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<br />Washington State <br />Health Care Authority Page 35 of 53 Contract # 2747 <br /> <br /> <br />award documents for all subcontracts at all tiers <br />(including subcontracts, subcontracts, and <br />contracts under grants, loans and cooperative <br />agreements) and that all sub-recipients shall <br />certify and disclose accordingly. <br /> <br />This certification is a material representation of fact <br />upon which reliance was placed when this <br />transaction was made or entered into. Submission of <br />this certification is a prerequisite for making or <br />entering into this transaction imposed by Section <br />1352, U.S. Code. Any person who fails to file the <br />required certification shall be subject to a civil penalty <br />of not less than $10,000 and not more than $100,000 <br />for each such failure. <br /> <br />4. CERTIFICATION REGARDING PROGRAM <br />FRAUD CIVIL REMEDIES ACT (PFCRA) <br /> <br />The undersigned (authorized official signing for the <br />contracting organization) certifies that the <br />statements herein are true, complete, and accurate <br />to the best of his or her knowledge, and that he or <br />she is aware that any false, fictitious, or fraudulent <br />statements or claims may subject him or her to <br />criminal, civil, or administrative penalties. The <br />undersigned agrees that the contracting <br />organization will comply with the Public Health <br />Service terms and conditions of award if a contract <br />is awarded. <br /> <br />5. CERTIFICATION REGARDING <br />ENVIRONMENTAL TOBACCO SMOKE <br />Public Law 103-227, also known as the Pro- <br />Children Act of 1994 (Act), requires that smoking <br />not be permitted in any portion of any indoor facility <br />owned or leased or contracted for by an entity and <br />used routinely or regularly for the provision of <br />health, day care, early childhood development <br />services, education or library services to children <br />under the age of 18, if the services are funded by <br />Federal programs either directly or through State or <br />local governments, by Federal grant, contract, loan, <br />or loan guarantee. The law also applies to <br />children’s services that are provided in indoor <br />facilities that are constructed, operated, or <br />maintained with such Federal funds. The law does <br />not apply to children’s services provided in private <br />residence, portions of facilities used for inpatient <br />drug or alcohol treatment, service providers whose <br />sole source of applicable Federal funds is Medicare <br />or Medicaid, or facilities where WIC coupons are <br />redeemed. <br /> <br />Failure to comply with the provisions of the law <br />may result in the imposition of a civil monetary <br />penalty of up to $1,000 for each violation and/or <br />the imposition of an administrative compliance <br />order on the responsible entity. <br /> <br />By signing the certification, the undersigned <br />certifies that the contracting organization will <br />comply with the requirements of the Act and will not <br />allow smoking within any portion of any indoor <br />facility used for the provision of services for children <br />as defined by the Act. <br /> <br />The contracting organization agrees that it will <br />require that the language of this certification be <br />included in any subcontracts which contain <br />provisions for children’s services and that all sub- <br />recipients shall certify accordingly. <br /> <br />The Public Health Services strongly <br />encourages all recipients to provide a smoke- <br />free workplace and promote the non-use of <br />tobacco products. This is consistent with the <br />PHS mission to protect and advance the <br />physical and mental health of the American <br />people. <br /> <br />6. CERTIFICATION REGARDING <br />DEBARMENT, SUSPENSION, AND OTHER <br />RESPONSIBILITY MATTERS <br />INSTRUCTIONS FOR CERTIFICATION <br />1) By signing and submitting this proposal, the <br />prospective contractor is providing the <br />certification set out below. <br />2) The inability of a person to provide the <br />certification required below will not necessarily <br />result in denial of participation in this covered <br />transaction. The prospective contractor shall <br />submit an explanation of why it cannot provide <br />the certification set out below. The certification <br />or explanation will be considered in connection <br />with the department or agency's determination <br />whether to enter into this transaction. However, <br />failure of the prospective contractor to furnish a <br />certification or an explanation shall disqualify <br />such person from participation in this <br />transaction. <br />3) The certification in this clause is a material <br />representation of fact upon which reliance was <br />placed when the department or agency <br />determined to enter into this transaction. If it is <br />later determined that the prospective contractor <br />knowingly rendered an erroneous certification, <br />in addition to other remedies available to the