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CERTIFICATION REGARDING DEBARMENT AND SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION -- LOWER TIER COVERED TRANSACTIONS The Common Rule on Government-wide Debarment and Suspension (Non-Procurement) and the U.S. Department of Energy's implementation under 10 CFR 1036 requires the Energy Division, N.C. Department of Commerce to obtain certification regarding debarment and suspension from the following: - all subgrants and procurement contracts for goods and services expected to equal to equal or exceed the Federal procurement small purchases threshold (currently $25,000). - procurement contracts for goods or services regardless of amount under which a person (as defined in the Common Rule) will have a critical influence on or sub- stantive control over that covered transaction, (i.e. principal investigators and providers of Federally required audit services.) After carefully reading the following, please sign, date and return to the Energy Division, N.C. Department of Commerce, 430 North Salisbury Street, Raleigh, North Carolina 27611. Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is'a material representation of fact upon .which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered-transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.