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<br /> who has entered into a covered transaction with a recipient or (2) Have not within a three-year period preceding this I
<br /> subrecipient of Federal funds(such as the prime or general proposal been convicted of or had a civil judgment rendered
<br /> contractor)."Lower Tier Participant"refers any participant who against them for commission of fraud or a criminal offense in
<br /> has entered into a covered transaction with a First Tier connection with obtaining,attempting to obtain,or performing
<br /> Participant or other Lower Tier Participants(such as a public(Federal,State,or local)transaction or contract underI
<br /> subcontractors and suppliers). a public transaction;violation of Federal or State antitrust
<br /> statutes or commission of embezzlement,theft,forgery,
<br /> f.The prospective first tier participant agrees by submittingI
<br /> bribery,falsification or destruction of records,making false
<br /> this proposal that,should the proposed covered transaction be statements,or receiving stolen property,2 CFR 180.800;
<br /> entered into,it shall not knowingly enter into any lower tier
<br /> covered transaction with a person who is debarred, (3) Are not presently indicted for or otherwise criminally or
<br /> suspended,declared ineligible,or voluntarily excluded from civilly charged by a governmental entity(Federal,State or
<br /> participation in this covered transaction,unless authorized by local)with commission of any of the offenses enumerated in
<br /> the department or agency entering into this transaction. 2 paragraph(a)(2)of this certification,2 CFR 180.700 andI
<br /> CFR 180.330. 180.800;and
<br /> g.The prospective first tier participant further agrees by (4) Have not within a three-year period preceding this
<br /> submitting this proposal that it will include the clause titled application/proposal had one or more public transactions
<br /> "Certification Regarding Debarment,Suspension,Ineligibility (Federal,State or local)terminated for cause or default.2
<br /> and Voluntary Exclusion-Lower Tier Covered Transactions," CFR 180.335(d).
<br /> provided by the department or contracting agency,entering
<br /> into this covered transaction,without modification,in all lower (5)Are not a corporation that has been convicted of a felony I
<br /> tier covered transactions and in all solicitations for lower tier violation under any Federal law within the two-year period
<br /> covered transactions exceeding the$25,000 threshold.2 CFR preceding this proposal(USDOT Order 4200.E implementing
<br /> 180.220 and 180.300. appropriations act requirements);and
<br /> h.A participant in a covered transaction may rely upon a (6)Are not a corporation with any unpaid Federal tax liability I
<br /> certification of a prospective participant in a lower tier covered that has been assessed,for which all judicial and
<br /> administrative remedies have been exhausted,or have lapsed,transaction that is not debarred,suspended,ineligible,or
<br /> voluntarily excluded from the covered transaction,unless it and that is not being paid in a timely manner pursuant to an
<br /> knows that the certification is erroneous.2 CFR 180.300; agreement with the authority responsible for collecting the tax
<br /> 180.320,and 180.325.A participant is responsible for liability(USDOT Order 4200.6 implementing appropriations act
<br /> ensuring that its principals are not suspended,debarred,or requirements).
<br /> otherwise ineligible to participate in covered transactions.2
<br /> CFR 180.335.To verify the eligibility of its principals,as well b. Where the prospective participant is unable to certify to I
<br /> as the eligibility of any lower tier prospective participants,each any of the statements in this certification,such prospective
<br /> participant may,but is not required to,check the System for participant should attach an explanation to this proposal.2
<br /> Award Management website(https://www.sam.aov/).2 CFR CFR 180.335 and 180.340.
<br /> 180.300, 180.320,and 180.325. I
<br /> i. Nothing contained in the foregoing shall be construed to 3.Instructions for Certification-Lower Tier Participants:
<br /> require the establishment of a system of records in order to
<br /> render in good faith the certification required by this clause. (Applicable to all subcontracts,purchase orders,and other
<br /> The knowledge and information of the prospective participant lower tier transactions requiring prior FHWA approval or I
<br /> is not required to exceed that which is normally possessed by estimated to cost$25,000 or more-2 CFR Parts 180 and
<br /> a prudent person in the ordinary course of business dealings. 1200).2 CFR 180.220 and 1200.220.
<br /> j. Except for transactions authorized under paragraph(f)of a. By signing and submitting this proposal,the prospective I
<br /> these instructions, if a participant in a covered transaction lower tier participant is providing the certification set out below.
<br /> knowingly enters into a lower tier covered transaction with a
<br /> person who is suspended,debarred,ineligible,or voluntarily b.The certification in this clause is a material representation
<br /> excluded from participation in this transaction,in addition to of fact upon which reliance was placed when this transaction
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<br /> other remedies available to the Federal Government,the was entered into. If it is later determined that the prospective
<br /> department or agency may terminate this transaction forcause lower tier participant knowingly rendered an erroneous
<br /> or default.2 CFR 180.325. certification,in addition to other remedies available to the
<br /> Federal Government,the department,or agency with which
<br /> ***** this transaction originated may pursue available remedies,
<br /> including suspension and/or debarment. I
<br /> 2. Certification Regarding Debarment,Suspension,
<br /> Ineligibility and Voluntary Exclusion—First Tier c.The prospective lower tier participant shall provide
<br /> Participants: immediate written notice to the person to which this proposal is
<br /> submitted if at any time the prospective lower tier participant I
<br /> a. The prospective first tier participant certifies to the best of leams that its certification was erroneous by reason of
<br /> its knowledge and belief,that it and its principals: changed circumstances.2 CFR 180.365.
<br /> (1) Are not presently debarred,suspended,proposed for d.The terms"covered transaction,""debarred," I
<br /> debarment,declared ineligible,or voluntarily excluded from "suspended,""ineligible,""participant,""person,""principal,"
<br /> participating in covered transactions by any Federal 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 /> department or agency,2 CFR 180.335;.
<br /> You may contact the person to which this proposal is
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