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<br /> permitted in any portion of any indoor facility owned or determination whether to enter into this transaction.
<br /> leased or contracted for by an entity and used routinely However, failure of the prospective contractor to
<br /> or regularly for the provision of health, day care,early furnish a certification or an explanation shall
<br /> childhood development services, education or library disqualify such person from participation in this
<br /> services to children under the age of 18, if the services transaction.
<br /> are funded by Federal programs either directly or 3) The certification in this clause is a material
<br /> through State or local governments,by Federal grant, representation of fact upon which reliance was
<br /> contract, loan, or loan guarantee. The law also applies to placed when the department or agency determined to
<br /> children's services that are provided in indoor facilities enter into this transaction. If it is later determined
<br /> that are constructed,operated, or maintained with such that the prospective contractor knowingly rendered
<br /> Federal funds.The law does not apply to children's an erroneous certification, in addition to other
<br /> services provided in private residence, portions of remedies available to the Federal Government,the
<br /> facilities used for inpatient drug or alcohol treatment, department or agency may terminate this transaction
<br /> service providers whose sole source of applicable for cause of default.
<br /> Federal funds is Medicare or Medicaid,or facilities 4) The prospective contractor shall provide immediate
<br /> where WIC coupons are redeemed. written notice to the department or agency to whom
<br /> this contract is submitted if at any time the
<br /> Failure to comply with the provisions of the law may prospective contractor learns that its certification
<br /> result in the imposition of a civil monetary penalty of up was erroneous when submitted or has become
<br /> to$1,000 for each violation and/or the imposition of an erroneous by reason of changed circumstances.
<br /> administrative compliance order on the responsible 5) The terms covered transaction, debarred, suspended,
<br /> entity. ineligible, lower tier covered transaction, participant,
<br /> person,primary covered transaction, principal,
<br /> By signing the certification,the undersigned certifies proposal,and voluntarily excluded, as used in this
<br /> that the contracting organization will comply with the clause,have the meanings set out in the Definitions
<br /> requirements of the Act and will not allow smoking and Coverage sections of the rules implementing
<br /> within any portion of any indoor facility used for the Executive Order 12549. You may contact the person
<br /> provision of services for children as defined by the Act. to whom this contract is submitted for assistance in
<br /> obtaining a copy of those regulations.
<br /> The contracting organization agrees that it will require 6) The prospective contractor agrees by submitting this
<br /> that the language of this certification be included in any contract that, should the proposed covered
<br /> subcontracts which contain provisions for children's transaction be entered into, it shall not knowingly
<br /> services and that all subrecipients shall certify enter into any lower tier covered transaction with a
<br /> accordingly. person who is debarred, suspended, declared
<br /> ineligible, or voluntarily excluded from participation
<br /> The Public Health Services strongly encourages all in this covered transaction, unless authorized by
<br /> recipients to provide a smoke-free workplace and DOH.
<br /> promote the non-use of tobacco products.This is 7) The prospective contractor further agrees by
<br /> consistent with the PHS mission to protect and advance submitting this contract that it will include the clause
<br /> the physical and mental health of the American people. titled "Certification Regarding Debarment,
<br /> Suspension,Ineligibility and Voluntary Exclusion--
<br /> 6. CERTIFICATION REGARDING Lower Tier Covered Transaction," provided by
<br /> DEBARMENT,SUSPENSION,AND OTHER HHS,without modification, in all lower tier covered
<br /> RESPONSIBILITY MATTERS transactions and in all solicitations for lower tier
<br /> INSTRUCTIONS FOR CERTIFICATION covered transactions.
<br /> 8) A participant in a covered transaction may rely upon
<br /> 1) By signing and submitting this proposal,the a certification of a prospective participant in a lower
<br /> prospective contractor is providing the certification tier covered transaction that it is not debarred,
<br /> set out below. suspended, ineligible, or voluntarily excluded from
<br /> 2) The inability of a person to provide the certification the covered transaction, unless it knows that the
<br /> required below will not necessarily result in denial certification is erroneous. A participant may decide
<br /> of participation in this covered transaction. The the method and frequency by which it determines
<br /> prospective contractor shall submit an explanation of the eligibility of its principals. Each participant may,
<br /> why it cannot provide the certification set out below. but is not required to, check the Nonprocurement
<br /> The certification or explanation will be considered in List(of excluded parties). 7 8
<br /> connection with the department or agency's
<br /> DOH Contract#N13413 Page 10 of 13 rev. 4/28/04
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