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"Whoever, being an officer, agent, or employee of the United <br />States, or of any State or Territory, or whoever, whether a <br />person, association, firm, or corporation, knowingly makes any <br />false statement, false representation, or false report as to the <br />character, quality, quantity, or cost of the material used or to <br />be used, or the quantity or quality of the work performed or to <br />be performed, or the cost thereof in connection with the <br />submission of plans, maps, specifications, contracts, or costs <br />of construction on any highway or related project submitted for <br />approval to the Secretary of Transportation; or <br />Whoever knowingly makes any false statement, false <br />representation. false report or false claim with respect to the <br />character. quality, quantity, or cost of any work performed or to <br />be performed, or materials furnished or to be fumished, in <br />connection with the construction of any highway or related <br />Project approved by the Secretary of Transportation; or <br />Whoever knowingly makes any false statement or false <br />representation as to material fad in any statement, certificate, <br />or report submitted pursuant to provisions of the Federal -aid <br />Roads Ad approved July 1, 1916, (39 Stat 355), as amended <br />and supplemented; <br />covered transaction. The prospective fust Ger participant shall <br />submit an explanation of why it cannot provide the certification <br />set out below. The certification or explanation will be <br />considered in connection with the department or agency's <br />determination whether to enter into this transaction. However, <br />failure of the prospective first tier participant to furnish a <br />certification or an explanation shall disqualify such a person <br />from participation in this transaction. <br />c. The certification in this clause Is a material representation <br />of fad upon which reliance was placed when the contracting <br />agency determined to enter into this transaction. If it is later <br />determined that the prospective participant knowingly rendered <br />an erroneous certification, in addition to other remedies <br />available to the Federal Government, the contracting agency <br />may terminate this transaction for cause of default. <br />d. The prospective first Ger participant shall provide <br />immediate written notice to the contracting agency to whom <br />this proposal is submitted if any time the prospective first tier <br />Participant teams that its certification was erroneous when <br />submitted or has become erroneous by reason of changed <br />circumstances. <br />Shall be fined under this title or imprisoned not more than 5 <br />years or both' <br />e. The terms 'covered transaction; •debarred,' <br />'suspended,"'ineligible,' <br />•participant,"person,' 'principal; <br />and "voluntarily excluded,' as used in this clause, are defined <br />UL IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL <br />in 2 CFR Parts 180 and 1200. 'First Tier Covered <br />Transactions- refers to any covered transaction between <br />a <br />------ - -- -WATER POLLUTION CONTROL -ACT --------------___- — -- - - -- ---- - - --- - - - ... -- <br />grantee or subgrantee of -Federal funds -and a parttcipanY(such---- - -- -- <br />as the prime or general contract). 'Lower Tier Covered <br />This provision is applicable to all Federal -aid construction_. _-.. -. Transactions' refers to -any covered transaction under a First - — - - - - <br />- - --i6ntracts <br />and to all related subcontracts. <br />Tier Covered Transaction (such as subcontracts). 'First Tier <br />- -" -- - - By sutimisstbri of th bid/proPosal or thhe execution of this - <br />Participant' refers to the. participant who has entered into a- - -- - - - - <br />- covered transaction with a grantee or subgrantee of Federal <br />contract or subcontract, as appropriate. the bidder, proposer, <br />Federal -aid construction contractor, or subcontractor, <br />funds (such as the prime or general contractor). 'Lower Tier <br />as <br />Participant' refers any participant who has entered inrn a <br />aDIopriatew aso ows <br />covered transaction with a First Tier Participant or other Lower <br />1. That any pemon who nc or udn be utilize In the <br />Tier Participants (such as subcontractors and suppliers). <br />performance of this contract is not prohibited from receiving an <br />award due to a violation of Section 508 of the Clean Water Ad <br />f. The prospective fust tier participant agrees by submitting <br />this proposal that, should the proposed covered transaction be <br />or Section 306 of the Clean Air Ad. <br />2. That the contractor agrees to include or cause to be <br />entered into, It shall not knowingly enter into any lower tier <br />covered transaction with a person who Is debarred, <br />included the requirements of paragraph (1) of this Section X in <br />suspended, declared ineligible, or voluntarily excluded from <br />every subcontract, and further agrees to take such action as <br />the contracting agency may direct as a means of enforcing <br />participation in this covered transaction, unless authorized b <br />the department or agency entering into this transaction. y <br />such requirements. <br />X. CERTIFICATION REGARDING DEBARMENT, <br />SUSPENSION, INELIGIBILITY AND VOLUNTARY <br />EXCLUSION <br />This provision is applicable to all Federal -aid construction <br />contracts, design -build contracts, subcontracts, lower -tier <br />subcontracts, purchase orders, lease agreements, consultant <br />contracts or any other covered transaction requiring FHWA <br />approval or that is estimated to cost $25,000 or more - as <br />defined in 2 CFR Parts 180 and 1200. <br />1. Instructions for Certification - First Tier Participants: <br />a. By signing and submitting this proposal, the prospective <br />first Ger participant is providing the certification set out below. <br />b. The inability of a person to provide the certification set out <br />below will not necessarily result in denial'of participation in this <br />g. The prospective first tier participant further agrees by <br />submitting this proposal that it will include the clause fitted <br />'Certification Regarding Debarment, Suspension, Ineligibility <br />and Voluntary Exclusion -Lower Tier Covered Transactions; <br />provided by the department or contracting agency, entering <br />into this covered transaction, without modification, in all lower <br />Ger covered transactions and in all solicitations for lower tier <br />covered transactions exceeding the $25,000 threshold. <br />h. A participant in a covered transaction may rely upon a <br />certification of a prospective participant in a lower tier covered <br />transaction that is not debarred, suspended, ineligible, or <br />voluntarily excluded from the covered transaction, unless it <br />knows that the certification is erroneous. A participant is <br />responsible for ensuring that its principals are not suspended, <br />debarred, or otherwise ineligible to participate in covered <br />transactions. To verify the eligibility of its principals, as well as <br />the eligibility of any lower tier prospective participants, each <br />participant may, but is not required to, check the Excluded <br />Parties List System website (httpsJhvww.epis.00v/), which is <br />compiled by the General Services Administration. <br />59 <br />