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State Fiscal Year 2013 Public Transportation Programs <br />Federal and State Assistance Certifications and Assurances <br />(5) Participate in or obtain any benefit from any FTA/NCDOT administered program, <br />b. In any program or activity receiving or benefiting from FederaUState funding FTA/NCDOT or any entity <br />within U.S.DOT administers, no otherwise qualified people with a disability will, because of their <br />disability, be: <br />(1) Excluded from participation, <br />(2) Denied benefits, or <br />(3) Otherwise subjected to discrimination. <br />F. Suspension and Debarment. <br />1. U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 CFR part 1200, which adopts and <br />supplements the provisions of U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies <br />on Governmentwide Debarment and Suspension (Nonprocurement)," 2 CFR part 180, permit certifications to <br />assure the Applicant acknowledges that: <br />2. The Applicant certifies to the best of its knowledge and belief that, it, its principals, and first tier subrecipients: <br />a. Are eligible to participate in covered transactions of any FederaUState department or agency and are not <br />presently: <br />(1) Debarred, <br />(2) Suspended, <br />(3) Proposed for debarment, <br />(4) Declared ineligible, or <br />(5) Voluntarily excluded, or <br />(6) Disqualified, <br />b. .Have not within athree-year period preceding its latest application or proposal been convicted of or had a <br />civil judgment rendered against any of them for: <br />(1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or <br />performing a public (Federal, State, or local) transaction, or contract under a public transaction, <br />(2) .Violation of any Federal or State antitrust statute, or <br />(3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making <br />any false statement, or receiving stolen property, <br />c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity <br />(Federal, State, or local) with commission of any of the offenses listed in the preceding Section 2.b of this <br />certification, <br />d. Have not had one or more public transactions (Federal, State, or local) terminated for cause or default <br />within athree-year period preceding this certification, <br />e. Will promptly provide any information to the FTA/NCDOT if at a later time any information contradicts <br />the statements of subparagraphs (1) through (4) above, and <br />f. Will treat each lower tier contract or lower tier subcontract under the Project as a covered lower tier <br />contract for purposes of 2 CFR part 1200 and 2 CFR part 180 if it: <br />(1) Equals or exceeds $25,000, <br />(2) Is for audit services, or <br />(3) Requires the consent of a FederaUState official, <br />g. Will require that each covered lower tier contractor and subcontractor: <br />(1) Comply with the Federal requirements of 2 CFR part 1200 and 2 CFR part 180, and <br />(2) Assure that each lower tier participant in the Project is not presently declared by any FederaUState <br />department or agency to be: <br />(a) Debarred from participation in the federaUstate funded project, <br />(b) Suspended from participation in the federaUstate funded project, <br />(c) Proposed for debarment from participation in the federally/state funded project, <br />(d) Declared ineligible to participate in the federaUstate funded project, <br />(e) Voluntarily excluded from participation in the federaUstate funded project, or <br />(f) Disqualified from participation in the federaUstate funded Project. <br />3, The Applicant will provide a written explanation indicated on its Signature Page or a page attached in <br />NCDOT's Grants Management System if it or any of its principals, including any of its first tier subrecipients <br />or lower tier participants, is unable to certify to the preceding statements in this certification. <br />4 <br />