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frequency by which it determines the eligibility of its principals . Each XII . CERTIFICATION REGARDING USE OF CONTRACT FUNDS
<br /> participant may, but is not required to , check the Nonprocurement FOR LOBBYING
<br /> List.
<br /> (Applicable to all Federal-aid construction contracts and to all
<br /> h . Nothing contained in the foregoing shall be construed to related subcontracts which exceed $ 100 , 000 - 49 CFR 20)
<br /> require establishment of a system of records in order to render in
<br /> good faith the certification required by this clause . The knowledge 1 . The prospective participant certifies , by signing and submitting
<br /> and information of participant is not required to exceed that which is this bid or proposal , to the best of his or her knowledge and
<br /> belief,
<br /> normally possessed by a prudent person in the ordinary course of that:
<br /> business dealings .
<br /> a . No Federal appropriated funds have been paid or will be
<br /> i . Except for transactions authorized under paragraph a of paid , by or on behalf of the undersigned , to any person for influencing
<br /> these instructions , if a participant in a covered transaction knowingly or attempting to influence an officer or employee of any Federal
<br /> enters into a lower tier covered transaction with a person who is agency, a Member of Congress, an officer or employee of Congress
<br />,
<br /> suspended , debarred , ineligible , or voluntarily excluded from or an employee of a Member of Congress in connection
<br /> with the
<br /> participation in this transaction , in addition to other remedies available awarding of any Federal contract, the making of any Federal grant,
<br /> to the Federal Government, the department or agencywith which this the making of any Federal loan , the entering into of any cooperative
<br /> transaction originated may pursue available remedies , including agreement, and the extension , continuation , renewal , amendment, or
<br /> suspension and/or debarment. modification of any Federal contract, grant, loan , or cooperative
<br /> agreement.
<br /> " b. If an funds other than Federal appropriated ppropriated funds have
<br /> been paid or will be paid to any person for influencing or attempting
<br /> Certification Regarding Debarment, Suspension , Ineligibility to influence an officer or employee of any Federal agency, a Member
<br /> and Voluntary Exclusion-- Lower Tier Covered Transactions : of Congress , an officer or employee of Congress, or an employee of
<br /> a Member of Congress in connection with this Federal contract, grant ,
<br /> 1 . The prospective lower tier participant certifies , by submission of loan , or cooperative agreement, the undersigned shall complete and
<br /> this proposal , that neither it nor its principals is presently debarred , submit Standard Form-LLL , " Disclosure Form to Report Lobbying
<br />, " in
<br /> suspended , proposed for debarment, declared ineligible , or volun- accordance with its instructions .
<br /> tarily excluded from participation in this transaction by any Federal
<br /> department or agency. 2 . This certification is a material representation of fact upon which
<br /> reliance was placed when this transaction was made or entered into .
<br /> 2 . Where the prospective lower tier participant is unable to certify Submission of this certification is a prerequisite for making or entering
<br /> to any of the statements in this certification , such prospective into this transaction imposed by 31 U . S . C .
<br /> 1352 . Any person who
<br /> participant shall attach an explanation to this proposal . fails to file the required certification shall be subject to a civil
<br />penalty
<br /> , , . . .
<br /> of not less than $ 10 , 000 and not more than $ 100 , 000 for each such
<br /> failure .
<br /> 3 . The prospective participant also agrees by submitting his or her
<br /> bid or proposal that he or she shall require that the language of this
<br /> certification be included in all lower tier subcontracts , which exceed
<br /> $ 100 , 000 and that all such recipients shall certify and disclose
<br /> accordingly.
<br /> Page 8 Form FHWA- 1273 ( Rev . 3-94 )
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