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GENERAL TERMS AND CONDITIONS
<br /> INTERAGENCY
<br /> 2. FEDERAL FUNDS
<br /> 6. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
<br /> VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS
<br /> A. Contractor shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitiled
<br /> "Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)."
<br /> Contractor is responsible for ensuring that any lower tier covered transactions as described in
<br /> Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled"Covered Transactions," includes a
<br /> term or condition requiring compliance with Subpart C. Contractor is responsible for further
<br /> requiring the inclusion of a similar term or condition in any subsequent lower tier covered
<br /> transactions. Contractor_acknowledges that failing to disclose the information as required at 2
<br /> CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of
<br /> legal remedies, including suspension and debarment.
<br /> Contractor may access the Excluded Parties List System at www.epls.gov. This term and
<br /> condition supercedes EPA Form 5700-49, "Certification regarding Debarment, Suspension, and
<br /> Other Responsibility Matters."
<br /> B. Contractor, defined as the primary participant and its principals, certifies by signing these
<br /> General Terms and Conditions that to the best of its knowledge and belief that they:
<br /> 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
<br /> voluntarily excluded from covered transactions by any Federal department or agency.
<br /> 2. Have not within a three-year period preceding this Agreement, been convicted of or had a
<br /> civil judgment rendered against them for commission of fraud or a criminal offense in
<br /> connection with obtaining, attempting to obtain, or performing a public or private agreement
<br /> or transaction, violation of Federal or State antitrust statutes or commission of embezzlement,
<br /> theft, forgery, bribery, falsification or destruction of records, making false statements, tax
<br /> evasion, receiving stolen property, making false claims, or obstruction of justice;
<br /> 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
<br /> entity(Federal, State, or local) with commission of any of the offenses enumerated in
<br /> paragraph (1)(b) of this section; and
<br /> 4. Have not within a three-year period preceding the signing of this Agreement had one or more
<br /> public transactions (Federal, State, or local)terminated for cause of default.
<br /> C. Where the Contractor is unable to certify to any of the statements in this Agreement, the
<br /> Contractor shall attach an explanation to this Agreement.
<br /> D. The Contractor agrees by signing this Agreement that it shall not knowingly enter into any lower
<br /> tier covered transaction with a person who is debarred, suspended, declared ineligible, or
<br /> voluntarily excluded from participation in this covered transaction, unless authorized by
<br /> COMMERCE.
<br /> E. The Contractor further agrees by signing this Agreement that it will include the clause titled
<br /> "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier
<br /> Covered Transaction," as follows, without modification, in all lower tier covered transactions and
<br /> in all solicitations for lower tier covered transactions:
<br /> LOWER TIER COVERED TRANSACTIONS
<br /> a) The lower tier contractor certifies, by signing this Agreement that neither it nor its principals is
<br /> presently debarred, suspended, proposed for debarment, declaredineligible, or voluntarily
<br /> excluded from participation in this transaction by any Federal department or agency.
<br /> b) Where the lower tier contractor is unable to certify to any of the statements in this Agreement,
<br /> such contractor shall attach an explanation to this Agreement.'
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