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Inshvctions for Certifxation -Lower Tier Covered Transactions:
<br />(Applicable to all subcentracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29)
<br />a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
<br />b. The certificadon 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 avaIIable to the Federal Govemment, the department, or agency with ~vhidr 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 pmspectve lower tier participant Teams that its certification was erroneous by reason of changed
<br />circarmstances.
<br />d. The terms "covered transaction," "debarred," "suspended," "ineligible," "Primary covered transaction," "participant," "person,"
<br />"principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
<br />Coverage sections of Hiles implementing Executive Order 12549. You may contact the person to which this proposal is
<br />submitted fm assistance in obtaining a copy ofthose regulations.
<br />e The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
<br />catered into, it shall not knowingly enter into a~+ lower tier covered transaction with a person who is debarred, suspended,
<br />declared ineligible, or voluntarily excluded from participation is this covered transaction, unless authori7td by the department
<br />or agency with which this transaction originated.
<br />f. The pmspectve lower tier participant further agrees by submitting this proposal that it will include this clause fitted
<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.
<br />g A participant is a covered transaction may rely upon a certification of a prospective participant is a lower tier covered
<br />transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered irancartion, unless it knows
<br />that the certification is erroneous. A participant may decide the method and frequency by which it detemrines the eligibility of
<br />its principals. Each participant may, but is not required to, check the Nonprocurement List
<br />h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
<br />faith the certification required by this clause. The knowledge and information of participant is not required to exceed that
<br />which is normally possessed by a prudent person in the ordinary course of business dealings.
<br />i Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction ]movingly
<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 />with which this transaction originated may pursue available remedies, including suspension and/or debarment
<br />•ss*~
<br />Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions:
<br />1. The prospective lower tier participant certifies, by submission of this pmposat, that neither it nor its principals is presently debarred,
<br />suspended, proposed for debarme~, declazed ineligible, or voluntarily 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 to any of the statements in this ccrlification, such prospective
<br />participant shall attach an explanation to this proposal.
<br />ss**s.
<br />XIL CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
<br />(Applicable to all Federal-aid constmctioa contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20)
<br />The prospective participam certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief;
<br />that:
<br />a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to a~ person for influencing
<br />or attempting to influence an officer or employee of a~ Federal agency, a Member of Congress, an officer or employee of
<br />Congress, or agernployee of a Member of Congess is connection with the awarding of a~ Federal contract, the making of
<br />any Federal grate the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
<br />continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement
<br />b. L`any funds other than Federal appropriated funds have been paid or will be paid to any person far influencing or attempting to
<br />influence an officer or employee of arty Federal agency, a Member of Congress, an officer or employee of Congess, oc an
<br />employee of a Member of Congress in connection with this Federal comcact, grant, loan, or cooperative agreement, the
<br />undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its
<br />imtructions.
<br />This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered urto.
<br />Submission of this certif'cation is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. A~ person
<br />who fails to file the required cation shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
<br />each such failure.
<br />The prospective participant also agrees by submitting his or her 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 $100,000 and that all such recipients shall certify and disclose
<br />accordingly.
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