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That ~ firm shall PromPfiY notffY the SHA of the receipt of any wr~unication from the Director; Office of Federal Activities,
<br />EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be Listed on the EPA List of
<br />Violating Facilities
<br />That the fum agrees to include or cause to be included the requirements of paragraph l through 4 of this Section X in every
<br />nonexempt subcontract, and furthea agrees to take such action as the governmem may direct as a means of enforcing such
<br />requirements.
<br />XZ. CERTfI~TCATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY ERCLUSION
<br />1. Instructions for Certification -Primary Covered Transactions;
<br />(Applicable to all Federalaid contracts -49 CFR29)
<br />a. By signing and submitting this proposal, the P~P~ve I~~azY Participant is providing the certification set out below.
<br />b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this
<br />covered transaction The prospective participant shall submit an explanation of why it cannot Qrovide the certification set out
<br />below. The certification or explanation will be considered in connection with the department or agency's determination
<br />whether to enter into this transaction. However, failure of the prospective primary Participant to furnish a certification or an
<br />explanation shall disqualify such a person from participation in this transaction
<br />a The certification in this' clause is a material representation of fact upon which reliance was placed when the department or
<br />agency determined to e~ into this transaction If it is later determined that the prospective primary participant knowingly
<br />rendered an erroneous certificating in addition to other- remedies available to the Federal Goverome.~ the deparnrterd or
<br />agency may terminate this transaction for cause of default
<br />d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal
<br />is subntted if say time the prospective primary participant learns that its certification was erroneous when submitted or has
<br />become erroneous by reason of changed circumstances.
<br />e. The terms "covered trancactiog" "debased," "suspended," "ineligible," "lower. tier covered transactioq" "participant,"
<br />"P~n, P~arY covered transacting" «p~~p~« "proposal," and "voluntarily excluded," as used in this clause, have the
<br />meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
<br />department or agency to which this proposal is submitted for assistance is obtaining a copy of those regulations.
<br />f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered
<br />irrto, it shall not knowmgly arter into any lower tier covered transaction with a person who is debarred, suspended, declared
<br />ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the deparhnent or agency
<br />entering into this transaction
<br />g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification
<br />Regarding Debannent, Suspensioq Ineligibility and Volumary Exclusion-Lower Tier Covered Transaction," provided by the
<br />department or agency entering into this covered transacting without modificatioq in all lower tier covered transactions and in
<br />all solicitations for lower tin covered transactions.
<br />h A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier wvered
<br />transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows
<br />that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of
<br />its principals. Each participant may, but is not required tn, check the nonproarrement portion of Ure "Lists of Parties Excluded
<br />From Federal Procurement or Nonprocuremart Programs" (Nonprocuremart List) which is compiled by the General Services
<br />Administration
<br />i. Nothing contained in the foregoing shall be construed to require establishmerd of a system of records in order to render in good
<br />faith the certifcation required by this clause. The lurowledge and informafion of participant is not required to exceed that
<br />which is normally possessed by a piudart person in the ordinary worse of business dealings.
<br />j. Except for transactions authorized under paragraph f of these instructions, if a partcipam in a wvered transaction knowingly
<br />enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
<br />participation in this transacting in addition to other remedies availab]e to the Federal Government, the department or agency
<br />may temrinate this transaction for cause or default
<br />*~sss
<br />Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Ezclusion-Primary Covered Transactions
<br />I . The prospective primary participant certifies to the best of its knowledge and belief; that it and its principals:
<br />a. Are not presently debarred, suspended, proposed for debarment, declazed ineligible, or voluntarily excluded from wvered
<br />transactions by any Federal department or agency;
<br />b. Have not within a 3 year period preceding this proposal been convicted of or had a civil judgmerrt rendered against them for
<br />wnrmission of fraud or a hriminaL offense in wnnection with obtaining, attempting to obtain, or performing a public (Federal,
<br />State or local) transaction or watract under a public transaction; violation of Federal or State antitrust statutes or commission
<br />of embezzlement, theft, forgery, bribery, falsification or destruction of rewrds, making false statements, or receiving stolen.
<br />PrnP~Y
<br />c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with
<br />wmmission of any ofihe offenses enumerated in paragraph !b of this certif eating and
<br />d. Have not within a 3 year period preceding this application/proposal had one ~ more public transactions (Federal, State or
<br />local) terminated for cause or default
<br />2. Where the prospective primary participant is unable to certify to say of the statements in this certification, such prospective
<br />participant shall atladt an explanation to this proposal:
<br />*~~ss
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