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OMB
No. 0505-New
Expiration
Date:
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AD-1047
Certification
Regarding Debarment, Suspension, and
Other
Responsibility
Matters
Primary
Covered Transactions
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The
following statement is made in accordance with the Privacy Act of
1974 (5 U.S.C. § 552(a), as amended). This
certification is required by the regulations implementing
Executive Order 12549, Debarment and Suspension, and 2 C.F.R. §
180.335, Participants' responsibilities. The regulations were
amended and published on August 31, 2005, in 70 Fed. Reg.
51865-51880. Copies of the regulations may be obtained by
contacting the Department of Agriculture agency offering the
proposed covered transaction.
According
to the Paperwork Reduction Act of 1995 an agency may not conduct
or sponsor, and a person is not required to respond to a
collection of information unless it displays a valid OMB control
number. The valid OMB control number for this information
collection is 0505-xxxx. The time required to complete this
information collection is estimated to average 0.25 minutes per
response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed,
and completing and reviewing the collection of information. The
provisions of appropriate criminal and civil fraud privacy, and
other statutes may be applicable to the information provided.
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(Read
Instructions On Page Two Before Completing Certification)
The
prospective primary participant certifies to the best of its
knowledge and belief, that it and its principals:
Are
not presently debarred, suspended, or proposed for debarment,
declared ineligible, or voluntarily excluded from covered
transactions by any Federal department or agency;
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 of records, making false statements,
or receiving stolen property;
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 (A.2.)
of this certification; and
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.
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.
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ORGANIZATION
NAME
PR/AWARD NUMBER OR PROJECT NAME
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NAME(S)
AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S)
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SIGNATURE(S)
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DATE
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The
U.S. Department of Agriculture (USDA) prohibits discrimination in
all of its programs and activities on the basis of race, color,
national origin, age, disability, and where applicable, sex, marital
status, familial status, parental status, religion, sexual
orientation, political beliefs, genetic information, reprisal, or
because all or part of an individual’s income is derived from
any public assistance program. (Not all prohibited bases apply
to all programs.) Persons with disabilities who require
alternative means for communication of program information (Braille,
large print, audiotape, etc.) should contact USDA’s TARGET
Center at (202) 720-2600 (voice and TDD). To file a complaint
of discrimination, write to USDA, Assistant Secretary for Civil
Rights, Office of the Assistant Secretary for Civil Rights, 1400
Independence Avenue, S.W., Stop 9410, Washington, DC
20250-9410, or call toll-free at (866) 632-9992 (English) or (800)
877-8339 (TDD) or (866) 377-8642 (English Federal-relay) or (800)
845-6136 (Spanish Federal-relay). USDA is an equal opportunity
provider and employer.
Instructions
for
Certification
By
signing and submitting this form, the prospective primary
participant is providing the certification set out on page 1 in
accordance with these instructions.
The
inability of a person to provide the certification required below
will not necessarily result in denial of participation in this
covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out on
this form. The certification or explanation will be considered
in connection with the department or agency's determination
whether to enter into this transaction. However, failure of the
prospective primary participant to furnish a certification or an
explanation shall disqualify such person from participation in
this transaction.
The
certification in this clause is a material representation of fact
upon which reliance was placed when the department or agency
determined to enter into this transaction. If it is later
determined that the prospective primary participant knowingly
rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or
agency may terminate this transaction for cause or default.
The
prospective primary participant shall provide immediate written
notice to the department or agency to which this proposal is
submitted if at any time the prospective primary participant
learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
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 sections of the rules implementing Executive Order
12549, at 2 C.F.R. Parts 180 and 417. You may contact the
department or agency to which this proposal is being submitted
for assistance in obtaining a copy of those regulations.
The
prospective primary participant agrees by submitting this form
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
entering into this transaction.
The
prospective primary participant further agrees by submitting this
form that it will include the clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transactions," provided by
the department or agency entering into this covered transaction,
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions.
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 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 System for Award Management (SAM)
database.
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.
Except
for transactions authorized under paragraph (6) 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 may
terminate this transaction for cause or default.
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Form
AD-1047
(REV
07/15)
Page
2 of 2
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
File Title | This form is available electronically |
Author | erica.robinson |
File Modified | 0000-00-00 |
File Created | 2021-01-22 |