. The Contract Vendor shall evaluate and recommend products for which agencies have an
<br />expressed need. The Lead State shall require the Contract Vendor to provide a summary of its research of those
|