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i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies,
<br /> require the establishment of a system of records in order to
<br /> render in good faith the certification required by this clause. including suspension and/or debarment.
<br /> The knowledge and information of the prospective participant C.The prospective lower tier participant shall provide
<br /> is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is
<br /> a prudent person in the ordinary course of business dealings, submitted if at any time the prospective lower tier participant
<br /> teams that its certification was erroneous by reason of
<br /> j.Except for transactions authorized under paragraph(f)of changed circumstances.
<br /> these instructions,if a participant in a covered transaction
<br /> knowingly enters into a lower tier covered transaction with a
<br /> person who is suspended,debarred,ineligible,or voluntarilyd.The terms"covered transaction,""debarred,"
<br /> "suspended,""ineligible,""participant,,""person,""principal,"
<br /> excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined
<br /> other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to
<br /> department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a
<br /> or default. copy of those regulations. `First Tier Covered Transactions"
<br /> refers to any covered transaction between a grantee or
<br /> subgrantee of Federal funds and a participant(such as the
<br /> 2. Certification Regarding Debarment Suspension, Prime or general contract). "Lower Tier Covered Transactions"
<br /> refers to any covered transaction under a First Tier Covered
<br /> Participants: refers to the participant who has entered into a coveredubgrantee n
<br /> a. The prospective first tier participant certifies to the best of (such as the prime org neral contractor).of Lower Tier
<br /> Fedel funds
<br /> its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a
<br /> on with a First Tier Participant or other
<br /> (1) Are not presently debarred,suspended,proposed for Tier Particip Pacovred rticipants((such assubcontractors and suppliers),Lower
<br /> debarment,declared ineligible,or voluntarily excluded from
<br /> participating in covered transactions by any Federal e.The prospective lower tier participant agrees by
<br /> department or agency; submitting this proposal that,should the proposed covered
<br /> transaction be entered into,it shall not knowingly enter into
<br /> (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is
<br /> proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily
<br /> against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless
<br /> connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this
<br /> a public(Federal,State or local)transaction or contract under transaction originated.
<br /> a public transaction;violation of Federal or State antitrust
<br /> statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by
<br /> bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled
<br /> statements,or receiving stolen property, "Certification Regarding Debarment,Suspension,Ineligibility
<br /> and Voluntary
<br /> (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transa t o'ns and
<br /> civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding
<br /> local)with commission of any of the offenses enumerated in the$25,000 threshold.
<br /> paragraph(a)(2)of this certification;and
<br /> (4) Have not within athree-year eriod recedin this g•A participant in a covered transaction may rely upon a
<br /> tier
<br /> application/proposal had one or more public transactions transaction that s notdebartification of a prosectivrred, uspended,participant in alower ineligible,or covered
<br /> (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it
<br /> knows that the certification is erroneous.A participant is
<br /> b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended,
<br /> any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered
<br /> participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as
<br /> 2.Instructions for Certification-Lower Tier Participants: the eligibility of any lower tier prospective participants,each
<br /> P participant may,but is not required to,check the Excluded
<br /> Parties List System website(httos://www.eols Qov/),which is
<br /> (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration.
<br /> lower tier transactions requiring prior FHWA approval or
<br /> estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to
<br /> 1200) require establishment of a system of records in.order to render
<br /> in good faith the certification required by this clause.The
<br /> a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required,to
<br /> lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person
<br /> b.The certification in this clause is a material representation in the ordinary course of business dealings.
<br /> of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph a of
<br /> was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction
<br /> lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a
<br /> certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily
<br /> Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to
<br /> .... other remedies available to the Federal Government,the
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