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15 <br />DEPARTMENT OF HEALTH AND HUMAN SERVICES <br />DIV1S10N 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 particlpant 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 wry emered into. if it is later determined that the prospective lows= tier participant <br />knowingly rendered an p.•oneous certifcatioq in addition to other remedies available to the Federal <br />Government, the department or agenry with which this transaction originate may pursue available <br />remedies, including suspension and/or debarment. <br />3. The prospective lower der participant will provide inunediate 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 eaoneous 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 "vohmtarily excluded," <br />as used in this clause, have the meanings set out in the Definitions and Coverage sections ofrules <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 der 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 der 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 der covered transactions and in all <br />solicitations for lower der covered transactions. • <br />7. A participant in a covered transaction may rely upon a certification of a prospective participant in a <br />lower tier wvered transaction that is not debarred, suspended, ineligtble, or vohmtarily excluded from <br />covered transaction, unless it knows that the certification is erroneous. A participant may decide the method <br />and frequenry of which it determines the eligibility of its principals. Each participate may, but is not <br />required t0. 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 S of these instructions, if a participant in a covered <br />transaction latowingly enters into a lower der 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 />