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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
<br />addition to
<br /> other remedies available to the Federal Government, the Department of Environmental Protection ( DEP) or agencies with
<br /> which this 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
<br /> any 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,
<br /> it shall
<br /> not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment
<br /> under 48 CFR 9 , subpart 9 .4, debarred , suspended , declared ineligible, or voluntarily excluded from participation
<br /> in this
<br /> covered 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
<br /> in a lower tier covered
<br /> transaction that it is not is proposed for debarment under 48 CFR 9 , subpart 9 .4, debarred , suspended
<br />, ineligible, or
<br /> voluntarily excluded from the covered transaction , unless it knows that the certification is erroneous. A participant may decide
<br /> the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
<br /> to,
<br /> check the 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
<br /> render in
<br /> good faith the certification required by this clause. The knowledge and information of a participant is not required to
<br /> exceed
<br /> that 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)
<br /> DEP Contract No . RM026 , Attachment C , Page 2 of 2
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