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<br />(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the
<br />purpose of restricting competition.
<br />' (b) Each signature on the offer is considered to be a certification by the signatory that the signatory-
<br />(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the
<br />' signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; or
<br />(2)(i) Has been authorized, in writing, to act as agent for the offeror's principals in certifying that those principals have not participated,
<br />and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification [As used in this subdivision
<br />(b)(2)(i), the term "principals" means the person(s) in the offeror's organization responsible for determining the prices offered in this bid
<br />or proposal];
<br />(ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this certification have not participated,
<br />and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; and
<br />' (iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) ofthis
<br />certification.
<br />' (c) If the offeror deletes or modifies paragraph (a)(2) of this certification, the offeror must furnish with its offer a signed statement setting
<br />forth in detail the circumstances of the disclosure. [02-2A032-1]
<br />CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)
<br />(a) (1) By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that-
<br />(i) Offeror and/or any of its Principals-
<br />' (A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or
<br />federal agency;
<br />(B) Have not, within athree-year period preceding this offer, been convicted of or had a civil judgment rendered against them for:
<br />' commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or
<br />local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of
<br />embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen
<br />property; and
<br />(C) Are not presently indicted for, or otherwise criminally or civilly changed by a governmental entity with, commission of any of the
<br />offenses enumerated in paragraph (a)(1)(i)(B) of this provision.
<br />(ii) Offeror has not, within athree-year period preceding this offer, had one or more contracts terminated for default by any public
<br />(Federal, state, or local) entity.
<br />(2) "Principals," for the purposes of this certitication, means officers; directors; owners; partners; and, persons having primary
<br />management or supervisory responsibilities t~rithin a business entity (e.g., general manager; plant manager; head of a subsidiary, division,
<br />or business segment, and similar positions).
<br />(b) Offeror shall provide immediate written notice to the Procurement 081cer if, at any time prior to contract award, Offeror learns that
<br />its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
<br />' (c) If Offeror is unable to certify the representations stated in paragraphs (a)(1), Offer must submit a written explanation regarding its
<br />inability to make the certification. The certification will be considered in connection with a review of the Offeror's responsibility. Failure
<br />of the Offeror to furnish additional information as requested by the Procurement Officer may render the Offeror nonresponsible.
<br />' (d) Nothing contained hi the foregoing shall be wnstrued to require establishment of a system of records in order to render, in good faith,
<br />the certification required by paragraph (a) ofthis provision. The knowledge and information of an Offeror is not required to exceed that
<br />which is normally possessed by a prudent person in the ordinary course of business dealings.
<br />t (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making
<br />award. If it is later determined that the Offeror knowingly or in bad faith rendered an erroneous certification, in addition to other
<br />remedies available to the State, the Procurement Officer may terminate the contract resulting from this solicitation for default. [02-
<br />2A035-1]
<br />CODE OF LAWS AVAILABLE (JAN 2006)
<br />The South Carolina Code of Laws, including the Consolidated Procurement Code, is available
<br />' at: http://wwwscstatehouse.net/code/statmast.htm . The South Carolina Regulations are available
<br />Page 5
<br />Attachment number 3
<br />F-7 Page 145 of 433
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