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DOH CONTRACT #: CLH 18249
<br />B. The certification in this clause is a material representation of fact upon which reliance was placed when the
<br />department or agency detennined to enter into this transaction. If it is later detennined that the prospective
<br />contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
<br />Government, the department or agency may tenninate this transaction for cause of default.
<br />C. The prospective contractor shall provide immediate written notice to the department or agency to whom this
<br />contract is submitted if at any time the prospective contractor learns that its certification was erroneous when
<br />submitted or has become erroneous by reason of changed circumstances.
<br />D. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
<br />person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
<br />the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order
<br />12549. You may contact the person to whom this contract is submitted for assistance in obtaining a copy of
<br />those regulations.
<br />E. The prospective contractor agrees by submitting this contract that, should the proposed covered transaction be
<br />entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
<br />suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
<br />authorized by DOH.
<br />F. The prospective contractor further agrees by submitting this contract that it will include the clause titled
<br />Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered
<br />Transaction, provided by HHS, without modification, in all lower tier covered transactions and in all
<br />solicitations for lower tier covered transactions.
<br />G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
<br />covered transaction that it is not 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 detennines the eligibility of its principals. Each participant may, but is not required to,
<br />check the Nonprocurement List (of excluded parties).
<br />H. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
<br />render in good faith the certification required by this clause. The knowledge and information of a participant is
<br />not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
<br />dealings.
<br />1. Except for transactions authorized under paragraph 6. of these instructions, if a participant in a covered
<br />transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
<br />ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available
<br />to the Federal Government, DOH may tenninate this transaction for cause or default.
<br />7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSffiILITY
<br />MATTERS -PRIMARY COVERED TRANSACTIONS
<br />A. The prospective contractor certifies to the best of its knowledge and belief, that it and its principals:
<br />1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
<br />from covered transactions by any Federal department or agency;
<br />2) Have not within a three-year period preceding this contract been convicted of or had a civil judgment
<br />rendered against them for commission of fraud or a criminal offense in connection with obtaining,
<br />attempting to obtain, or perfonning a public (Federal, State or local) transaction or contract under a public
<br />transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
<br />bribery, falsification or destruction of records, making false statements, or receiving stolen property;
<br />3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
<br />State or local) with commission of any of the offenses enumerated in paragraph 1. B. of this certification;
<br />and
<br />2018-2020 Consolidated Contract Page 14 of 17
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