1. The prospective lower tier participant certifies, by submission of this proposal, that
<br /> neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
<br /> ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
<br /> agency.
<br /> 2. Where the prospective lower tier participant is unable to certify to any of the
<br /> statements in this certification, such prospective participant shall attach an explanation to this
<br /> proposal.
<br /> 16. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
<br /> (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed$100,000-
<br /> 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
<br /> employee of any Federal agency, a Member of Congress, an officer or employee of
<br /> Congress,or an employee of a Member of Congress in connection with the awarding
<br /> of any Federal contract,the making of any Federal grant,the making of any Federal
<br /> loan, the entering into of any cooperative agreement, and the extension,
<br /> continuation, renewal, amendment, or modification of any Federal contract, grant,
<br /> loan, or cooperative agreement.
<br /> b. If any funds other than Federal appropriated funds have been paid or will be paid to
<br /> any person for influencing or attempting to influence an officer or employee of any
<br /> Federal agency, a Member of Congress, an officer or employee of Congress, or an
<br /> employee of a Member of Congress in connection with this Federal contract, grant,
<br /> loan, or cooperative agreement, the undersigned shall complete and submit
<br /> Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
<br /> instructions.
<br /> (2) This certification is a material representation of fact upon which reliance was placed when
<br /> this transaction was made or entered into. Submission of this certification is a prerequisite for
<br /> making or entering into this transaction imposed by 31 U.S.C. 1352.Any person who fails to
<br /> file the required certification shall be subject to a civil penalty of not less than$10,000 and not
<br /> more than $100,000 for 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,
<br /> which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
<br /> 17. BUY AMERICA
<br /> All steel or iron used must be produced in the United States, in accordance with 23 CFR 635.410, as
<br /> amended. All manufacturing processes, including grinding, drilling, welding, finishing or application of a
<br /> coating, for such steel or iron materials, must occur in the United States. Coating includes all processes
<br /> which protect or enhance the value of the material to which the coating is applied. If domestic steel or iron
<br /> is taken outside of the United States for any process, it becomes foreign source material. If steel or iron
<br /> will be a component of any manufactured product incorporated into the project, these same provisions
<br /> apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of
<br /> such foreign materials doe not exceed $2,500.
<br /> The bidder shall complete and submit with its bid proposal a declaration certifying either compliance or
<br /> noncompliance with Buy America. A certification form is attached.
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