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XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING <br /> (Applicable to all Federal -aid construction Contracts and to all related subcontracts which exceed <br /> $ 100 ) 000 - 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 employee of any Federal <br /> agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of <br /> Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the <br /> making of any Federal loan, the entering into of any cooperative agreement, and the extension , <br /> continuation , renewal, amendment, or modification of any Federal Contract, grant, loan , or cooperative <br /> agreement. <br /> b . If any finds other than Federal appropriated funds have been paid or will be paid to any <br /> person for influencing or attempting to influence an officer or employee of any Federal agency, a Member <br /> of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection <br /> with this Federal Contract, grant, loan , or cooperative agreement, the undersigned shall complete and <br /> submit Standard Fonn-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions . <br /> 2 . This certification is a material representation of fact upon which reliance was placed when this <br /> transaction was made or entered into . Submission of this certification is a prerequisite for making or <br /> entering into this transaction imposed by 31 U . S . C . 1352 . Any person who fails to file the required <br /> certification shall be subject to a civil penalty of not less than $ 10 , 000 and not more than $ 100 , 000 for <br /> 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 , which exceed <br /> $ 100 , 000 and that all such recipients shall certify and disclose accordingly. <br />