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<br />Washington State
<br />Health Care Authority Page 36 of 53 Contract # 2747
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<br />Federal Government, the department or
<br />agency may terminate this transaction for
<br />cause of default.
<br />4) The prospective contractor shall provide
<br />immediate written notice to the department or
<br />agency to whom this contract is submitted if at
<br />any time the prospective contractor learns that
<br />its certification was erroneous when submitted
<br />or has become erroneous by reason of
<br />changed circumstances.
<br />5) The terms covered transaction, debarred,
<br />suspended, ineligible, lower tier covered
<br />transaction, participant, person, primary
<br />covered transaction, principal, proposal, and
<br />voluntarily excluded, as used in this clause,
<br />have the meanings set out in the Definitions
<br />and Coverage sections of the rules
<br />implementing Executive Order 12549. You may
<br />contact the person to whom this contract is
<br />submitted for assistance in obtaining a copy of
<br />those regulations.
<br />6) The prospective contractor agrees by
<br />submitting this contract that, should the
<br />proposed covered transaction be entered into,
<br />it shall not knowingly enter into any lower tier
<br />covered transaction with a person who is
<br />debarred, suspended, declared ineligible, or
<br />voluntarily excluded from participation in this
<br />covered transaction, unless authorized by
<br />Authority.
<br />7) The prospective contractor further agrees by
<br />submitting this contract that it will include the
<br />clause titled ``Certification Regarding
<br />Debarment, Suspension, Ineligibility and
<br />Voluntary Exclusion -- Lower Tier Covered
<br />Transaction,'' provided by HHS, without
<br />modification, in all lower tier covered
<br />transactions and in all solicitations for lower tier
<br />covered transactions.
<br />8) A participant in a covered transaction may rely
<br />upon a certification of a prospective participant
<br />in a lower tier covered transaction that it is not
<br />debarred, suspended, ineligible, or voluntarily
<br />excluded from the covered transaction, unless
<br />it knows that the certification is erroneous. A
<br />participant may decide the method and
<br />frequency by which it determines the eligibility
<br />of its principals. Each participant may, but is not
<br />required to, check the Non-procurement List (of
<br />excluded parties).
<br />9) Nothing contained in the foregoing shall be
<br />construed to require establishment of a system
<br />of records in order to render in good faith the
<br />certification required by this clause. The
<br />knowledge and information of a participant is
<br />not required to exceed that which is normally
<br />possessed by a prudent person in the ordinary
<br />course of business dealings.
<br />10) Except for transactions authorized under
<br />paragraph 6 of these instructions, if a
<br />participant in a covered transaction knowingly
<br />enters into a lower tier covered transaction with
<br />a person who is suspended, debarred,
<br />ineligible, or voluntarily excluded from
<br />participation in this transaction, in addition to
<br />other remedies available to the Federal
<br />Government, Authority may terminate this
<br />transaction for cause or default.
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<br />7. CERTIFICATION REGARDING
<br />DEBARMENT, SUSPENSION, AND OTHER
<br />RESPONSIBILITY MATTERS -- PRIMARY
<br />COVERED TRANSACTIONS
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<br />1) The prospective contractor certifies to the best
<br />of its knowledge and belief, that it and its
<br />principals:
<br />a) Are not presently debarred, suspended,
<br />proposed for debarment, declared
<br />ineligible, or voluntarily excluded from
<br />covered transactions by any Federal
<br />department or agency;
<br />b) Have not within a three-year period preceding
<br />this contract been convicted of or had a civil
<br />judgment rendered against them for
<br />commission of fraud or a criminal offense in
<br />connection with obtaining, attempting to obtain,
<br />or performing a public (Federal, State or local)
<br />transaction or contract under a public
<br />transaction; violation of Federal or State
<br />antitrust statutes or commission of
<br />embezzlement, theft, forgery, bribery,
<br />falsification or destruction of records, making
<br />false statements, or receiving stolen property;
<br />c) Are not presently indicted for or otherwise
<br />criminally or civilly charged by a
<br />governmental entity (Federal, State or
<br />local) with commission of any of the
<br />offenses enumerated in paragraph (1)(b) of
<br />this certification; and
<br />d) Have not within a three-year period
<br />preceding this contract had one or more
<br />public transactions (Federal, State or local)
<br />terminated for cause or default.
<br />2) Where the prospective contractor is unable to
<br />certify to any of the statements in this certification,
<br />such prospective contractor shall attach an
<br />explanation to this proposal.
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