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Ceff. ification Regarding Debarntent, Suspension, Ineli.g. ibility
<br /> and Voluntary Exclusion-Primary Covered Transactions
<br />
<br /> 1. The prospective primary participant certifies to the best of its
<br />knowledge and belief, that it and its principals:
<br />
<br /> a. Are not presently debarred, suspended, proposed for
<br />debarment, declared ineligible, or voluntarily excluded from covered
<br />transactions by any Federal department or agency;
<br />
<br /> b. Have not within a 3-year period preceding this prepos, al
<br />been convicted of or had a civil judgement rendered against them rot
<br />commission of fl'aud or a criminal offense in connection with
<br />obtaining, attempting to obtain, or performing a public (Federal, State
<br />or local) transaction or contract under a public transaction; violation
<br />of Federal or State antitrust statutes or commission of embezzle-
<br />ment, theft, forgery, bribery, falsification or destruction of records,
<br />making false statements, or receiving stolen property;.
<br />
<br /> c. Are not presently indicted for or otherwise criminally or
<br />civilly charged by a govemmental entit~ (Federal, State or local) with
<br />commission of any of the offenses enumerated in paragraph lb of
<br />this certification; and
<br />
<br /> d. Have not within a 3-year period preceding this applica-
<br />tion/proposal had one or more public ffansactons (Federal, State or
<br />local) terminated for cause or default.
<br />
<br /> 2. Where the prospective primary participant is unable to certify
<br />to any of the statements in this certification, such prospective
<br />participant shall attach an explanation to this proposal.
<br />
<br /> 2. Instructions for Certification - Lower Tier Covered Trans-
<br />actions:
<br />
<br /> (Applicable to all subcontracts, purchase orders and other lower
<br />tier transactions of $25,000 or more - 49 CFR 29)
<br />
<br /> a. By signing and submitting this proposal, the prospective
<br />lower tier is providing the certification set out below.
<br />
<br /> b. The certification in this clause is a material representation
<br />of fact upon which reliance wes placed when this transaction wes
<br />entered into. If it is later daten"nined that the prospective lower tier
<br />participant knowingly rendered an erroneous certification, in addition
<br />to other remedies available to the Federal Government, the depart-
<br />ment, or agency with v/ntch this transaction originated may pursue
<br />available remedies, including suspension and/or debarment.
<br />
<br /> c. The prospective lower tier pa~cipant shall provide immedi-
<br />ate written notice to the person to v/nich this proposal is submitted, if
<br />at any time the prospective lower tier participant learns that its
<br />certification was erroneous by reason of changed circumstances.
<br />
<br /> d. The terms "covered transaction," "debarred," 'suspended,"
<br />"ineligible," "primary covered transac~on,' "participant,' "person,"
<br />"principal," "proposal," and "volunterily excluded," as used in this
<br />clause, have the meanings set out in the Definitions and Coverage
<br />sections of rules implementing Executive Order 12549. You may
<br />contact the pereon to which this proposal is submitted for assistance
<br />in obtaining a copy of those regulations.
<br />
<br /> e. The prospective lower 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 covered
<br /> transaction with a person who is debarred, suspended, declared
<br /> ineligible, or voluntarily excluded from participation in this covered
<br /> transaction, unless authorized by the department or agency with
<br /> which this lransection originated.
<br />
<br /> f. The prospective lower tier participant further agrees by
<br /> submitting this proposal that it will include this clause titled "Certifica-
<br /> tion Regard ng Debarment, Suspension Ineligibility and Voluntary
<br /> Exclusion-Lower Tier Covered Transaction," without modificet]on, in
<br /> all lower tier covered transactions and in all solicitations for lower tier
<br /> covered transactions.
