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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion <br /> -- Subcontracts and Purchase Orders: <br /> 1 . The prospective lower tier participant certifies , by submission of this proposal , that <br /> neither it nor its principals is presently debarred , suspended , proposed for debarment, declared <br /> ineligible , or voluntarily excluded from participation in this transaction by any Federal department or <br /> agency. <br /> 2 . Where the prospective lower tier participant is unable to certify to any of the <br /> statements in this certification , such prospective participant shall attach an explanation to this <br /> proposal . <br /> 16 . CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING <br /> (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $ 100 , 000 - <br /> 49 CFR 20 ) <br /> ( 1 ) The prospective participant certifies , by signing and submitting this bid or proposal , to the best <br /> of his or her knowledge and belief, that: <br /> a . No Federal appropriated funds have been paid or will be paid , by or on behalf of the <br /> undersigned , to any person for influencing or attempting to influence an officer or <br /> employee of any Federal agency, a Member of Congress , an officer or employee of <br /> Congress , or an employee of a Member of Congress in connection with the awarding <br /> of any Federal contract, the making of any Federal grant, the making of any Federal <br /> loan , the entering into of any cooperative agreement, and the extension , <br /> continuation , renewal , amendment, or modification of any Federal contract , grant, <br /> loan , or cooperative agreement. <br /> b . If any funds other than Federal appropriated funds have been paid or will be paid to <br /> any person for influencing or attempting to influence an officer or employee of any <br /> Federal agency, a Member of Congress , an officer or employee of Congress , or an <br /> employee of a Member of Congress in connection with this Federal contract, grant, <br /> loan , or cooperative agreement, the undersigned shall complete and submit <br /> Standard Form-LLL , " Disclosure Form to Report Lobbying ," in accordance with its <br /> instructions . <br /> (2) This certification is a material representation of fact upon which reliance was placed when <br /> this transaction was made or entered into . Submission of this certification is a prerequisite for <br /> making or entering into this transaction imposed by 31 U . S . C . 1352 . Any person who fails to <br /> file the required certification shall be subject to a civil penalty of not less than $ 10 ,000 and not <br /> more than $ 100 , 000 for each such failure . <br /> (3 ) The prospective participant also agrees by submitting his or her bid or proposal that he or she <br /> shall require that the language of this certification be included in all lower tier subcontracts , <br /> which exceed $ 100 , 000 and that all such recipients shall certify and disclose accordingly. <br /> 17 . BUY AMERICA <br /> All steel or iron used must be produced in the United States , in accordance with 23 CFR 635 .410 , as <br /> amended . All manufacturing processes , including grinding , drilling , welding , finishing or application of a <br /> coating , for such steel or iron materials , must occur in the United States . Coating includes all processes <br /> which protect or enhance the value of the material to which the coating is applied . If domestic steel or iron <br /> is taken outside of the United States for any process , it becomes foreign source material . If steel or iron <br /> will be a component of any manufactured product incorporated into the project, these same provisions <br /> apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of <br /> 19 <br /> F :\Engineering\Capital Projects\0604- 12th St Sidewalk Improve between 43rd Ave & 27th Ave\0604 Federal <br /> Contract Provisions . doc a29/2008 3:20:34 PM <br />