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This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
<br /> By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer,
<br /> Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:
<br /> 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award
<br /> due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.
<br /> 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in
<br /> every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing
<br /> such requirements.
<br /> X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
<br /> This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier
<br /> subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA
<br /> approval or that is estimated to cost$25,000 or more— as 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 first tier participant is providing the certification set out
<br /> below.
<br /> b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in
<br /> this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the
<br /> certification set out below. The certification or explanation will be considered in connection with the department or
<br /> agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to
<br /> furnish a certification or an explanation shall disqualify such a person from participation in this transaction.
<br /> c. The certification in this clause is a material representation of fact upon which reliance was placed when the
<br /> contracting agency determined to enter into this transaction. If it is later determined that the prospective participant
<br /> knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
<br /> contracting agency may terminate this transaction for cause of default.
<br /> d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this
<br /> proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when
<br /> submitted or has become erroneous by reason of changed circumstances.
<br /> e. The terms"covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and
<br /> "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions"
<br /> refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime
<br /> or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered
<br /> Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered
<br /> transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier
<br /> Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower
<br /> Tier Participants (such as subcontractors and suppliers).
<br /> f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction
<br /> be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
<br /> suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by
<br /> the department or agency entering into this transaction.
<br /> g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled
<br /> "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions,"
<br /> provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower
<br /> tier covered transactions and in all solicitations for lower tier covered transactions exceeding the$25,000 threshold.
<br /> h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
<br /> transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
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