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contractor knowingly rendered an erroneous
<br />certification, in addition to other remedies
<br />available to the Federal Government, the
<br />department or agency may terminate this
<br />transaction for 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
<br />at any time the prospective contractor learns
<br />that its certification was erroneous when
<br />submitted or has become erroneous by
<br />reason of 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
<br />may contact the person to whom this contract
<br />is submitted for assistance in obtaining a
<br />copy of those regulations.
<br />6) The prospective contractor agrees by
<br />submitting this contract that, should the
<br />proposed covered transaction be entered
<br />into, it shall not knowingly enter into any lower
<br />tier 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
<br />tier covered transactions .
<br />8) A participant in a covered transaction may
<br />rely upon a certification of a prospective
<br />participant in a lower tier covered transaction
<br />that it is not debarred, suspended, ineligible,
<br />or voluntarily excluded from the covered
<br />transaction, unless it knows that the
<br />certification is erroneous. A participant may
<br />decide the method and frequency by which it
<br />determines the eligibility of its principals.
<br />Each participant may, but is not required to,
<br />check the Non-procurement List (of excluded
<br />parties).
<br />9) Nothing contained in the foregoing shall be
<br />construed to require establishment of a
<br />system of records in order to render in good
<br />faith the certification required by this clause.
<br />The knowledge and information of a
<br />participant is not required to exceed that
<br />which is normally possessed by a prudent
<br />person in the ordinary course of business
<br />dealings.
<br />10) Except for transactions authorized under
<br />paragraph 6 of these instructions, if a
<br />participant in a covered transaction
<br />knowingly enters into a lower tier covered
<br />transaction with a person who is suspended,
<br />debarred, ineligible, or voluntarily excluded
<br />from participation in this transaction, in
<br />addition to other remedies available to the
<br />Federal Government, Authority may
<br />terminate this transaction for cause or
<br />default.
<br />7. CERTIFICATION REGARDING
<br />DEBARMENT, SUSPENSION, AND
<br />OTHER RESPONSIBILITY MATTERS -
<br />-PRIMARY COVERED
<br />TRANSACTIONS
<br />1) The prospective contractor certifies to the
<br />best 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
<br />preceding this contract been convicted of
<br />or had a civil judgment rendered against
<br />them for commission of fraud or a
<br />criminal offense in connection with
<br />obtaining, attempting to obtain, or
<br />performing a public (Federal, State or
<br />local) transaction or contract under a
<br />public transaction; violation of Federal or
<br />State antitrust statutes or commission of
<br />embezzlement, theft, forgery, bribery,
<br />falsification or destruction of records,
<br />making false statements, or receiving
<br />stolen property;
<br />c) Are not presently indicted for or
<br />otherwise criminally or civilly charged by
<br />a governmental entity (Federal, State or
<br />local) with commission of any of the
<br />offenses enumerated in paragraph (1 )(b)
<br />of this certification; and
<br />d) Have not within a three-year period
<br />preceding this contract had one or more
<br />Washington State
<br />Health Care Authority Page 49 of90 HCA Contract No. K3924
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