Model language · free · CC BY 4.0
The Evidence Clause
Buyers who must check exclusions and sanctions before award or payment usually write the duty into the contract as a representation — "Vendor certifies it is not debarred." A representation is a promise. The clauses below ask for the evidence instead: a dated read of the named official files, with the file date, the key or exact printed name used, the rows as printed, and a SHA-256, in an open format anyone can re-run.
The clause does not name a vendor and does not make any producer of the record a gatekeeper of award or payment. Any platform that publishes a conforming record satisfies it. Alpha Covenant Holdings issues conforming records free at https://alphacovenantholdings.com/screening; that is why we publish the clause.
Federal prime contractor — subcontract flow-down (FAR 52.209-6; FAR 52.204-25)
For Prime contractors, in subcontract terms and supplier onboarding
Exclusion record. Before execution of this subcontract and before each option exercise, Subcontractor shall furnish, or Contractor shall obtain, a dated read of the SAM.gov Exclusions public extract, the HHS-OIG List of Excluded Individuals/Entities, the OFAC Specially Designated Nationals list and the Consolidated Screening List for Subcontractor's exact legal name and UEI. The record shall state, for each source: the source's own file date or the read time, the official key (UEI, NPI, EIN, CIK or CCN) or the exact printed name used, the rows returned verbatim, and any source that was not read or did not answer. The record shall carry a SHA-256 of its canonical content and shall conform to the Alpha Covenant Receipt Format v1 (an open specification, CC BY 4.0, at https://alphacovenantholdings.com/spec), so that any party may recompute the hash and re-run the read. The record is evidence of what the files printed on a date; it is not a representation by the record's producer about the party's eligibility, identity or compliance, which remain the responsibility of the party and the reviewing officer. Contractor will keep the record with the subcontract file as the documentation FAR 52.209-6(e) contemplates.
State and local purchasing — solicitation and award (2 CFR 200.214 / 2 CFR 180.300)
For Counties, cities, school districts, transit and housing authorities, state agencies spending federal pass-through funds
Suspension and debarment record. As a condition of award of any covered transaction funded in whole or in part by a federal award, the Purchasing Agent shall obtain, on or before the award date, a dated read of the SAM.gov Exclusions public extract for the awardee's exact legal name and UEI, together with the HHS-OIG exclusion list and the applicable state Medicaid exclusion list where the award is health-related. The record shall state, for each source: the source's own file date or the read time, the official key (UEI, NPI, EIN, CIK or CCN) or the exact printed name used, the rows returned verbatim, and any source that was not read or did not answer. The record shall carry a SHA-256 of its canonical content and shall conform to the Alpha Covenant Receipt Format v1 (an open specification, CC BY 4.0, at https://alphacovenantholdings.com/spec), so that any party may recompute the hash and re-run the read. The record is evidence of what the files printed on a date; it is not a representation by the record's producer about the party's eligibility, identity or compliance, which remain the responsibility of the party and the reviewing officer. The record satisfies the verification method at 2 CFR 180.300(a) and shall be retained with the procurement file for the period required by 2 CFR 200.334.
Hospital and health system — vendor and medical-staff agreements (42 CFR 1001.1901; OIG compliance guidance)
For Hospitals, health systems, group purchasing members, delegated credentialing entities
Exclusion screening record. Vendor represents that, at contract execution and monthly thereafter, Hospital may obtain a dated read of the HHS-OIG List of Excluded Individuals/Entities, the SAM.gov Exclusions public extract and the exclusion list of each state in which services are furnished, for Vendor's exact legal name and, for each individual furnishing services, the individual's NPI. The record shall state, for each source: the source's own file date or the read time, the official key (UEI, NPI, EIN, CIK or CCN) or the exact printed name used, the rows returned verbatim, and any source that was not read or did not answer. The record shall carry a SHA-256 of its canonical content and shall conform to the Alpha Covenant Receipt Format v1 (an open specification, CC BY 4.0, at https://alphacovenantholdings.com/spec), so that any party may recompute the hash and re-run the read. The record is evidence of what the files printed on a date; it is not a representation by the record's producer about the party's eligibility, identity or compliance, which remain the responsibility of the party and the reviewing officer. Vendor shall notify Hospital within five business days of any exclusion, debarment or proposed debarment of Vendor or of any individual it furnishes.
Bank and credit union — third-party agreement (Interagency Guidance on Third-Party Relationships, 2023)
For Vendor-management and TPRM teams, in master services agreements
Ongoing-monitoring record. Provider acknowledges that Bank will obtain, at onboarding and no less than monthly during the term, a dated read of the SAM.gov Exclusions public extract, the OFAC Specially Designated Nationals list, the Consolidated Screening List, SEC EDGAR filings by CIK where applicable, and the CFPB Consumer Complaint Database for Provider's exact legal name, together with the line-by-line changes since the previous read. The record shall state, for each source: the source's own file date or the read time, the official key (UEI, NPI, EIN, CIK or CCN) or the exact printed name used, the rows returned verbatim, and any source that was not read or did not answer. The record shall carry a SHA-256 of its canonical content and shall conform to the Alpha Covenant Receipt Format v1 (an open specification, CC BY 4.0, at https://alphacovenantholdings.com/spec), so that any party may recompute the hash and re-run the read. The record is evidence of what the files printed on a date; it is not a representation by the record's producer about the party's eligibility, identity or compliance, which remain the responsibility of the party and the reviewing officer. Bank's assessment of the record is Bank's own and is documented in Bank's third-party file.
