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submitted for assistance in obtaining a copy of those
<br />regulations. "First Tier Covered Transactions" refers to any
<br />covered transaction between a recipient or subrecipient of
<br />Federal funds and a participant (such as the prime or general
<br />contract). "Lower Tier Covered Transactions" refers to any
<br />covered transaction under a First Tier Covered Transaction
<br />(such as subcontracts). "First Tier Participant" refers to the
<br />participant who has entered into a covered transaction with a
<br />recipient or subrecipient of Federal funds (such as the prime or
<br />general contractor). "Lower Tier Participant" refers any
<br />participant who has entered into a covered transaction with a
<br />First Tier Participant or other Lower Tier Participants (such as
<br />subcontractors and suppliers).
<br />e. The prospective lower tier participant agrees by
<br />submitting this proposal that, should the proposed covered
<br />transaction be entered into, it shall not knowingly enter into
<br />any lower tier covered transaction with a person who is
<br />debarred, suspended, declared ineligible, or voluntarily
<br />excluded from participation in this covered transaction, unless
<br />authorized by the department or agency with which this
<br />transaction originated. 2 CFR 1200.220 and 1200.332.
<br />f. The prospective lower tier participant further agrees by
<br />submitting this proposal that it will include this clause titled
<br />"Certification Regarding Debarment, Suspension, Ineligibility
<br />and Voluntary Exclusion -Lower Tier Covered Transaction,"
<br />without modification, in all lower tier covered transactions and
<br />in all solicitations for lower tier covered transactions exceeding
<br />the $25,000 threshold. 2 CFR 180.220 and 1200.220.
<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 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 System for
<br />Award Management website (https://www.sam.gov/), which is
<br />compiled by the General Services Administration. 2 CFR
<br />180.300, 180.320, 180.330, and 180.335.
<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 />i. Except for transactions authorized under paragraph a of
<br />these instructions, if a participant in a covered transaction
<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 with which this transaction originated
<br />may pursue available remedies, including suspension and/or
<br />debarment. 2 CFR 180.325.
<br />Certification Regarding Debarment, Suspension,
<br />Ineligibility and Voluntary Exclusion --Lower Tier
<br />Participants:
<br />1. The prospective lower tier participant certifies, by
<br />submission of this proposal, that neither it nor its principals:
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<br />(a) is presently debarred, suspended, proposed for debarment,
<br />declared ineligible, or voluntarily excluded from participating in
<br />covered transactions by any Federal department or agency, 2
<br />CFR 180.355;
<br />(b) is a corporation that has been convicted of a felony
<br />violation under any Federal law within the two-year period
<br />preceding this proposal (USDOT Order 4200.6 implementing
<br />appropriations act requirements); and
<br />(c) is a corporation with any unpaid Federal tax liability that
<br />has been assessed, for which all judicial and administrative
<br />remedies have been exhausted, or have lapsed, and that is
<br />not being paid in a timely manner pursuant to an agreement
<br />with the authority responsible for collecting the tax liability.
<br />(USDOT Order 4200.6 implementing appropriations act
<br />requirements)
<br />2. Where the prospective lower tier participant is unable to
<br />certify to any of the statements in this certification, such
<br />prospective participant should attach an explanation to this
<br />proposal.
<br />XI. CERTIFICATION REGARDING USE OF CONTRACT
<br />FUNDS FOR LOBBYING
<br />This provision is applicable to all Federal -aid construction
<br />contracts and to all related subcontracts which exceed
<br />$100,000. 49 CFR Part 20, App. A.
<br />1. The prospective participant certifies, by signing and
<br />submitting this bid or proposal, to the best of his or her
<br />knowledge and belief, that:
<br />a. No Federal appropriated funds have been paid or will be
<br />paid, by or on behalf of the undersigned, to any person for
<br />influencing or attempting to influence an officer or employee of
<br />any Federal agency, a Member of Congress, an officer or
<br />employee of Congress, or an employee of a Member of
<br />Congress in connection with the awarding of any Federal
<br />contract, the making of any Federal grant, the making of any
<br />Federal loan, the entering into of any cooperative agreement,
<br />and the extension, continuation, renewal, amendment, or
<br />modification of any Federal contract, grant, loan, or
<br />cooperative agreement.
<br />b. If any funds other than Federal appropriated funds have
<br />been paid or will be paid to any person for influencing or
<br />attempting to influence an officer or employee of any Federal
<br />agency, a Member of Congress, an officer or employee of
<br />Congress, or an employee of a Member of Congress in
<br />connection with this Federal contract, grant, loan, or
<br />cooperative agreement, the undersigned shall complete and
<br />submit Standard Form -LLL, "Disclosure Form to Report
<br />Lobbying," in accordance with its instructions.
<br />2. This certification is a material representation of fact upon
<br />which reliance was placed when this transaction was made or
<br />entered into. Submission of this certification is a prerequisite
<br />for making or entering into this transaction imposed by 31
<br />U.S.C. 1352. Any person who fails to file the required
<br />certification shall be subject to a civil penalty of not less than
<br />$10,000 and not more than $100,000 for each such failure.
<br />3. The prospective participant also agrees by submitting its
<br />bid or proposal that the participant shall require that the
<br />language of this certification be included in all lower tier
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