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' INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT , SUSPENSION , INELIGIBILITY AND VOLUNTARY EXCLUSION = ' LOWER TIER FEDERALLY FUNDED TRANSACTIONS ' 1 . By signing and submitting this form , the certifying party is providing the certification set out below. 2 . The certification in this clause is a material representation of fact upon which reliance ' was placed when this transaction was entered into . If it is later determined that the certifying party knowingly rendered an erroneous certification , in addition to other remedies available to the Federal Government , the Department of Environmental ' Protection ( DEP ) or agencies with which this transaction originated may pursue available remedies , including suspension and/or debarment . ' 3 . The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances . 4 . The terms covered transaction , debarred , suspended , ineligible , lower tier covered transaction , participant , person , primary covered transaction , principal , proposal , and voluntarily excluded , as used in this clause , have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 . You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations . 5 . The certifying party agrees by submitting this contract that , should the proposed covered transaction be entered into , it shall not knowingly enter into any lower tier ' contract , or other covered transaction with a person who is debarred , suspended , declared ineligible , or voluntarily excluded from participation in this covered transaction , unless authorized by the DEP or agency with which this transaction originated . ' 6 . The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment , Suspension , Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction , " without modification , in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions . 7 . A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred , suspended , ineligible , or voluntarily excluded from the covered transaction , unless it knows that the certification is erroneous . A participant may decide the method and frequency by which it determines the eligibility of its principals . Each participant may, but is not required to , check the Nonprocurement List (Telephone No . (202 ) 5014740 or (202 ) 501 -4873 . ) 8 . Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this • clause . The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business ' dealings . 9 . Except for transactions authorized under paragraph 5 of these instructions , if a ' participant in a covered transaction knowingly enters into a lower tier covered 00640-2 00640 — Debarments , Suspension , Ineligibility, etc. F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00640 - Debarments, Suspension , Ineligibility, etc.doc