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"Whoever, being an officer, agent, or employee of the United covered transaction. The prospective first tier participant shall
<br /> States, or of any State or Territory, or whoever, whether a submit an explanation of why it cannot provide the certification
<br /> person, association, firm, or corporation, knowingly makes any set out below. The certification or explanation will be
<br /> false statement, false representation, or false report as to the considered in connection with the department or agency's
<br /> character, quality, quantity, or cost of the material used or to determination whether to enter into this transaction . However,
<br /> be used, or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a
<br /> be performed, or the cost thereof in connection with the certification or an explanation shall disqualify such a person
<br /> submission of plans, maps, specifications, contracts, or costs from participation in this transaction.
<br /> of construction on any highway or related project submitted for
<br /> approval to the Secretary of Transportation; or c. The certification in this clause is a material representation
<br /> of fact upon which reliance was placed when the contracting
<br /> Whoever knowingly makes any false statement, false agency determined to enter into this transaction. If it is later
<br /> representation, false report or false claim with respect to the determined that the prospective participant knowingly rendered
<br /> character, quality, quantity, or cost of any work performed or to an erroneous certification , in addition to other remedies
<br /> be performed, or materials furnished or to be furnished, in available to the Federal Government, the contracting agency
<br /> connection with the construction of any highway or related may terminate this transaction for cause of default.
<br /> project approved by the Secretary of Transportation; or
<br /> d. The prospective first tier participant shall provide
<br /> Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom
<br /> representation as to material fact in any statement, certificate, this proposal is submitted if any time the prospective first tier
<br /> or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when
<br /> Roads Act approved July 1 , 1916, (39 Stat. 355), as amended submitted or has become erroneous by reason of changed
<br /> and supplemented ; circumstances.
<br /> Shall be fined under this title or imprisoned not more than 5 e. The terms "covered transaction," "debarred,"
<br /> years or both ." "suspended," "ineligible," "participant," "person," "principal,"
<br /> and "voluntarily excluded," as used in this clause, are defined
<br /> in 2 CFR Parts 180 and 1200. "First Tier Covered
<br /> IX, IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions" refers to any covered transaction between a
<br /> WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant (such
<br /> as the prime or general contract). "Lower Tier Covered
<br /> This provision is applicable to all Federal-aid construction Transactions" refers to any covered transaction under a First
<br /> contracts and to all related subcontracts. Tier Covered Transaction (such as subcontracts). "First Tier
<br /> Participant" refers to the participant who has entered into a
<br /> By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal
<br /> contract, or subcontract, as appropriate, the bidder, proposer, funds (such as the prime or general contractor). "Lower Tier
<br /> Federal-aid construction contractor, or subcontractor, as Participant" refers any participant who has entered into a
<br /> appropriate, will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower
<br /> Tier Participants (such as subcontractors and suppliers).
<br /> 1 . That any person who is or will be utilized in the
<br /> performance of this contract is not prohibited from receiving an f. The prospective first tier participant agrees by submitting
<br /> award due to a violation of Section 508 of the Clean Water Act this proposal that, should the proposed covered transaction be
<br /> or Section 306 of the Clean Air Act. entered into, it shall not knowingly enter into any lower tier
<br /> 2. That the contractor agrees to include or cause to be covered transaction with a person who is debarred ,
<br /> included the requirements of paragraph (1 ) of this Section X in suspended, declared ineligible, or voluntarily excluded from
<br /> every subcontract, and further agrees to take such action as participation in this covered transaction, unless authorized by
<br /> the contracting agency may direct as a means of enforcing the department or agency entering into this transaction.
<br /> such requirements.
<br /> g . The prospective first tier participant further agrees by
<br /> submitting this proposal that it will include the clause titled
<br /> X. CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment, Suspension, Ineligibility
<br /> SUSPENSION, INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions,"
<br /> EXCLUSION provided by the department or contracting agency, entering
<br /> into this covered transaction, without modification, in all lower
<br /> This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier
<br /> contracts, design-build contracts, subcontracts, lower-tier covered transactions exceeding the $25,000 threshold .
<br /> subcontracts, purchase orders, lease agreements, consultant
<br /> contracts or any other covered transaction requiring FHWA h . A participant in a covered transaction may rely upon a
<br /> approval or that is estimated to cost $25,000 or more — as certification of a prospective participant in a lower tier covered
<br /> defined in 2 CFR Parts 180 and 1200. transaction that is not debarred, suspended, ineligible, or
<br /> voluntarily excluded from the covered transaction , unless it
<br /> knows that the certification is erroneous. A participant is
<br /> responsible for ensuring that its principals are not suspended,
<br /> 1 . Instructions for Certification — First Tier Participants: debarred, or otherwise ineligible to participate in covered
<br /> transactions. To verify the eligibility of its principals, as well as
<br /> a. By signing and submitting this proposal, the prospective the eligibility of any lower tier prospective participants, each
<br /> first tier participant is providing the certification set out below. participant may, but is not required to, check the Excluded
<br /> Parties List System website (httos://www.eDls.00v/), which is
<br /> b. The inability of a person to provide the certification set out compiled by the General Services Administration .
<br /> below will not necessarily result in denial of participation in this
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