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IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
<br />WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
<br />CFR 200.88; EO 11738)
<br />This provision is applicable to all Federal -aid construction
<br />contracts in excess of $150,000 and to all related
<br />subcontracts. 48 CFR 2.101; 2 CFR 200.327.
<br />By submission of this bid/proposal or the execution of this
<br />contract or subcontract, as appropriate, the bidder, proposer,
<br />Federal -aid construction contractor, subcontractor, supplier, or
<br />vendor agrees to comply with all applicable standards, orders
<br />or regulations issued pursuant to the Clean Air Act (42 U.S.C.
<br />7401-7671q) and the Federal Water Pollution Control Act, as
<br />amended (33 U.S.C. 1251-1387). Violations must be reported
<br />to the Federal Highway Administration and the Regional Office
<br />of the Environmental Protection Agency. 2 CFR Part 200,
<br />Appendix II.
<br />The contractor agrees to include or cause to be included the
<br />requirements of this Section in every subcontract, and further
<br />agrees to take such action as the contracting agency may
<br />direct as a means of enforcing such requirements. 2 CFR
<br />200.327.
<br />X. CERTIFICATION REGARDING DEBARMENT,
<br />SUSPENSION, INELIGIBILITY AND VOLUNTARY
<br />EXCLUSION
<br />This provision is applicable to all Federal -aid construction
<br />contracts, design -build contracts, subcontracts, lower -tier
<br />subcontracts, purchase orders, lease agreements, consultant
<br />contracts or any other covered transaction requiring FHWA
<br />approval or that is estimated to cost $25,000 or more — as
<br />defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
<br />1200.220.
<br />1. Instructions for Certification — First Tier Participants:
<br />a. By signing and submitting this proposal, the prospective
<br />first tier participant is providing the certification set out below.
<br />b. The inability of a person to provide the certification set out
<br />below will not necessarily result in denial of participation in this
<br />covered transaction. The prospective first tier participant shall
<br />submit an explanation of why it cannot provide the certification
<br />set out below. The certification 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 />certification or an explanation shall disqualify such a person
<br />from participation in this transaction. 2 CFR 180.320.
<br />c. The certification in this clause is a material representation
<br />of fact upon which reliance was placed when the contracting
<br />agency determined to enter into this transaction. If it is later
<br />determined that the prospective participant knowingly rendered
<br />an erroneous certification, in addition to other remedies
<br />available to the Federal Government, the contracting agency
<br />may terminate this transaction for cause of default. 2 CFR
<br />180.325.
<br />d. The prospective first tier participant shall provide
<br />immediate written notice to the contracting agency to whom
<br />this proposal is submitted if any time the prospective first tier
<br />participant learns that its certification was erroneous when
<br />submitted or has become erroneous by reason of changed
<br />circumstances. 2 CFR 180.345 and 180.350.
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<br />e. The terms "covered transaction," "debarred,"
<br />"suspended," "ineligible," "participant," "person," "principal,"
<br />and "voluntarily excluded," as used in this clause, are defined
<br />in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200.
<br />"First Tier Covered Transactions" refers to any covered
<br />transaction between a recipient or subrecipient of Federal
<br />funds and a participant (such as the prime or general contract).
<br />"Lower Tier Covered Transactions" refers to any covered
<br />transaction under a First Tier Covered Transaction (such as
<br />subcontracts). "First Tier Participant" refers to the participant
<br />who has entered into a covered transaction with a recipient or
<br />subrecipient of Federal funds (such as the prime or general
<br />contractor). "Lower Tier Participant" refers any participant who
<br />has entered into a covered transaction with a First Tier
<br />Participant or other Lower Tier Participants (such as
<br />subcontractors and suppliers).
<br />f. The prospective first tier participant agrees by submitting
<br />this proposal that, should the proposed covered transaction be
<br />entered into, it shall not knowingly enter into any lower tier
<br />covered transaction with a person who is debarred,
<br />suspended, declared ineligible, or voluntarily excluded from
<br />participation in this covered transaction, unless authorized by
<br />the department or agency entering into this transaction. 2
<br />CFR 180.330.
<br />g. The prospective first tier participant further agrees by
<br />submitting this proposal that it will include the clause titled
<br />"Certification Regarding Debarment, Suspension, Ineligibility
<br />and Voluntary Exclusion -Lower Tier Covered Transactions,"
<br />provided by the department or contracting agency, entering
<br />into this covered transaction, without modification, in all lower
<br />tier covered transactions and in all solicitations for lower tier
<br />covered transactions exceeding the $25,000 threshold. 2 CFR
<br />180.220 and 180.300.
<br />h. 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. 2 CFR 180.300;
<br />180.320, and 180.325. A participant is responsible for
<br />ensuring that its principals are not suspended, debarred, or
<br />otherwise ineligible to participate in covered transactions. 2
<br />CFR 180.335. To verify the eligibility of its principals, as well
<br />as 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 (httos://www.sam.ao. 2 CFR
<br />180.300, 180.320, and 180.325.
<br />i. 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 (f) 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 may terminate this transaction for cause
<br />or default. 2 CFR 180.325.
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