Massachusetts Bay Transportation Authority
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER INELIGIBILITY
AND VOLUNTARY EXCLUSION FROM TRANSACTIONS FINANCED IN PART BY THE U.S.
GOVERNMENT
This certification is made in accordance with Executive Order 12549, 49 CFR Part 29, 31 USC §6101 and
similar federal requirements regarding debarment, suspension and ineligibility with respect to federallyfunded contracts.
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to
verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49
CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply
with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the Federal Transit
Administration. If it is later determined that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to the Federal Transit Administration, the Federal
Government may pursue available remedies, including but not limited to suspension and/or
debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C
while this offer is valid and throughout the period of any contract that may arise from this offer. The
bidder or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
If the bidder or proposer is unable to certify to the statement above, it shall attach an explanation, and
indicate that it has done so, by placing an “X” in the following space ________.
_____________________________________________________
Signature of the Bidder or Proposer Authorized Official
_____________________________________________________
Name and Title of the Bidder or Proposer Authorized Official
FEDERAL ID #__________________________________
__________________________
Date
MBTA
Commuter Rail Procurement
June 12, 2013
1 of 2
RFP
ITP
Appendix D – Forms
Cert re Debarment, Suspension & Other Ineligibility
RFP No. 159-12
Massachusetts Bay Transportation Authority
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS
Instructions for Certification
1. By signing and submitting this bid or proposal, the prospective contractor is providing the signed
certification set out below:
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transaction"
2.
3.
4.
5.
6.
7.
8.
9.
(1) The prospective contractor certifies, by submission of this bid or proposal, that neither it nor its
"principals" [as defined at 49 C.F.R. § 29.105(p)] is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by
any Federal department or agency.
(2) When the prospective contractor is unable to certify to the statements in this certification, such
prospective participant shall attach an explanation to this bid or proposal.
The certification in this clause is a material representation of fact upon which reliance was placed when
this transaction was entered into. If it is later determined that the prospective contractor knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government,
the Massachusetts Bay Transportation Authority (MBTA) may pursue available remedies, including
suspension and/or debarment.
The prospective contractor shall provide immediate written notice to the MBTA if at any time the
prospective contractor 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," "persons," "lower tier covered transaction," "principal," "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 [49 CFR Part 29]. You may contact the MBTA for assistance
in obtaining a copy of those regulations.
The prospective contractor 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 in writing by the MBTA.
The prospective contractor further agrees by submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
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 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 issued by U.S. General Services Administration.
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 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 all
remedies available to the Federal Government, the MBTA may pursue available remedies including
suspension and/or debarment.
MBTA
Commuter Rail Procurement
June 12, 2013
2 of 2
RFP
ITP
Appendix D – Forms
Cert re Debarment, Suspension & Other Ineligibility
RFP No. 159-12