6. Termination for Default (Supplies and Service) If contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any
extension or if the contractor fails to comply with any other provisions of this contract, the
recipient may terminate this contract for default. The recipient shall terminate by delivering
to contractor a notice of termination specifying the nature of default. Contractor shall only
be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner or performance set forth in this contract. If, after termination
for failure to fulfill contract obligations, it is determined that contractor was not in default,
the rights and obligations of the parties shall be the same as if termination had been issued
for the recipient’s convenience.
Government Wide Debarment and Suspension
Applicability — Contracts over $25,000
The Contractor shall comply and facilitate compliance with U.S. DOT regulations,
“Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and
supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to
Agencies on Government wide Debarment and Suspension (Nonprocurement),” 2 C.F.R.
part 180. These provisions apply to each contract at any tier of $25,000 or more, and to
each contract at any tier for a federally required audit (irrespective of the contract amount),
and to each contract at any tier that must be approved by an FTA official irrespective of the
contract amount. As such, the Contractor shall verify that its principals, affiliates, and
subcontractors are eligible to participate in this federally funded contract and are not
presently declared by any Federal department or agency to be:
a) Debarred from participation in any federally assisted Award;
b) Suspended from participation in any federally assisted Award;
c) Proposed for debarment from participation in any federally assisted Award;
d) Declared ineligible to participate in any federally assisted Award;
e) Voluntarily excluded from participation in any federally assisted Award; or
f) Disqualified from participation in ay federally assisted Award.
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
Recipient . If it is later determined by the Recipient that the bidder or proposer knowingly
rendered an erroneous certification, in addition to remedies available to the Recipient, 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 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, 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.
This affidavit must be on the form provided by NTS, which is enclosed with this bid
package
