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PAGE 2 - INSTRUCTIONS FOR CERTIFICATION <br />1.By signing and submitting this certification, the prospective contracting party is providing the certificationset out below. <br />2.The inability of a person to provide the certification required below will not necessarily result in denialof participation in this covered transaction. The prospective contracting party shall submit anexplanation of why it cannot provide the certification set out below. The certification or explanationwill be considered in connection with the Metro Flood Diversion Authority’s (the “Authority”)determination whether to enter into this transaction. However, failure of the prospective contractingparty to furnish a certification or an explanation shall disqualify such person from entering into <br />contracts with the Authority. <br />3.The certification in this clause is a material representation of fact upon which reliance was placed whenthe Authority determined to enter into a contract with the prospective contracting party. In order to <br />qualify for participation in the U.S. EPA WIFIA program the Authority is required to obtain thiscertification. If it is later determined that the prospective contracting party knowingly rendered anerroneous certification, in addition to other remedies available to both the Authority and the Federal <br />Government, the Authority may terminate this transaction for cause or default. <br />4.The prospective contracting party shall provide immediate written notice to the Authority to which thisCertificate is submitted if at any time the prospective contracting party learns that its certification was <br />erroneous when submitted or has become erroneous by reason of changed circumstances. <br />5.The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier coveredtransaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and <br />“voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coveragesections of the rules implementing Executive Order 12549. You may contact the Authority forassistance in obtaining a copy of those regulations (13 CFR Part 145). <br />6.The prospective contracting party agrees by submitting this certification that, should the proposedcovered transaction be entered into, it shall not knowingly enter into any lower tier covered transactionwith a person who is debarred, suspended, declared ineligible, or voluntarily excluded from <br />participation in this covered transaction, unless authorized by the Authority. <br />7.The prospective contracting party further agrees by submitting this certification that it will require a <br />“Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower TierCovered Transactions,” from all sub-contractors without modification, in all lower tier coveredtransactions and in all solicitations for lower tier covered transactions. <br />8.A contracting party in a covered transaction may rely upon a certification of a prospective participant ina lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excludedfrom the covered transaction, unless it knows that the certification is erroneous. A contracting party <br />may decide the method and frequency by which it determines the ineligibility of its principals. <br />9.Nothing contained in the foregoing shall be construed to require establishment of a system of recordsin order to render in good faith the certification required by this clause. The knowledge and information <br />of a contracting party is not required to exceed that which is normally possessed by a prudent person inthe ordinary course of business dealings. <br />10.Except for transactions authorized under paragraph 6 of these instructions, if a contracting party in a <br />covered transaction knowingly enters into a lower tier covered transaction with a person who issuspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, inaddition to other remedies available to the Federal Government, the Authority may terminate this <br />transaction for cause or default.