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DEPARTMENT OF HEALTH AND HUMAN SERVICES <br /> DIVISION OF PUBLIC HEALTH . <br /> CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND <br /> VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS <br /> (Note: The phrase"prospective lower tier participant," means providers under contract <br /> with the Division.) <br /> 1.By signing and submitting this document,the prospective lower tier participant is providing the <br /> certification set out below. <br /> 2.The certification in this clause is a material representation of the fact upon which reliance was placed <br /> when this transaction wt­entered into.If it is later determined that the prospective lower tier participant <br /> knowingly rendered an et.-oneous certification,in addition to other remedies available to the Federal <br /> Government,the department or agency with which this transaction originate may pursue available <br /> remedies,including suspension and/or debarment. <br /> 3.The prospective lower tier participant will provide immediate written notice to the person to which this <br /> proposal is submitted if at any time the prospective lower tier participant learns that its certification was <br /> erroneous when submitted or has become erroneous by reason of changed circumstances. <br /> 4.The terms "covered transaction,""debarred,""suspended," "ineligible,"'lower tier covered transaction," <br /> "participant,""person,""primary covered transaction,""principal,""proposal,"and"voluntarily excluded," <br /> as used in this clause,have the meanings set out in the Definitions and Coverage sections of rules <br /> implementing Executive Order 12549,45 CFR Part 76.You may contact the person to which this proposal <br /> is submitted for assistance in obtaining a copy of those regulations. <br /> 5.The prospective lower tier participant agrees by submitting this proposal that,should the proposed <br /> covered transaction be entered into,it shall not knowingly enter any lower tier covered transaction with a <br /> person who is debarred,suspended,determined ineligible or voluntarily excluded from participation in this <br /> covered transaction unless authorized by the department or agency with which this transaction originated. <br /> 6.The prospective lower tier participant further agrees by submitting this document that it will include the <br /> clause titled "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-- <br /> Lower Tier Covered Transaction,"without modification,in all lower tier covered transactions and in all <br /> solicitations for lower tier covered transactions. <br /> 7.A participant in a covered transaction may rely upon a certification of a prospective participant in a <br /> lower tier covered transaction that is not debarred,suspended,ineligible,or voluntarily excluded from <br /> covered transaction,unless it knows that the certification is erroneous.A participant may decide the method <br /> and frequency of which it determines the eligibility of its principals.Each participant may,but is not <br /> required to,check the Nonprocurement List. <br /> 8.Nothing contained in the foregoing shall be construed to require establishment of a system of records in <br /> order to render in good faith the certification required by this clause.The knowledge and information of a <br /> participant is not required to exceed that which is normally possessed by a;prudent person in the ordinary <br /> course of business dealings. <br /> 9.Except for transactions authorized in paragraph 5 of these instructions,if a participant in a covered <br /> transaction knowingly enters into a lower tier covered transaction with a person who is suspended, <br /> debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other <br /> remedies available to the Federal Government,the department or agency with which this transaction <br /> originated may pursue available remedies,including suspension,and/or debarment. <br />