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"Whoever, being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall
<br /> States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification
<br /> person, association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be
<br /> false statement,false representation,or false report as to the considered in connection with the department or agency's
<br /> character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However,
<br /> be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a
<br /> be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person
<br /> submission of plans,maps,specifications,contracts,or costs from participation in this transaction.
<br /> of construction on any highway or related project submitted for
<br /> approval to the Secretary of Transportation;or c.The certification in this clause is a material representation
<br /> of fact upon which reliance was placed when the contracting
<br /> Whoever knowingly makes any false statement,false agency determined to enter into this transaction. If it is later
<br /> representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered
<br /> character,quality,quantity,or cost of any work performed or to an erroneous certification, in addition to other remedies
<br /> be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency
<br /> connection with the construction of any highway or related may terminate this transaction for cause of default.
<br /> project approved by the Secretary of Transportation;or
<br /> d.The prospective first tier participant shall provide
<br /> Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom
<br /> representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier
<br /> or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when
<br /> Roads Act approved July 1, 1916,(39 Stat.355), as amended submitted or has become erroneous by reason of changed
<br /> and supplemented; circumstances.
<br /> Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred,"
<br /> years or both." "suspended,""ineligible,""participant,""person," "principal,"
<br /> and"voluntarily excluded,"as used in this clause,are defined
<br /> in 2 CFR Parts 180 and 1200. "First Tier Covered
<br /> IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a
<br /> WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such
<br /> as the prime or general contract). "Lower Tier Covered
<br /> This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First
<br /> contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier
<br /> Participant"refers to the participant who has entered into a
<br /> By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal
<br /> contract,or subcontract,as appropriate,the bidder, proposer, funds(such as the prime or general contractor). "Lower Tier
<br /> Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a
<br /> appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower
<br /> Tier Participants(such as subcontractors and suppliers).
<br /> 1.That any person who is or will be utilized in the
<br /> performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting
<br /> award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be
<br /> or Section 306 of the Clean Air Act. entered into, it shall not knowingly enter into any lower tier
<br /> 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred,
<br /> included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from
<br /> every subcontract,and further agrees to take such action as participation in this covered transaction, unless authorized by
<br /> the contracting agency may direct as a means of enforcing the department or agency entering into this transaction.
<br /> such requirements.
<br /> g.The prospective first tier participant further agrees by
<br /> submitting this proposal that it will include the clause titled
<br /> X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension, Ineligibility
<br /> SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions,"
<br /> EXCLUSION provided by the department or contracting agency,entering
<br /> into this covered transaction,without modification,in all lower
<br /> This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier
<br /> contracts,design-build contracts,subcontracts, lower-tier covered transactions exceeding the$25,000 threshold.
<br /> subcontracts,purchase orders, lease agreements,consultant
<br /> contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a
<br /> approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered
<br /> defined in 2 CFR Parts 180 and 1200. 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 /> 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered
<br /> transactions. To verify the eligibility of its principals,as well as
<br /> a. By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each
<br /> first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded
<br /> Parties List System website(httos://www.eols.aov/),which is
<br /> b.The inability of a person to provide the certification set out compiled by the General Services Administration.
<br /> below will not necessarily result in denial of participation in this
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