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. BK - 00026 PG - 0477
<br />Consolidated Agreement FY15 Page 24 of 28
<br />M. Certification Regarding Environmental Tobacco Smoke
<br />Public Law 103 -227, Part C- Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994 (Act), requires that
<br />smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely
<br />or regularly for the provision of health, day care, education, or library services to children under the age of 18, if the services are
<br />funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan
<br />guarantee. The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or
<br />Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions of
<br />the law may result in the imposition of a civil monetary penalty of up to $1,000.00 per day and/or the imposition of an
<br />administrative compliance order on the responsible entity.
<br />The Contractor certifies that it will comply with the requirements of the Act. The Contractor further agrees that it will require
<br />the language of this certification be included in any subawards that contain provisions for children's services and that all
<br />subgrantees shall certify accordingly.
<br />IV. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier
<br />Covered Transactions
<br />Instructions
<br />[The phrase "prospective lower tier participant" means the Contractor.]
<br />1. By signing and submitting this document, the prospective lower tier participant is providing the certification set out below.
<br />2. The certification in this clause is a material representation of the fact upon which reliance was placed when this transaction
<br />was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
<br />certification, in addition to other remedies available to the Federal Government, the department or agency with which this
<br />transaction originate may pursue available remedies, including suspension and/or debarment.
<br />3. The prospective lower tier participant will provide immediate written notice to the person to whom this proposal is
<br />submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or
<br />has become erroneous by reason of changed circumstances.
<br />4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant,"
<br />"person, "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have
<br />the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, 45 CFR Part
<br />76. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
<br />5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
<br />entered into, it shall not knowingly enter any lower tier covered transaction with a person who is debarred, suspended,
<br />determined ineligible or voluntarily excluded from participation in this covered transaction unless authorized by the
<br />department or agency with which this transaction originated.
<br />6. The prospective lower tier participant further agrees by submitting this document that it will include the clause titled
<br />"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction,"
<br />without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
<br />7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
<br />transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from covered transaction, unless it knows
<br />that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility
<br />of its principals. Each participant may, but is not required to, check the Nonprocurement List.
<br />8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
<br />good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed
<br />that which is normally possessed by a prudent person in the ordinary course of business dealings.
<br />9. Except for transactions authorized in paragraph 5 of these instructions, if a participant in a covered transaction knowingly
<br />enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded
<br />from participation in this transaction, in addition to other remedies available to the Federal Government, the department or
<br />agency with which this transaction originated may pursue available remedies, including suspension, and/or debarment.
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