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5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed <br />covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction <br />with a person who is proposed for debarment under 48 <br />CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from <br />participation in this covered transaction, unless authorized by the department or agency with which this <br />transaction originated . <br />6 . The prospective lower tier participant further agrees by submitting this proposal that it will include the <br />clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- <br />Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all <br />solicitations for lower tier covered transactions. (See below) <br />7 . A participant in a covered transaction may rely upon a certification of a prospective participant in a <br />lower tier covered transaction that it is not proposed for debarment under <br />48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible , or voluntarily excluded from the covered <br />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 <br />to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. <br />8 . Nothing contained in the foregoing shall be construed to require establishment of a system of records <br />in order to render in good faith the certification required by this clause. The knowledge and information <br />of a participant is not required to exceed that which is normally possessed by a prudent person in the <br />ordinary course of business dealings. <br />9 . Except for transactions authorized under paragraph 5 of these instructions, if a participant in a <br />covered transaction knowingly enters into a lower tier covered transaction with a person who is <br />proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or <br />voluntarily excluded from participation in this transaction, in addition to other remedies available to the <br />Federal government, the department or agency with which this transaction originated may pursue <br />available remedies, including suspension and/or debarment. <br />Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier <br />Covered Transactions: <br />1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its <br />principals is presently debarred , suspended, proposed for debarment, declared ineligible, or voluntarily <br />excluded from participation in this transaction by any Federal department or agency . <br />2. Where the prospective lower tier participant is unable to certify to any of the statements in this <br />certification, such prospective participant shall attach an explanation to this proposal. <br />DISPUTES <br />In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the <br />following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The <br />members so appointed shall jointly appoint an additional member to the Dispute Board . The Dispute <br />Board shall review the facts, agreement terms and applicable statutes and rules and make a <br />determination of the dispute. The determination of the Dispute Board shall be final and binding on the <br />parties hereto . As an alternative to this process, either of the parties may request intervention by the <br />Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. <br />DRUG-FREE WORKPLACE