HRSA R&R Two-Tier
Application Guide
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C. 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 certification, are defined in
2
CFR part 180, as supplemented by 2 CFR part 376.
D. The prospective recipient 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 proposed for debarment
under 2 CFR part 180 or 48 CFR part 9, subpart 9.4
, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized in writing by HRSA.
E. The prospective recipient further agrees by submitting this proposal that it will
include this clause titled ``Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion,'' without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions,
and receive a copy of the signed attestation by such lower tier
contractor/subrecipient.
F. A recipient may rely upon a certification of a prospective recipient in a lower tier
covered transaction that neither it nor its principals
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, are proposed for debarment
under 2 CFR part 180 or 48 CFR part 9, subpart 9.4, debarred, suspended,
ineligible, or voluntarily excluded from covered transactions, 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. HRSA strongly encourages
each participant to check the Excluded Parties database in the
System for Award
Management.
G. Nothing contained in this certification requires establishment of a system of
records in order to provide the certification required by this certification.
H. Except for transactions authorized under paragraph E of this statement, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is proposed for debarment under 2 CFR part 180
or 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies
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Principal:
Per 2 CFR § 180.995,
(a) An officer, director, owner, partner, principal investigator, or other person within a participant with management or supervisory
responsibilities related to a covered transaction; or
(b) A consultant or other person, whether or not employed by the participant or paid with federal funds, who—
(1) Is in a position to handle federal funds; (2) Is in a position to influence or control the use of those funds; or,
(3) Occupies a technical or professional position capable of substantially influencing the development or outcome of an activity
required to perform the covered transaction.
Per 2 CFR § 376.995,
Individuals, in addition to those listed at 2 CFR § 180.995, who participate in HHS covered transactions including:
(a) Providers of federally required audit services; and
(b) Researchers.