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( 1 ) That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U . S . C . 1857 et seq . , as amended by Pub . L . 91 -604) , and under the Federal Water Pollution Control Act, as amended (33 U . S . C . 1251 et seq . , as amended by Pub . L . 92 -500 ) , Executive ate of 11738 , and regulations in implementation thereof (40 CFR 15) is nolisted , on the d contract award , on the U . S . Environmental Protection Agency ( EPA) List of Violating Facilities pursuant to 40 CFR 15 . 20 . (2) That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (3) That the firm shall promptly notify the SHA of the receipt of any communication from the Director , Office of Federal Activities , 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 Violating Facilities . (4) That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements . 15 . CERTIFICATION REGARDING S A DING DEBARMENT SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLU ( 1 ) Instructions for Certification — Prime Contractor : (Applicable to all Federal-aid contracts - 49 CFR 29) a . By signing and submitting this proposal , the prospective primary participant is providing the certification set out below . b . The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction . The prospective participant shall submit an explanation of why it cannot provide the certification set out below . The certification or explanation will be considered in connection with the department or agency' s determination whether to enter into this transaction . However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction . c . The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction . If it is later determined that the prospective primary participant knowingly rendered an erroneous certification , in addition to other remedies available to the Federal Government , the department or agency may terminate this transaction for cause of default. d . The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances . e . The terms " covered transaction , " " debarred , " " suspended , " " ineligible , " " lower tier covered transaction , " " participant, " " person , " " primary covered transaction , ' 17 12/112009 3:45:46 PM