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C� <br />INSTRUCTIONS FOR CERTII+ICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY <br />AND VOLUNTARY EXCLUSION -LOWER TIER FED:ERALLY FUNDED TRANSACTIONS <br />I. By signing and submitting this form, the certifying party is providing the certification set oilt below. <br />2. "Tile certification in this clause is a material representation of ract upon which reliance teas placed when this <br />transaction was entered into. If it is later determined Thal the certifying party knowingly rendered an <br />erroneous ccrtiftcalion, in addition to other remedies available la the Federal Goveraunent, the Department of <br />Environmental Protection (DEP) or agencies Willi which this transaction originated may pursue available <br />remedies, including suspension and/or debarment. <br />3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if <br />at any time tie ccrtilying party learns that its certification was erroneous when submitted or has become <br />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 exchided, as used in this clause, <br />have the meanings set out in the Definitions and Coverage sections of miles implementing Executive Order <br />12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of <br />those regulations. <br />5. The certifying party agrees by submitting this contract that, should [lie proposed covered transaction be <br />entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a <br />person who is debarred, suspended, declared ineligible, or voluntarily excluded train participation in Iltis <br />covered transaction, unless authorized by the DEP or agency with which this transaction originated. <br />G. The certifying party further agrees by executing this contract that it will include this clause tilled <br />"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered <br />"transaction," without modification, in all contracts or louver tier covered transactions and in all solicitations <br />for lower tier covered transactions. <br />T A participant in a covered transaction may rely upon a ccrlification of a prospective participant in a lower tier <br />covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered <br />transaction, unless it knows that the certification is erroneous. A participant anav decide the method and <br />frequency by which it determines the eligibility of its principals. Each participant riuiv, bill is not required to, <br />check the Hon procurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) <br />8. Nothing contained in the foregoing shall be consumed to require establishment ora system of records in order <br />to render in good faith the certification requires/ by this clause. Tile knowledge and inrornuttion orn <br />participant is not required to exceed that which is norlaally possessed by a prudent person in the ordinary <br />course of business dealings. <br />9_ Exccpt for transaction authoriacd under paragraph 5 of these instructions, ira partscipant in a covered <br />transaction knowingly enters into a lower tier covered Iratimmiort %•illi a person who is suspended, debarred. <br />ineligible, or voluntarily excluded from particilialinn in Ibis Irartsaction, in addition to other remedies <br />,available to the Federal Government, the DEP or agency Willi which this transaction originated may pursue <br />available remedies, including suspension and/or debarment. <br />DEP FORM 1Id343 Rcv(OS/)5) <br />DRP Gutted Agntment No. OFINTAS-122, Allachment B. Page 2 of 2 <br />