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DOH CONTRACT #: CLH18249
<br />B. The certification in this clause is a material representation of fact upon which reliance was placed when the
<br />department or agency determined to enter into this transaction. If it is later determined 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 terminate 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 wis erroneous when
<br />submitted or has become effoneous by reason of changed circumstances.
<br />D. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
<br />primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the
<br />meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You
<br />may contact the person to whom this contract is submitted for assistance in obtaining a copy of 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 solicitations
<br />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 frequency
<br />by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
<br />Nonprocurement List (of excluded parties).
<br />H. Nothing contained in the foregoing shall be construed to require estiiblishment o[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 ofbusiness
<br />dealings.
<br />I. Except for transactions authorized under paragraph 6. ofthese instructions, ifa participant in a covered transaction
<br />knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or
<br />voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal
<br />Government, DOH may terminate this transaction for cause or default.
<br />7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
<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 />l) Are not presently debaned, 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 rendered
<br />against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,
<br />or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of
<br />Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
<br />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 l. B. of this certification; and
<br />4) Have not within a three-year period preceding this contract had one or more public transactions (Federal,
<br />State or local) terminated for cause or default.
<br />201 8-2Ag 2 02 I Consolidated Contract Page 14 of17
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