State comptroller / treasurer — pre-payment eligibility record for federally funded disbursements (PIIA; 2 CFR 200.214; 42 CFR 455.436)
For State comptrollers, treasurers, Medicaid fiscal agents and state auditors, in payment-system requirements and fiscal-agent contracts
Pre-payment eligibility record. For each disbursement of federal or federally matched funds, the payment system shall obtain, before funds release, a dated read of the SAM.gov Exclusions public extract, the HHS-OIG List of Excluded Individuals/Entities, the OFAC Specially Designated Nationals list and, for medical-assistance payments, the State's own exclusion list, for the payee's exact legal name and key, compared line by line with the previous read of the same payee. The record shall state, for each source: the source's own file date or the read time, the official key (UEI, NPI, EIN, CIK or CCN) or the exact printed name used, the rows returned verbatim, and any source that was not read or did not answer. The record shall carry a SHA-256 of its canonical content and shall conform to the Alpha Covenant Receipt Format v1 (an open specification, CC BY 4.0, at https://alphacovenantholdings.com/spec), so that any party may recompute the hash and re-run the read. The record is evidence of what the files printed on a date; it is not a representation by the record's producer about the party's eligibility, identity or compliance, which remain the responsibility of the party and the reviewing officer. The record is retained with the payment and made available to the State Auditor and to federal reviewers under the Payment Integrity Information Act. Checks of Treasury's Do Not Pay portal are performed and recorded separately by the agency.
County and municipal solicitation — bidder paragraph for an IFB/RFP funded with federal pass-through money (2 CFR 200.214 / 180.300; Compliance Supplement Part 3 §I)
For County purchasing directors, city purchasing agents, school-district and authority business managers — paste into the solicitation's general conditions
Suspension and debarment record (federal funds). This procurement is funded in whole or in part with federal award funds and is a covered transaction under 2 CFR 180.300 and 2 CFR 200.214. On or before award, the Purchasing Office will obtain a dated read of the SAM.gov Exclusions public extract for the apparent awardee's exact legal name and Unique Entity ID, and of the HHS-OIG exclusion list and this State's Medicaid exclusion list where the award is health-related. The bidder may attach such a record to its bid; a record obtained by the Purchasing Office is equally sufficient. The record shall state, for each source: the source's own file date or the read time, the official key (UEI, NPI, EIN, CIK or CCN) or the exact printed name used, the rows returned verbatim, and any source that was not read or did not answer. The record shall carry a SHA-256 of its canonical content and shall conform to the Alpha Covenant Receipt Format v1 (an open specification, CC BY 4.0, at https://alphacovenantholdings.com/spec), so that any party may recompute the hash and re-run the read. The record is evidence of what the files printed on a date; it is not a representation by the record's producer about the party's eligibility, identity or compliance, which remain the responsibility of the party and the reviewing officer. The record is retained in the procurement file for the period at 2 CFR 200.334 and is the office's evidence for the Single Audit test of procurement and suspension and debarment (OMB Compliance Supplement, Part 3, Section I). No fee is charged to any bidder for a conforming record; Alpha Covenant Holdings issues one free at https://alphacovenantholdings.com/screening, and any conforming producer may be used.
Accounts payable — payment release procedure (internal control text)
For Controllers and procure-to-pay teams, in the AP procedure manual and ERP release rules
Payment-time read. Before release of funds to any payee, the payment system shall obtain a dated read of the SAM.gov Exclusions public extract, the HHS-OIG exclusion list and the OFAC SDN list for the payee's exact legal name and key, compared line by line with the previous read of the same payee. The record shall state, for each source: the source's own file date or the read time, the official key (UEI, NPI, EIN, CIK or CCN) or the exact printed name used, the rows returned verbatim, and any source that was not read or did not answer. The record shall carry a SHA-256 of its canonical content and shall conform to the Alpha Covenant Receipt Format v1 (an open specification, CC BY 4.0, at https://alphacovenantholdings.com/spec), so that any party may recompute the hash and re-run the read. The record is evidence of what the files printed on a date; it is not a representation by the record's producer about the party's eligibility, identity or compliance, which remain the responsibility of the party and the reviewing officer. Where any exclusion, debarment or sanctions source shows a row that was not present at the previous read, or a source did not answer, the payment is held for a named reviewer's decision; the receipt id is recorded with the payment.
Health plan — first-tier, downstream and related entity (FDR) agreement; Medicaid network provider agreement (42 CFR 422.503(b)(4)(vi); 42 CFR 438.610)
For Medicare Advantage and Part D sponsors in FDR agreements; Medicaid managed-care plans in network provider and vendor agreements; the FDRs and providers themselves
Exclusion record in place of attestation. At execution and monthly thereafter, Entity shall furnish, or Plan may obtain, a dated read of the HHS-OIG List of Excluded Individuals/Entities, the SAM.gov Exclusions public extract and the Medicaid exclusion or termination list of each state in which Entity furnishes items or services, for Entity's exact legal name and for each employee, governing-body member, contractor and downstream entity Entity engages for work under this agreement, each read carrying the date and time of the read, the source as printed, a SHA-256 of the read and a signature permitting verification without either party. A read showing a row under a name is a row to be examined by Plan, not a determination, and a source that did not answer shall be named as such and shall not be treated as a negative result. This record is in addition to, and does not replace, the attestations and compliance-program obligations required by 42 CFR 422.503(b)(4)(vi), 42 CFR 423.504(b)(4)(vi), 42 CFR 438.608 and 438.610 and the state contract.
Format the clauses reference: Receipt Format v1 · a conforming record, free, in about fifteen seconds: /screening · the duty each clause sits beside: Duty Sheets.