|
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
<br /> SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-
<br /> LOWER TIER FEDERALLY FUNDED TRANSACTIONS
<br /> 1 . By signing and submitting this form, the certifying party is providing the certification set out below.
<br /> 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction
<br /> was
<br /> entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other
<br /> remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this
<br /> transaction originated may pursue available 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 at any
<br /> time the
<br /> certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed
<br /> circumstances.
<br /> 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
<br /> primary
<br /> covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out
<br /> in the
<br /> Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this
<br /> contract is submitted for assistance in obtaining a copy of those regulations.
<br /> 5 . The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall
<br /> not
<br /> knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48
<br /> CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
<br /> covered
<br /> transaction, unless authorized by the DEP or agency with which this transaction originated.
<br /> 6. The certifying party further agrees by executing this contract that it will include this clause titled " Certification
<br /> Regarding
<br /> Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all
<br /> contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions.
<br /> 7 . A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
<br /> that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily
<br />excluded
<br /> from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method
<br /> and
<br /> frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
<br /> check the
<br /> Nonprocurement List (Telephone No. (202) 501 -4740 or (202) 501 -4873 .)
<br /> 8 . Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
<br /> faith the certification required by this clause. The knowledge and information of a participant is not required to exceed
<br /> that
<br /> which is normally possessed by a prudent person in the ordinary course of business dealings.
<br /> 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
<br /> enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9,
<br /> subpart 9.4,
<br /> suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
<br />remedies
<br /> available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies,
<br /> including suspension and/or debarment.
<br /> DEP FORM 55-220 (01/01) Page 2 of 2
<br /> DEP Agreement No. LW475, Attachment C, Page 2 of 2
<br />
|