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The Public Health Services strongly encourages all recipients to provide a smoke -free <br />workplace and promote the non-use of tobacco products. This is consistent with the PHS <br />mission to protect and advance the physical and mental health of the American people. <br />f. CERTIFICATION REGARDING OTHER RESPONSIBILITY MATTERS <br />1. The inability of a person to provide the certification required below will not necessarily <br />result in denial of participation in this covered transaction. The prospective contractor <br />shall submit an explanation of why it cannot provide the certification set out below. The <br />certification or explanation will be considered in connection with the department or <br />agency's determination whether to enter into this transaction. However, failure of the <br />prospective contractor to furnish a certification or an explanation shall disqualify such <br />person from participation in this transaction. <br />2. The certification in this clause is a material representation of fact upon which reliance <br />was placed when the department or agency determined to enter into this transaction. If <br />it is later determined that the prospective contractor knowingly rendered an erroneous <br />certification, in addition to other remedies available to the Federal Government, the <br />department or agency may terminate this transaction for cause of default. <br />3. The prospective contractor shall provide immediate written notice to the department or <br />agency to whom this contract is submitted if at any time the prospective contractor <br />learns that its certification was erroneous when submitted or has become erroneous by <br />reason of changed circumstances. <br />4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered <br />transaction, participant, person, primary covered transaction, principal, proposal, and <br />voluntarily excluded, as used in this clause, have the meanings set out in the <br />Definitions and Coverage sections of the rules implementing Executive Order 12549. <br />You may contact the person to whom this contract is submitted for assistance in <br />obtaining a copy of those regulations. <br />5. The prospective contractor agrees by submitting this contract that, should the <br />proposed covered transaction be entered into, it shall not knowingly enter into any <br />lower tier covered transaction with a person who is debarred, suspended, declared <br />ineligible, or voluntarily excluded from participation in this covered transaction, unless <br />authorized by Authority. <br />6. Nothing contained in the foregoing shall be construed to require establishment of a <br />system of records in order to render in good faith the certification required by this <br />clause. The knowledge and information of a participant is not required to exceed that <br />which is normally possessed by a prudent person in the ordinary course of business <br />dealings. <br />7. Except for transactions authorized under paragraph 6 of these instructions, if a <br />participant in a covered transaction knowingly enters into a lower tier covered <br />transaction with a person who is suspended, debarred, ineligible, or voluntarily <br />excluded from participation in this transaction, in addition to other remedies available <br />to the Federal Government, HCA may terminate this transaction for cause or default. <br />Washington State 22 HCA Contract #K7843 <br />Health Care Authority <br />