AIMS System and Services Agreement – Attachment II Page 5 of 9
is owned or controlled directly or indirectly by one or more citizens or
nationals of a foreign country on said list; and
c. Has not procured any product nor subcontracted for the supply of any
product for use on the project that is produced in a foreign country on said
list.
Unless the restrictions of this clause are waived by Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or
subcontractor who is unable to certify to the above. If the Contractor knowingly
procures or subcontracts for the supply of any product or service of a foreign
country on said list for use on the project, the Federal Aviation Administration may
direct through the County cancellation of the Contract at no cost to the
Government.
Further, the Contractor agrees that, if awarded a Contract resulting from this
solicitation, it will incorporate this provision for certification without modification in
each Contract and in all lower tier subcontracts. The consultant/ contractor may
rely on the certification of a prospective subcontractor unless it has knowledge
that the certification is erroneous.
The Contractor shall provide immediate written notice to the County if the
Contractor learns that its certification or that of a subcontractor was erroneous
when submitted or has become erroneous by reason of changed circumstances.
The subcontractor agrees to provide written notice to the Contractor if at any time
it learns that its certification was erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance was
placed when making the award. If it is later determined that the consultant/
contractor or subcontractor knowingly rendered an erroneous certification, the
Federal Aviation administration may direct through the County cancellation of the
Contractor subcontract for default at no cost to the Government.
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 provision. The knowledge and information of a Contractor is not required to
exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the
United States of America and the making of a false, fictitious, or fraudulent
certification may render the maker subject to prosecution under Title 18, United
States Code, Section 1001.
Exhibit 3
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