|
Consolidated Agreement FY15 Page 24 of 28
<br /> III. Certification Regarding Environmental Tobacco Smoke
<br /> Public Law 103-227,Part C-Environmental Tobacco Smoke,also known as the Pro-Children Act of 1994(Act),requires that
<br /> smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely
<br /> or regularly for the provision of health,day care,education,or library services to children under the age of 18,if the services are
<br /> funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan
<br /> guarantee.The law does not apply to children's services provided in private residences,facilities funded solely by Medicare or
<br /> Medicaid funds,and portions of facilities used for inpatient drug or alcohol treatment.Failure to comply with the provisions of
<br /> the law may result in the imposition of a civil monetary penalty of up to $1,000.00 per day and/or the imposition of an
<br /> administrative compliance order on the responsible entity.
<br /> The Contractor certifies that it will comply with the requirements of the Act.The Contractor further agrees that it will require
<br /> the language of this certification be included in any subawards that contain provisions for children's services and that all
<br /> subgrantees shall certify accordingly.
<br /> IV. Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion Lower Tier
<br /> Covered Transactions
<br /> Instructions
<br /> [The phrase"prospective lower tier participant"means the Contractor.]
<br /> 1. By signing and submitting this document,the prospective lower tier participant is providing the certification set out below.
<br /> 2. The certification in this clause is a material representation of the fact upon which reliance was placed when this transaction
<br /> was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
<br /> certification,in addition to other remedies available to the Federal Government,the department or agency with which this
<br /> transaction originate may pursue available remedies, including suspension and/or debarment.
<br /> 3. The prospective lower tier participant will provide immediate written notice to the person to whom this proposal is
<br /> submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or
<br /> has become erroneous by reason of changed circumstances.
<br /> 4. The terms"covered transaction," "debarred,""suspended,""ineligible," "lower tier covered transaction,""participant,"
<br /> "person,""primary covered transaction,""principal,""proposal,"and`voluntarily excluded,"as used in this clause,have
<br /> the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549,45 CFR Part
<br /> 76.You may contact the person to whom this proposal 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 covered transaction be
<br /> entered into, it shall not knowingly enter any lower tier covered transaction with a person who is debarred, suspended,
<br /> determined ineligible or voluntarily excluded from participation in this covered transaction unless authorized by the
<br /> 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 clause titled
<br /> "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion--Lower Tier Covered Transaction,"
<br /> without modification, in all lower tier covered transactions and in all 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 lower tier covered
<br /> transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from 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
<br /> of its principals. Each participant may,but is not 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 order to render in
<br /> good faith the certification required by this clause.The knowledge and information of a participant is not required to exceed
<br /> that which is normally possessed by a prudent person in the ordinary course of business dealings.
<br /> 9. Except for transactions authorized in paragraph 5 of these instructions,if a participant in a covered transaction knowingly
<br /> enters into a lower tier covered transaction with a person who is suspended,debarred, ineligible,or voluntarily excluded
<br /> from participation in this transaction,in addition to other remedies available to the Federal Government,the department or
<br /> agency with which this transaction originated may pursue available remedies, including suspension, and/or debarment.
<br />
|