RFP #2011-18Processing USDA Commodity Donated <strong>Foods</strong>Instructions for Certificationr l. By signing and submitting the form on page 19, the prospective lower tier participant is providing thecertification set out on the form in accordance with these instructions.t 2. The certification in this clause is a material representation of fact upon which reliance was placed whenthis transaction was entered into. If it is later determined that the prospective lower tier participant knowinglyrendered an erroneous certification in addition to other remedies available to the federal government, thedepartment or agency with which this transaction originated may pursue available remedies, includingsuspension and / or debarment.r 3. The prospective lower tier participant shall provide immediate written notice to the person to which thisproposal is submitted if at any time the prospective lower tier participant learns that its certification waserroneous when submitted or has become erroneous by reason ofchanged circumstances.r 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,""participants," "person," "primary covered transaction," "principal," "proposal" and "voluntarily excluded," asused in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementingExecutive Order 12549. You may contact the person to which this proposal is submitted for assistance inobtaining a copy ofthose regulations.r 5. The prospective lower tier participant agrees by submitting this form that, should the proposed coveredtransaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a personwho is debarred, suspended, declared ineligible or voluntarily excluded from participation in this coveredtransaction, unless authorized by the department or agency with which this transaction originated.r 6. The prospective lower tier participant further agrees by submitting this form that it will include this clausetitled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower TierCovered Transaction" without modification in all lower tier covered transactions and in all solicitations forlower tier covered transactions.t 7 . A participant in a covered transaction may rely upon a certification of a prospective participant in a lowertier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the coveredtransaction, unless it knows that the certification is erroneous. A participant may decide the method andfrequency by which it determines the eligibility of its principals. Each participant may, but is not required to,check the Nonprocurement List.r 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records inorder to render in good faith the certification required by this clause. The knowledge and information of aparticipant is not required to exceed that which is normally possessed by a prudent person in the ordinarycourse of business dealings.r 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a coveredtransaction 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 availableto the federal government, the department or agency with which this transaction originated may pursueavailable remedies, including suspension and / or debarment.Page27 of36
RFP #2011-18Processing USDA Commodity Donated <strong>Foods</strong>PROPO SAL ACKNOWLEDGMENTThe undersigned affirms that they are duly authorized to execute this contract, that this company, corporation,firm, partnership or individual has not prepared this Proposal in collusion rvith any other Offeror, and that thecontents ofthis Proposal as to prices, terms or conditions ofsaid Proposal have not been communicated by theundersigned nor by any employee or agcnt to any other person engaged in this type of business prior to theoffrcial opening ofthis Proposal.u*a* nA, crh a,e,.\ FcoJSAddressCity/StatelZip:Area Code/Phone Number:?7 7 -72-7' 3St4Area code/Fax Ns bur, 96^ - -258 - cf7/ o) off.ro, (Signature):( Off..o, (Print Name)\eositionwith company t P:rroV{.l.{ ,t*"rur" of company official AuthorizingThis Proposal: Q.^*O(X Company Official (Print Name):Tom OrKaney Position:Sr. Di-r Finance <strong>Foods</strong>erviceComDlete and return rvith proposalPage 28 of36