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L Nothing contained in the foregoing shall be construed to
<br />require the establishment of a system of records in order to
<br />render in good faith the certification required by this clause.
<br />The knowledge and information of the prospective participant
<br />is not required to exceed that which is normally possessed by
<br />a prudent person in the ordinary course of business dealings.
<br />j. Except for transactions authorized under paragraph (i) of
<br />these instructions, if a participant in a covered transection
<br />knowingly enters into a lower tier covered transaction with a
<br />person who is suspended, debarred, ineligible, or voluntarily
<br />excluded from participation in this transaction, in addition to
<br />other remedies available to the Federal Government, the
<br />department or agency may terminate this transaction for cause
<br />or default.
<br />2. Certification Regarding Debarment, Suspension,
<br />Ineligibility and Voluntary Exclusion - First Tier
<br />Participants:
<br />a. The prospective fust tier participant certifies to the best of
<br />its knowledge and belief, that it and its principals:
<br />(1) Are not presently debarred. suspended. proposed for
<br />debarment, declared ineligible, or voluntarily excluded from
<br />Participating in covered transactions by any Federal
<br />department or agency;
<br />this transaction originated may pursue available remedies,
<br />including suspension arid/or debarment.
<br />c. The prospective lower tier participant shall provide
<br />immediate written notice to the person to which this proposal is
<br />submitted if at any time the prospective lower tier participant
<br />learns that its certification was erroneous by reason of
<br />changed circumstances.
<br />d. The terms 'covered transaction,' "debarred,"
<br />.suspended." ineligible,"participant,' *person —principal,*
<br />and 'voluntarily excluded,' as used in thus clause, are defined
<br />in 2 CFR Parts 180 and 1200. You may contact the person to
<br />which this proposal is submitted for assistance in obtaining a
<br />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 />prime or general contract). 'Lower Tier Covered Transactions'
<br />refers to any covered transaction under a First Tier Covered
<br />Transaction (such as subcontracts). 'Fust Tier Participant'
<br />refers to the participant who has entered into a covered
<br />transaction with a grantee or subgrantee of Federal funds
<br />(such as the prime or general contractor). 'Lower Tier
<br />Participant' refers any participant who has entered into a
<br />covered transaction with a First Tier Participant or other Lower
<br />Tier Participants (such as subcontractors and suppliers).
<br />e. The prospective (ower her participant agrees by
<br />submitting this proposal that, should the proposed covered.---------------_ _----
<br />- shell -not knowin
<br />(2) Have not within a three year period preceding this a lower tier covered transaction with a enter (oto' - — --- - — --- ---
<br />- - Proposal been convicted of or had a civil 'u nLent rendered_....__ debarfed,sus �rsOn who is
<br />against them for commission of fraud of a criminal offense in excluded pended,-declared ineligible; or voluntarily - - - - connection with with obtaining, attempthng to obtain. or performing Pupation in this covered transaction, unless
<br />- a public -(Federal; Stab of local) transaction or contractunder -t originated. this or agency with which
<br />this -
<br />a public transaction; violation of Federal or State antitrust
<br />statutes or commission of embezzlement, theft, forgery, f. The Prospective lower
<br />records, tier participant h irthAr agrees by
<br />bj Om y, falsification of destruction of making false submitting this proposal that it will include this clause titled
<br />statements, or receiving stolen property
<br />'Certification Regarding Debarment, Suspension, Inefigibilly
<br />(3) Are not reser 7on-��ier a Transaction,'
<br />presently indicted for or otherwise criminally or without modification, in all ower tier covered transactions 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 a three-year period preceding this
<br />application/proposal had one or more public transactions
<br />(Federal. State or local) terminated for cause or default.
<br />b. Where the prospective participant is unable to certify to
<br />any of the statements in this certification, such prospective
<br />participant shall attach an explanation to this proposal.
<br />2. Instructions for Certification - Lower Tier Participants:
<br />(Applicable to all subcontracts, purchase orders and other
<br />lower tier transactions requiring prior FHWA approval or
<br />estimated to cost $25,000 or more - 2 CFR Parts 180 and
<br />1200)
<br />a. By signing and submitting this proposal, the prospective
<br />lower tier is providing the certification set out below.
<br />b. The certification in this clause is a material representation
<br />of fad upon which reliance was placed when this transaction
<br />was entered into. If it is later determined that the prospective
<br />lower tier participant knowingly rendered an erroneous
<br />certification, in addition to other remedies available to the
<br />Federal Government, the department, or agency with which
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<br />g. 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 d
<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 is principals. as well as
<br />the eligibility of any lower Ger prospective participants, each
<br />participant may, but is not required to, check the Excluded
<br />Parties List System website (httasJ/www.epfsgov/), which is
<br />compiled by the General Services Administration.
<br />h. Nothing contained in the foregoing shall be construed to
<br />require establishment of a system of records in order to render
<br />in good faith the certification required by this clause. The
<br />knowledge and information of participant is not required to
<br />exceed that which is normally possessed by a prudent person
<br />in the ordinary course of business dealings.
<br />1. Except for transactions authorized under paragraph a of
<br />these instructions, if a participant in a covered transaction
<br />knowingly enters into a tower tier covered transaction with a
<br />person who is suspended, debarred, ineligible, or voluntarily
<br />excluded from participation to this transaction, in addition to
<br />other remedies available to the Federal Govemment, the
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