<br />
<br /> g. ~A participant in a covered transaction may rely upon a
<br /> certification of a prospective participant in a lower tier covered
<br />
<br />tyansaction that is not debarred, suspended, ineligible, or voluntarily
<br />excluded from the covered transaction, unless it knows that the
<br />certification is erroneous. A par~cipant may decide the met. hod._an.d
<br />frequency by which it determines the eligibility of its principals, r-ach
<br />participant may, but is not required to, check the Nonprocurement
<br />List.
<br />
<br /> h. Nothing contained n the foregoing shall be construed to
<br />require establishment-of a system of records in order to render n
<br />good faith the certification required by this clause. The knowledge
<br />and information of participant is not required to exceed that which is
<br />normally possessed by a prudent person in the ordinary course of
<br />business dealings.
<br />
<br /> i. Except for transactions authorized under paragraph e of
<br />these instructions, if a participant in a covered transaction knowingly
<br />enters into a lower tier covered transaction with a person who is
<br />suspended, debarred, ineligible, or voluntarily excluded from
<br />participation in this transaction, in addition to other remedies
<br />availab e to the Federal Government the department or agency with
<br />which this l~ansaction originated may pursue available remedies,
<br />including suspension andJor debarment.
<br />
<br /> Certification Regarding Debarment, Suspension, Ineligibility
<br /> and Voluntary Exclusion-Lower Tier Covered Transactions:
<br />
<br /> 1. The prospective lower tier participant .certifies, by..su.b .missio,n
<br />of this proposal, that neither it nor its principals is presanT~y eeDarrea,
<br />suspended, proposed for debarment, declared ineligible, or volun-
<br />tarily excluded from participation in this transaction by any Federal
<br />department or agency.
<br /> 2. Where the prospective lower tier participant is unable to certify
<br />to any of the statements in this certification, such prospective
<br />participant shall attach an explanation to this proposal.
<br />
<br />Xll. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
<br /> FOR LOBBYING
<br />
<br /> (Applicable to all Federal-aid construction contracts and to all
<br />related subcontracts which exceed $100,000 - 49 CFR 20)
<br />
<br /> 1. The prospective participant certifles,.by s. ignin, g and submitting
<br />this bid or proposal, to the best of his or ner Knowleoge and belief,
<br />that
<br />
<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 influenc-
<br />ng or attempting to influence an officer or employee of any Federal
<br />agency, a Member of Congress, an officer or emp oyee of Congress,
<br />or an employee of a Member of Congress in connection with the
<br />award ng of any Federal contract, the making of any Federal grant,
<br />the making of any Federal loan, the entering into of any cooperative
<br />agreement, and the extension, continuation, renewal, amendment,
<br />or modification of any Federal contract, grant, Ican, or cooperative
<br />agreement.
<br />
<br /> b. if any funds other than Federal appropriated funds have
<br /> been pa d or will be paid to any person for influencing or attempting
<br /> to influence an officer or employee of any Federa agency, a Member
<br /> of Congress, an officer or employee of Congress, or an employee of
<br /> a Member of Congress in connection with this Federal contract,
<br /> grant, loan, or cooperative agreement, the undersigned shall
<br /> coroplete and submit Standard Form, LLL, "Disclosure Form to
<br /> Report Lobbying," in accordance with its instructions.
<br />
<br /> 2. This certification is a material representation of fact upon which
<br /> reliance was placed when this transaction wes made or entered into.
<br /> Submission of this certification is a prerequisite for making or
<br /> entering into this ffansaction imposed by 31 U.S.C. 1352. Any
<br /> person who fails to file the required certification shall be subject to a
<br /> civil penalty of not less than $10,000 and not more than $100,000 for
<br /> each such failure.
<br /> 3. The prospective participant also agrees by submitting his or her
<br /> bid or proposal that he or she shall require that the language of this
<br /> certification be included in all lower tier subcontracts, which exceed
<br /> $100,000 and that all such recipients shall certify and disclose
<br /> accordingly. .
<br />
<br />Page s Form FHWA-1273 (Rev. 3-94)
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