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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 />4. Certification Regarding Debarment, Suspension,
<br />Ineligibility and Voluntary Exclusion --Lower Tier
<br />Participants:
<br />a. The prospective lower tier participant certifies, by
<br />submission of this proposal, that neither it nor its principals:
<br />(1) is presently debarred, suspended, proposed for
<br />debarment, declared ineligible, or voluntarily excluded from
<br />participating in covered transactions by any Federal
<br />department or agency, 2 CFR 180.355;
<br />(2) 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 />(3) 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 />b. 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
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<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
<br />subcontracts, which exceed $100,000 and that all such
<br />recipients shall certify and disclose accordingly.
<br />XII. USE OF UNITED STATES -FLAG VESSELS:
<br />This provision is applicable to all Federal -aid construction
<br />contracts, design -build contracts, subcontracts, lower -tier
<br />subcontracts, purchase orders, lease agreements, or any other
<br />covered transaction. 46 CFR Part 381.
<br />This requirement applies to material or equipment that is
<br />acquired for a specific Federal -aid highway project. 46 CFR
<br />381.7. It is not applicable to goods or materials that come into
<br />inventories independent of an FHWA funded -contract.
<br />When oceanic shipments (or shipments across the Great
<br />Lakes) are necessary for materials or equipment acquired for a
<br />specific Federal -aid construction project, the bidder, proposer,
<br />contractor, subcontractor, or vendor agrees:
<br />1. To utilize privately owned United States -flag commercial
<br />vessels to ship at least 50 percent of the gross tonnage
<br />(computed separately for dry bulk carriers, dry cargo liners,
<br />and tankers) involved, whenever shipping any equipment,
<br />material, or commodities pursuant to this contract, to the
<br />extent such vessels are available at fair and reasonable rates
<br />for United States -flag commercial vessels. 46 CFR 381.7.
<br />2. To furnish within 20 days following the date of loading for
<br />shipments originating within the United States or within 30
<br />working days following the date of loading for shipments
<br />originating outside the United States, a legible copy of a rated,
<br />'on -board' commercial ocean bill -of -lading in English for each
<br />shipment of cargo described in paragraph (b)(1) of this section
<br />to both the Contracting Officer (through the prime contractor in
<br />the case of subcontractor bills -of -lading) and to the Office of
<br />Cargo and Commercial Sealift (MAR -620), Maritime
<br />Administration, Washington, DC 20590. (MARAD requires
<br />copies of the ocean carrier's (master) bills of lading, certified
<br />onboard, dated, with rates and charges. These bills of lading
<br />may contain business sensitive information and therefore may
<br />be submitted directly to MARAD by the Ocean Transportation
<br />Intermediary on behalf of the contractor). 46 CFR 381.7.
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