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knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended,
<br /> debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as
<br /> the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded
<br /> Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.
<br /> i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to
<br /> render in good faith the certification required by this clause. The knowledge and information of the prospective participant
<br /> is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
<br /> dealings.
<br /> j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction
<br /> knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily
<br /> excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the
<br /> department or agency may terminate this transaction for cause or default.
<br /> 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants:
<br /> a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
<br /> (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
<br /> participating in covered transactions by any Federal department or agency;
<br /> (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered
<br /> against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
<br /> performing a public(Federal, State or local) transaction or contract under a public transaction; violation of Federal or State
<br /> antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making
<br /> false statements, or receiving stolen property;
<br /> (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
<br /> local)with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and
<br /> (4) Have not within a three-year period preceding this 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 any of the statements in this certification, such prospective
<br /> participant shall attach an explanation to this proposal.
<br /> 3. Instructions for Certification -Lower Tier Participants:
<br /> (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or
<br /> estimated to cost$25,000 or more -2 CFR Parts 180 and 1200)
<br /> a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
<br /> b. The certification in this clause is a material representation of fact upon which reliance was placed when this
<br /> transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
<br /> erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with
<br /> which this transaction originated may pursue available remedies, including suspension and/or debarment.
<br /> c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is
<br /> submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of
<br /> changed circumstances.
<br /> d. 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. You may contact the person to
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