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ATTACHMENT NO. 5 <br />CERTIFICATION REGARDING DEBARMENT, <br />SUSPENSION, INELIGIBILITY AND VOLUNTARY <br />EXCLUSION - LOWER TIER COVERED TRANSACTIONS <br />24 CFR Part 24, Appendix B <br />Instructions for Certification <br />1. By signing and submitting this proposal, the prospective <br />lower tier participant is providing the certification set out <br />below. <br />2. The certification in this clause is a material representation <br />of fact upon which reliance was placed when this transaction was <br />entered into. If it is later determined that the prospective <br />lower tier participant knowingly rendered an erroneous <br />certification, in addition to other remedies available to the <br />Federal Government, the department or agency with which this <br />transaction originated may pursue available remedies, including <br />suspension and/or debarment. <br />3. The prospective lower tier participant shall provide <br />immediate written notice to the person to which this proposal is <br />submitted if at any time the prospective lower tier participant <br />learns that its certification was erroneous when submitted or has <br />become erroneous by reason of charged circumstances. <br />4.. The terms covered transaction, debarred, suspended, <br />ineligible, lower tier covered transaction, participant, person, <br />primary covered transaction, principal, proposal, and voluntarily <br />excluded, as used in this clause, have the meanings set out in the <br />Definitions and Coverage sections of rules implementing Executive <br />Order 12549. You may contact the person to which this proposal is <br />submitted for assistance in obtaining a copy of those regulations. <br />5. The prospective lower tier participant agrees by submitting <br />this proposal that, should the proposed covered transaction be <br />entered into, it shall not knowingly enter into any lower tier <br />covered transaction with a person who is debarred, suspended, <br />declared ineligible, or voluntarily excluded from participation in <br />this covered transaction, unless authorized by the department or <br />agency with which this transaction originated. <br />6. The prospective lower tier participant further agrees by <br />submitting this proposal that it will include this clause titled <br />"Certification Regarding Debarment, Suspension, Ineligibility and <br />Voluntary Exclusion - Lower Tier Covered Transaction," without <br />modification, in all lower tier covered transactions and in all <br />solicitations for lower tier covered transactions. <br />7. A participant in a <br />covered transaction may <br />Nip\staff\sk\agreement\ Page 16 of 31 <br />Garfield HOPWA Agreement <br />11-07-01 <br />rely upon a <br />