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DocuSign Envelope ID-07C464C4-FDB6-434A-A01B-558064E4E858
<br /> PO#:461001815
<br /> Routing#:22-HA3-ZG-00070
<br /> thereof in connection with the submission of plans,maps,specifications,contracts,or costs of construction on any highway or related
<br /> project submitted for approval to the Secretary of Transportation;or
<br /> Whoever knowingly makes any false statement,false representation,false report or false claim with respect to the character,quality,
<br /> quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the
<br /> construction of any highway or related project approved by the Secretary of Transportation;or
<br /> Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report
<br /> submitted pursuant to provisions of the Federal-aid Roads Act approved July 1,1916,(39 Stat.355),as amended and supplemented;
<br /> Shall be fined under this title or imprisoned not more than 5 years or both"
<br /> IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
<br /> This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
<br /> By submission of this bid/proposal or the execution of this contract,or subcontract,as appropriate,the bidder,proposer,Federal-aid
<br /> construction contractor,or subcontractor,as appropriate,will be deemed to have stipulated as follows:
<br /> 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a
<br /> violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.
<br /> 2. That the contractor agrees to include or cause to be included the requirements of paragraph(1) of this Section X in every
<br /> subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such
<br /> requirements.
<br /> X. CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY
<br /> EXCLUSION
<br /> This provision is applicable to all Federal-aid construction contracts, design-build contracts,subcontracts,lower-tier subcontracts,
<br /> purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA approval or that is estimated
<br /> to cost$25,000 or more— as defined in 2 CFR Parts 180 and 1200.
<br /> 1. Instructions for Certification—First Tier Participants:
<br /> a. By signing and submitting this proposal,the prospective first tier participant is providing the certification set out below.
<br /> b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this
<br /> covered transaction.The prospective first tier participant shall submit an explanation of why it cannot provide the certification
<br /> set out below.The certification or explanation will be considered in connection with the department or agency's determination
<br /> whether to enter into this transaction However,failure of the prospective first tier participant to furnish a certification or an
<br /> explanation shall disqualify such a person from participation in this transaction
<br /> c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency
<br /> determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an
<br /> erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may
<br /> terminate this transaction for cause of default.
<br /> d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal
<br /> is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has
<br /> become erroneous by reason of changed circumstances.
<br /> e. The terms"covered transaction,""debarred,""suspended,""ineligible,""participant,""person,""principal,"and"voluntarily
<br /> excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions"refers to any
<br /> covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract)
<br /> "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as
<br /> subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or
<br /> subgrantee of Federal funds(such as the prime or general contractor) "Lower Tier Participant"refers any participant who
<br /> has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors
<br /> and suppliers).
<br /> f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be
<br /> entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,
<br /> declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department
<br /> or agency entering into this transaction.
<br /> g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled"Certification
<br /> Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions,"provided by the
<br /> department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered
<br /> transactions and in all solicitations for lower tier covered transactions exceeding the$25,000 threshold.
<br /> h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
<br /> transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows
<br /> that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended,debarred,or
<br /> otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as the eligibility
<br /> of any lower tier prospective participants,each participant may,but is not required to,check the Excluded Parties List System
<br /> website(https://www.epis.gov/),which is compiled by the General Services Administration.
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