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<br /> Iwith the construction safety and health standards and to carry or regulations issued pursuant to the Clean Air Act(42 U.S.C.
<br /> out the duties of the Secretary under Section 107 of the Contract 7401-7671q)and the Federal Water Pollution Control Act,as
<br /> Work Hours and Safety Standards Act(40 U.S.C. amended(33 U.S.C. 1251-1387).Violations must be reported to
<br /> 3704). the Federal Highway Administration and the Regional Office of
<br /> the Environmental Protection Agency.2 CFR Part 200,
<br /> Appendix II.
<br /> VIII. FALSE STATEMENTS CONCERNING HIGHWAY
<br /> PROJECTS The contractor agrees to include or cause to be included the
<br /> requirements of this Section in every subcontract,and further
<br /> This provision is applicable to all Federal-aid construction agrees to take such action as the contracting agency may
<br /> contracts and to all related subcontracts. direct as a means of enforcing such requirements.2 CFR
<br /> 200.326.
<br /> I In order to assure high quality and durable construction in
<br /> conformity with approved plans and specifications and a high
<br /> degree of reliability on statements and representations made by X.CERTIFICATION REGARDING DEBARMENT,
<br /> engineers,contractors,suppliers,and workers on Federal-aid SUSPENSION,INELIGIBILITY AND VOLUNTARY
<br /> highway projects, it is essential that all persons concerned with EXCLUSION
<br /> the project perform their functions as carefully,thoroughly,and
<br /> honestly as possible.Willful falsification,distortion,or
<br /> misrepresentation with respect to any facts related to the project This provision is applicable to all Federal-aid construction
<br /> is a violation of Federal law.To prevent any misunderstanding contracts,design-build contracts,subcontracts,lower-tier
<br /> regarding the seriousness of these and similar acts,Form subcontracts,purchase orders,lease agreements,consultant
<br /> FHWA-1022 shall be posted on each Federal-aid highway contracts or any other covered transaction requiring FHWA
<br /> project(23 CFR Part 635)in one or more places where it is approval or that is estimated to cost$25,000 or more—as
<br /> readily available to all persons concerned with the project: defined in 2 CFR Parts 180 and 1200.2 CFR 180.220 and
<br /> 1200.220.
<br /> 18 U.S.C. 1020 reads as follows:
<br /> 1.Instructions for Certification—First Tier Participants:
<br /> "Whoever,being an officer,agent,or employee of the United a. By signing and submitting this proposal,the prospective
<br /> I States,or of any State or Territory,or whoever,whether a
<br /> person,association,firm,or corporation, knowingly makes any first tier participant is providing the certification set out below.
<br /> false statement,false representation,or false report as to the
<br /> character,quality,quantity,or cost of the material used or to be b.The inability of a person to provide the certification set out
<br /> 1 used,or the quantity or quality of the work performed or to be below will not necessarily result in denial of participation in this
<br /> performed,or the cost thereof in connection with the submission covered transaction.The prospective first tier participant shall
<br /> of plans,maps,specifications,contracts,or costs of submit an explanation of why it cannot provide the certification
<br /> construction on any highway or related project submitted for set out below.The certification or explanation will be
<br /> approval to the Secretary of Transportation;or considered in connection with the department or agency's
<br /> determination whether to enter into this transaction. However,
<br /> Whoever knowingly makes any false statement,false failure of the prospective first tier participant to furnish a
<br /> representation,false report or false claim with respect to the certification or an explanation shall disqualify such a person
<br /> character,quality,quantity,or cost of any work performed or to from participation in this transaction.2 CFR 180.320.
<br /> I be performed,or materials furnished or to be furnished,in
<br /> connection with the construction of any highway or related c.The certification in this clause is a material representation
<br /> project approved by the Secretary of Transportation;or of fact upon which reliance was placed when the contracting
<br /> agency determined to enter into this transaction. If it is later
<br /> Whoever knowingly makes any false statement or false determined that the prospective participant knowingly rendered
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<br /> representation as to material fact in any statement,certificate, an erroneous certification,in addition to other remedies
<br /> or report submitted pursuant to provisions of the Federal aid available to the Federal Government,the contracting agency
<br /> Roads Act approved July 11, 1916, (39 Stat.355),as amended may terminate this transaction for cause of default.2 CFR
<br /> and supplemented; 180.325.
<br /> I Shall be fined under this title or imprisoned not more than 5 d.The prospective first tier participant shall provide
<br /> years or both." 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 /> IIX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL submitted or has become erroneous by reason of changed
<br /> WATER POLLUTION CONTROL ACT(42 U.S.C.7606;2 circumstances.2 CFR 180.345 and 180.350.
<br /> CFR 200.88;EO 11738)
<br /> e.The terms"covered transaction,""debarred,"
<br /> 1 This provision is applicable to all Federal-aid construction contracts in excess of$150,000 and to all related "suspended,""ineligible,""participant,""person,""principal,"
<br /> and"voluntarily excluded,"as used in this clause,are defined
<br /> subcontracts.48 CFR 2.101;2 CFR 200.326. in 2 CFR Parts 180,Subpart I, 180.900-180.1020,and 1200.
<br /> "First Tier Covered Transactions"refers to any covered
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<br /> By submission of this bid/proposal or the execution of this transaction between a recipient or subrecipient of Federal
<br /> contract or subcontract,as appropriate,the bidder,proposer, funds and a participant(such as the prime or general contract).
<br /> Federal-aid construction contractor,subcontractor,supplier,or "Lower Tier Covered Transactions"refers to any covered
<br /> vendor agrees to comply with all applicable standards,orders transaction under a First Tier Covered Transaction(such as
<br /> subcontracts)."First Tier Participant"refers to the participant
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