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INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
<br />SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -
<br />LOWER TIER FEDERALLY FUNDED TRANSACTIONS
<br />I. 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 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 or:etnatcd may pursue available remedies, including suspension and/or debarment.
<br />3. The certifying party shall provide immediate
<br />written notice to the
<br />person to which this contract is submitted if at any
<br />time the
<br />certifying party ]cams that its certification
<br />was erroneous when
<br />submitted or has become erroneous by reason of
<br />changed
<br />circumstances.
<br />4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary
<br />covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out 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 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 covered
<br />transaction, unless authorized by the DEP or agency with which this transaction originated.
<br />E The certifying party further agrees by executing this contract that it will include this clause titled "Certification 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 excluded
<br />from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and
<br />frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, 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 that
<br />which is normally possessed by a prudent person in the ordinary course of business dealings.
<br />_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, subpart 9.4,
<br />suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other 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. 60182, Attachment 1, Page 2 of 2
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