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DocuSign Envelope ID-07C464C4-FD86-434A-AO1B-558064E4E858
<br /> PO#:461001815
<br /> Routing#:22-HA3-ZG-00070
<br /> i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in
<br /> good faith the certification required by this clause. The knowledge and information of the prospective participant is not
<br /> required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
<br /> j. Except for transactions authorized under paragraph(f)of these instructions,if a participant in a covered transaction knowingly
<br /> enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from
<br /> participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency
<br /> may terminate this transaction for cause or default.
<br /> 2. Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—First Tier Participants:
<br /> a. The prospective first tier participant certifies to the best of its knowledge and belief,that it and its principals:
<br /> (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
<br /> participating in covered transactions by any Federal department or agency,
<br /> (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against
<br /> them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a
<br /> public(Federal,State or local)transaction or contract under a public transaction;violation of Federal or State antitrust
<br /> statutes or commission of embezzlement,theft, forgery,bribery, falsification or destruction of records,making false
<br /> statements,or receiving stolen property;
<br /> (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State or local)
<br /> with commission of any of the offenses enumerated in paragraph(a)(2)of this certification;and
<br /> (4) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal,
<br /> State or local)terminated for cause or default.
<br /> b. Where the prospective participant is unable to certify to any of the statements in this certification,such prospective participant
<br /> shall attach an explanation to this proposal.
<br /> 2 Instructions for Certification-Lower Tier Participants:
<br /> (Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
<br /> cost$25,000 or more-2 CFR Parts 180 and 1200)
<br /> a. By signing and submitting this proposal,the prospective lower tier is providing the certification set out below
<br /> b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
<br /> entered into.If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,
<br /> in addition to other remedies available to the Federal Government,the department,or agency with which this transaction
<br /> originated may pursue available remedies,including suspension and/or debarment.
<br /> c The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted
<br /> if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed
<br /> circumstances.
<br /> d. 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. You may contact the person to which this proposal
<br /> is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions"refers to any covered
<br /> transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower
<br /> Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction(such as subcontracts)
<br /> "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of
<br /> Federal funds(such as the prime or general contractor). "Lower Tier Participant'refers any participant who has entered into
<br /> a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers).
<br /> e The prospective lower 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 with which this transaction originated.
<br /> f. The prospective lower tier participant fiirther agrees by submitting this proposal that it will include this clause titled
<br /> "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"
<br /> without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding
<br /> the$25,000 threshold.
<br /> g. 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.
<br /> h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
<br /> good faith the certification required by this clause.The knowledge and information of participant is not required to exceed
<br /> that which is normally possessed by a prudent person in the ordinary course of business dealings.
<br /> i Except for transactions authorized under paragraph e of these instructions,if a participant in a covered transaction knowingly
<br /> enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from
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