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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.
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