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department or agency with which this transaction originated <br /> may pursue available remedies, including suspension and/or <br /> debarment. <br /> Certification Regarding Debarment, Suspension, <br /> Ineligibility and Voluntary Excluslon- Lower Tier <br /> Participants: <br /> 1 . The prospective lower tier participant certifies, by <br /> submission of this proposal, that neither it nor its principals is <br /> presently debarred, suspended, proposed for debarment, <br /> declared ineligible, or voluntarily excluded from participating in <br /> covered transactions by any Federal department or agency. <br /> 2. Where the prospective lower tier participant is unable to <br /> certify to any of the statements in this certification, such <br /> prospective participant shall attach an explanation to this <br /> proposal <br /> XI. CERTIFICATION REGARDING USE OF CONTRACT <br /> FUNDS FOR LOBBYING <br /> This provision is applicable to all Federal4d construction <br /> contracts and to all related subcontracts which exceed <br /> $100,000 (49 CFR 20). <br /> 1 . The prospective participant certifies, by signing and <br /> submitting this bid or proposal, to the best of his or her <br /> knowledge and belief, that: <br /> a. No Federal appropriated funds have been paid or will be <br /> paid, by or on behalf of the undersigned, to any person for <br /> influencing or attempting to influence an officer or employee of <br /> any Federal agency, a Member of Congress, an officer or <br /> employee of Congress, or an employee of a Member of <br /> Congress in connection with the awarding of any Federal <br /> contract, the making of any Federal grant, the making of any <br /> Federal loan, the entering into of any cooperative agreement, <br /> and the extension, continuation, renewal, amendment, or <br /> modification of any Federal contract, grant, loan, or <br /> cooperative agreement. <br /> b. If any funds other than Federal appropriated funds have <br /> been paid or will be paid to any person for influencing or <br /> attempting to influence an officer or employee of any Federal <br /> agency, a Member of Congress, an officer or employee of <br /> Congress, or an employee of a Member of Congress in <br /> connection with this Federal contract, grant, loan, or <br /> cooperative agreement, the undersigned shall complete and <br /> submit Standard Form-LLL, " Disclosure Form to Report <br /> Lobbying," in accordance with its instructions. <br /> 2. This certification is a material representation of fact upon <br /> which reliance was placed when this transaction was made or <br /> entered into. Submission of this certification is a prerequisite <br /> for making or entering into this transaction imposed by 31 <br /> 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 <br /> $10,000 and not more than $100,000 for each such failure. <br /> 3. The prospectiveparticipant also agrees by submitting its <br /> bid or proposal that the participant shall require that the <br /> language of this certification be included in all lower tier <br /> subcontracts, which exceed $100,000 and that all such <br /> recipients shall certify and disclose accordingly. <br /> 11 <br />