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regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, <br />on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 <br />CFR 15.20. <br />(2) That the firm agrees to comply and remain in compliance with all the requirements of Section <br />114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all <br />regulations and guidelines listed thereunder. <br />That the firm shall promptly notify the SHA of the receipt of any communication from the <br />Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for <br />the contract is under consideration to be listed on the EPA List of Violating Facilities. <br />(4) That the firm agrees to include or cause to be included the requirements of paragraph 1 <br />through 4 of this Section X in every nonexempt subcontract, and further agrees to take such <br />action as the government may direct as a means of enforcing such requirements. <br />15. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY <br />EXCLUSION <br />(3) <br />(1) Instructions for Certification — Prime Contractor: <br />(Applicable to all Federal -aid contracts - 49 CFR 29) <br />a. By signing and submitting this proposal, the prospective primary participant is <br />providing the certification set out below. <br />b The inability of a person to provide the certification set out below will not necessarily <br />result in denial of participation in this covered transaction. The prospective <br />participant shall submit an explanation of why it cannot provide the certification set <br />out below. The certification or explanation will be considered in connection with the <br />department or agency's determination whether to enter into this transaction. <br />However, failure of the prospective primary participant to furnish a certification or an <br />explanation shall disqualify such a person from participation in this transaction. <br />c. The certification in this clause is a material representation of fact upon which <br />reliance was placed when the department or agency determined to enter into this <br />transaction. If it is later determined that the prospective primary participant knowingly <br />rendered an erroneous certification, in addition to other remedies available to the <br />Federal Government, the department or agency may terminate this transaction for <br />cause of default. <br />d The prospective primary participant shall provide immediate written notice to the <br />department or agency to whom this proposal is submitted if any time the prospective <br />primary participant learns that its certification was erroneous when submitted or has <br />become erroneous by reason of changed circumstances. <br />e The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier <br />covered transaction," "participant," "person," "primary covered transaction," <br />"principal," "proposal," and "voluntarily excluded," as used in this clause, have the <br />meanings set out in the Definitions and Coverage sections of rules implementing <br />Executive Order 12549. You may contact the department or agency to which this <br />proposal is submitted for assistance in obtaining a copy of those regulations. <br />f The prospective primary participant agrees by submitting this proposal that, should <br />the proposed covered transaction be entered into, it shall not knowingly enter into <br />any lower tier covered transaction with a person who is debarred, suspended, <br />declared ineligible, or voluntarily excluded from participation in this covered <br />16 <br />