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DOH CONTRACT #: CLH18249 <br />"Disclosure of Lobbying Activities," its instructions, and continuation sheet are included at the end of this <br />application form.) <br />C. The undersigned shall require that the language of this certification be included in the award documents for all <br />subcontracts at all tiers (including subcontracts, subcontracts, and contracts under grants, loans and cooperative <br />agreements) and that all subrecipients shall certify and disclose accordingly. <br />This certification is a material representation of fact upon which reliance was placed when this transaction was <br />made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction <br />imposed by Section 1352, U.S. Code. Any person who fails to file the required certification shall be subject to a <br />civil penalty of not less than $10,000 and not more than $100,000 for each such failure. <br />4. CERTIFICATION REGARDING PROGRAM FRAUD CIVIL REMEDIES ACT (PFCRA) <br />The undersigned (authorized official signing for the contracting organization) certifies that the statements herein are <br />true, complete, and accurate to the best of his or her knowledge, and that he or she is aware that any false, fictitious, <br />or fraudulent statements or claims may subject him or her to criminal, civil, or administrative penalties. The <br />undersigned agrees that the contracting organization will comply with the Public Health Service terms and <br />conditions of award if a contract is awarded. <br />5. CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE <br />Public Law 103-227, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in <br />any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for <br />the provision of health, day care, early childhood development services, education or library services to children <br />under the age of 18, if the services are funded by Federal programs either directly or through State or local <br />governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to children's services that are <br />provided in indoor facilities that are constructed, operated, or maintained with such Federal funds. The law does not <br />apply to children's services provided in private residence, portions of facilities used for inpatient drug or alcohol <br />treatment, service providers whose sole source of applicable Federal funds is Medicare or Medicaid, or facilities <br />where WIC coupons are redeemed. <br />Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to <br />$1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. <br />By signing the certification, the undersigned certifies that the contracting organization will comply with the <br />requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision <br />of services for children as defined by the Act. <br />The contracting organization agrees that it will require that the language of this certification be included in any <br />subcontracts which contain provisions for children's services and that all subrecipients shall certify accordingly. <br />The Public Health Services strongly encourages all recipients to provide a smoke-free workplace and promote the <br />non-use of tobacco products. This is consistent with the PHS mission to protect and advance the physical and <br />mental health of the American people. <br />6. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSmILITY <br />MATTERS -INSTRUCTIONS FOR CERTIFICATION <br />By signing and submitting this proposal, the prospective contractor is providing the certification set out below. <br />A. The inability of a person to provide the certification required below will not necessarily result in denial of <br />participation in this covered transaction. The prospective contractor shall submit an explanation of why it <br />cannot provide the certification set out below. The certification or explanation will be considered in connection <br />with the department or agency's determination whether to enter into this transaction. However, failure of the <br />prospective contractor to furnish a certification or an explanation shall disqualify such person from participation <br />in this transaction. <br />2018-2020 Consolidated Contract Page 13 of 17