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9.4, debatTed , su s pended , declared ineligibli:, or vol unt ar il y ex c luded from part ic ip atio n in thi s co vered <br />tr ansac ti on, un le ss auth orized by NHTS A. <br />35.6. The lower tier part icip ant further agree s by signing th is Agreement that it will include the clause titled <br />"Ins tructi o ns for Lower Tier Cert ification " including the "Certification Regardi ng Debarment. Sus pens io n. <br />[nel igibility and Vol untary Exclusi on -Lower Tier Co vered Transacti on." with out mod ific ation , in all lower <br />tier co vered trans actions and in all so licita tions for lower tier cov ered transactions , and wil l require lower tier <br />participants to comply with 2 CFR part 180 and 23 CFR part 1300. <br />35.7. A participant in a covered transacti on may rel y upon a certification o f a prospective participant in a <br />lower tier covered transaction that it is not proposed for de barment under 48 CFR part 9, subpart 9.4 , <br />debarred, suspended, ineligible, or voluntarily excluded fr om the covered transacti on, unless it knows that th e <br />cert ificati o n is erroneous . A participant ma y decide the method and frequency by which it determines the <br />eligibility of its principals . Each participant may , but is not required to, check the List of Parties Ex cl uded <br />from Federal Procurement and Non-procurement Programs . <br />35.8. Nothing contained in the foreg o ing shal I be construed to require establishment of a system of records in <br />order to render in good faith the certificati on requ ired by this clause . The knowledge and information of a <br />participant is not required to exceed that which is normally possessed by a prudent person in the ordinary <br />course of bus iness dea lings . <br />35.9. Except for transac t ions authorized under paragraph 35.5 . of these instructions , if a participant in a <br />covered transaction knowingl y enters into a lower tier covered transacti on with a person who is proposed for · <br />debarment under 48 CFR part 9, subpart 9.4 , suspended , debarred , inelig ible , or voluntarily excluded fr om <br />participation in this transaction , the department or agency with which this transaction originated may <br />disallow costs, annul or term inate the transaction, issue a stop work order , debar or suspend you, or take <br />other remedies as appropriate . <br />Certificat ion Regarding Oebannent, Suspension, lneligibi lit y and Voluntary Exclusion -Lower Tier Covered <br />Transaction s <br />35.10. The lower tier partic ipant certifies , by signing this Agreement, that ne ither it nor its principals are <br />presently debarred, suspended, proposed for debarment , declared ineligible, or voluntarily excluded from <br />part icipation in this transaction by an y federal department or agency. <br />35.11. Where the lower tier participant is un a ble t o cert ify to any of the statemen ts in this certificat io n, such <br />part icipant shal l attach an explanation to this Agreement. <br />36. THE DRUG-FREE WORKPLACE ACT Of 1988 (41 U.S.C. 8103) <br />36.1. The SUB -RECfPIENT shall : <br />36.l.1. Publ ish a statement notifying emplo yees that th e unla w ful manufacture , distribution , dispensing , <br />possession , or use of a controlled substance is proh ibited in the workplace, and shall spec ify the act ions that <br />w il l be taken aga ins t emplo yees for viol ati on of such prohibition .