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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. <br /> 19 <br />