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DocuSign Envelope ID: 27562A39-54B9-4960-BOFD-AEIDCBC76974
<br />"Whoever, being an oUioer; agent, or employee of the United
<br />States, or of any State or Territory. orwtmover. whether
<br />person, assodadon, firm, or corporation, knowingly maims any
<br />false statement. false representation, or false report as to the
<br />character quality, quantity, or cost of to 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 pions, mapm specificellons, contracts, or costs
<br />of construction on any highway or related project submitted for
<br />approval to the Seaetaty of Transportation, or
<br />Whoever knowingly makes any teles statement, false
<br />representation, false report or false claim with rasped to the
<br />character, quality. quantity, or cost of any work performed or to
<br />be performed, or materials furnished or to be furnished, in
<br />connection with the construction of any highway or rotated
<br />project approved by the Secretary of Tronspodatbn: or
<br />Whoever knowingly makes any fates statement or Use
<br />representation as to material fact in any statement, a)Mftate,
<br />or report submitted pursuant to provisions of the Federsikk
<br />Roads Act approved July 1.1916, 09 Stat. 355), as amended
<br />and supplemented;
<br />Shall be fined under ft M or imprisoned not mom than 5
<br />years or batt"
<br />UL IiMgI ENTA7ION OF CLEAN AIR ACT AND FEDERAL
<br />WATER POLLUTiON CONTROL ACT
<br />This provision to applicable to all Federal -old construction
<br />contracts and to all related subcontracts.
<br />By submission of Oft bldfpropoed or the execution of this
<br />contract, or subcontract, as appropriate. the bidder, proposer.
<br />FedeA*AW construction contractor, or subcontractor, as
<br />appropriate. will be deemed to have stipulated as follows:
<br />1. That any person who is or will be utilized In the
<br />parlonnance of this contract Is not prohibited from receiving an
<br />award due to a violation of Section 508 of the Clean Water Act
<br />or Section 308 of the Clean Air Ad.
<br />2. That the contractor agrees to Include or cause to be
<br />included the requiements or paragraph (1) of tits Section X W
<br />every subcontract, and further agrees to take such action as
<br />the contracting agency may direct as a means of enforcing
<br />such requir rnents.
<br />X. CERTIFICATION REGARDING -DEBARMENT.
<br />SUSPENSION. INELIGISKM AND VOLUNTARY
<br />EXCLUSION
<br />This prarkdon is applicable to alt Federal-aW construdion
<br />contracts, (hftn- wftd contracts, supcanfracte, lower4ler
<br />subcontracts, purchase orders, lease agreements. consultant
<br />contracts or any other covered transaction requiting FMA
<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 Certlficedon — First Tier Participants:
<br />a. By signing and submitting tits proposal; the prospective
<br />first tier participant Is providing the certification set out below.
<br />b. The inability of a person to provide dna rarityion set out
<br />below will not rroceesarpy result in dental of pariicipadoh.in this
<br />covered transaction. The prospective first tier participant shall
<br />submit an mplemation of why it cannot provide the certitiostlon
<br />set out below. The cerflicatioh 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 />certifiicallon or an explanation shop disqualify, such a person.
<br />from participation in Of transaction.
<br />c. The cortificaUon in this douse is a material representation
<br />of fact upon which reflance.wm placed wtren the contracting
<br />agency determined to enter Into fids transaction. If it is later
<br />dstarrmirhed that the prospective participant krow4nhgfy rendered
<br />an erroneous certification, in addpton to other remedies
<br />available to the Federal Covemme t, the contracting agency
<br />may terminate this tra isactton for cause of default.
<br />d. The prospective fret tier participant shall provide
<br />Immediate written nodus to the contracting agency to whom
<br />this proposal Is submitted N any time Uta prospective brat tier
<br />participant loses that tts c e0caUon was erroneous when
<br />submitted or has become erroneous by reason of dmvW
<br />dreumstances.
<br />e. The 'bovered trafw*c n,' Mdeba�d,*
<br />suspended.• "inerigiMe *paMpant,' "pereon,' 'prtndpal,"
<br />and " volunterity excluded,' as used in this clause, are defined
<br />M 2 CFR Parts 180 and 1200. Thirst Tier Covered
<br />Transactions' refers to any covered transaction between a
<br />grantee or subgrantee of Federal funds and a participant (such
<br />as the prime or general cortracti). 'Lower Tier Covered
<br />Transactions! refers to any covered transaction under a Fist
<br />Tier Cowered Transaction (such as subcontracts). 'First Tier
<br />PartklpaanP refers to the parlidpont who has entered into a
<br />covered transaction with a grantee or subgrantee of Federal
<br />funds (such as the prime or general contractor). 'Lower Tier
<br />Partklpar►t refers any partrdpent who has entered Into a
<br />covered transaction with a Final Tier Participant or other Lower
<br />Tier Participants (such as subcontractors and suppiters).
<br />L The prospective first tier participant agrees by submitting
<br />this proposal that, should the proposed covered transaction be
<br />entered into. it shell not knoingry enter into any lower der
<br />covered transaction with a person who Is downed,
<br />suspended, declared ineligible, or voluntarily excluded from
<br />participation to Ute covered transaction, unless authorized by
<br />the department or agency entering Into this transection.
<br />g. The prospective first der participant further agrees by
<br />submitting this proposal that it will include ins clause Wed
<br />'Cerdflcation Regarding Debarment, Suspension, Ineligibility
<br />and Voluntary Exclusion -Lower Tier Covered Trensadiois.`
<br />provided by the department or contracting agency, entering
<br />Into this covered transaction, without modification, in an lower
<br />dor covered tronudlons and in all solicitations for lower der
<br />covered traneacdons exceeding the $26,000 threshold.
<br />h. A participant in a covered transaction may rely, upon a
<br />cardficaUon of a prospective participant In a tower iter covered
<br />transaction that is not debarred, suspended, Ineligible, or
<br />voluntarily excluded from the covered trusadion..unless it
<br />knows that Ute oeriifi allon Is erroneous, A participant Is
<br />responsible for ensuring ghat Its principals are not suspended,
<br />debarred, or otherwise Ineligible to participate M covered
<br />trensecUons. To vedy the etigibfiky of Its prirhdpala, as wall as
<br />the eligibility of any lower tar ptoapedive partidpanta, each
<br />par0olpa t may, but is not required to, check the Excluded
<br />Parties List System wiebske which Is
<br />corWled by the General Services Administration.
<br />'.s
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