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frequency by which It determines the eligibility of its principals. Each
<br />participant may. but is not required to, check the Nonprocurement
<br />List.
<br />h. Nothing contained in the foregoing shall be construed to
<br />require establishment of a system of records in order to render in
<br />good faith the certification required by this clause. The knowledge
<br />and information of participant is not required to exceed that which is
<br />normally possessed by a prudent person in the ordinary course of
<br />business dealings.
<br />I. Except for transactions authorized under paragraph a of
<br />these instructions, if a participant in a covered transaction knowingly
<br />enters into a lower tier covered transaction with a person who is
<br />suspended, debarred, ineligible, or voluntarily excluded from
<br />participation in this transaction, in addition to other remedies available
<br />to the Federal Govemment, the department or agencywith which this
<br />transaction originated may pursue available remedies. including
<br />suspension and/or debarment.
<br />Certification Regarding Debarment, Suspension, Ineligibility
<br />and Voluntary Excluslon—Lower Tier Covered Transactions:
<br />1, The prospective lower tier participant certifies, by submission of
<br />this proposal, that neither it nor its principals is presently debarred,
<br />suspended, proposed for debarment, declared ineligible, or volun-
<br />tarily excluded from participation in this transaction by any Federal
<br />department or agency.
<br />2. Where the prospective lower tier participant is. unable to certify
<br />to any of the statements in this certification, such prospective
<br />participant shall attach an explanation to this proposal.
<br />XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
<br />FOR LOBBYING
<br />(Applicable to all Federal -aid construction contracts and to all
<br />related subcontracts which exceed $100,000 - 49 CFR 20)
<br />1. The prospective participant certifies, by signing and submitting
<br />this bid or proposal, to the best of his or her knowledge and belief,
<br />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 influencing
<br />or attempting to influence an officer or employee of any Federal
<br />agency, a Member of Congress, an officer or employee ofCongress,
<br />or an employee of a Member of Congress In connection with the
<br />awarding of any Federal contract, the making of any Federal grant,
<br />the making of any Federal loan, the entering into of any cooperative
<br />agreement, and the extension, continuation, renewal, amendment, or
<br />modification of any Federal contract, grant, loan, or cooperative
<br />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 attempting
<br />to influence an officer oremployee of any Federal agency, a Member
<br />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 />loan, or cooperative agreement, the undersigned shall complete and
<br />submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in
<br />accordance with its instructions.
<br />2. This certification is a material representation of fact upon which
<br />reliance was placed when this transaction was made or entered into.
<br />Submission of this certification is a prerequisite for making or enteri ng
<br />into this transaction imposed by 31 U.S.C. 1352. Any person who
<br />fails to file the required certification shall be subject to a civil penalty
<br />of not less than $10,ODO 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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