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DocuSign Envelope ID:78958EB7-5B02-4CA0-8EAF-F3E892A7B33B
<br /> X. CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGfBILlTY AND VOLUNTARY EXCLUSION
<br /> This provision is applicable to all Federal-aid construction contracts,design-build contracts,subcontracts,lower-tier subcontracts,purchase orders,
<br /> lease agreements,consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost$25,000 or more—as
<br /> defined in 2 CFR Ports 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 covered
<br /> transaction.The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below.The
<br /> certification or explanation will be considered in connection with the department or agency's determination whether to enter into this
<br /> transaction.However,failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person
<br /> from participation in this transaction.
<br /> c. Tha certification in this clause is a material represcmalion of fact upon which rcliancc was placed when the contracting agency determined to
<br /> enter into this transaction.I it is later determined that the prospective participant knowingly rendered an erroneous certification,in addition to
<br /> other remedies available to the Federal Government,the contracting agency may terminate this transaction for cause ofdcfault.
<br /> d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if
<br /> any time the prospective First tier participant teams that its certification was erroneous when submitted or has become erroneous by reason of
<br /> changed circumstances.
<br /> e. The terms"covered transaction,""debarred,""suspended,""ineligible,""participant,""person;'"principal,"and"voluntarily excluded,"as
<br /> used in this clause,are defined in 2 CFR Parts 180 and 1200."Firs[Tier Covered Transactions"refers to any covered transaction between
<br /> a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract)."Lower Tier Covered Transactions"refers
<br /> to any covered transaction under a First Tier Ccvcrcd Transaclion(such as subcontracts)."First Ticr Participant"refers 16 the participant who
<br /> has entered into a covered transaction with a grantee or subgrantee of Federal funds(such as the prime or general contractor)."Lower Tier
<br /> Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants
<br /> (such as subcontractors and suppliers).
<br /> f. The prospective first tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall
<br /> not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily
<br /> excluded from participation in this covered transaction,unless authorized by the department 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 tilled"Certification Regarding
<br /> Debarment,Suspension,I n eligib il i ry and Voluntary Exclusion-Lower Tier Covered Transactions;'provided by the deparmient or contracting
<br /> agency,enlering into this covered transaction,without modification,in all lower tier covered transactions and in all solicitations for tower tier
<br /> 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 Power tier covered transaction that is not
<br /> debarred,suspended, ineligible, or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.
<br /> A participant is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to participate in covered
<br /> transactions.To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each participant may,
<br /> but is not required to,check the Excluded Parties List System website(https:liwww.epls.gov/),which is compiled by the General Services
<br /> Administration.
<br /> i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the
<br /> certification required by this clause.The knowledge and information of the prospective participant is not required to exceed that which is
<br /> normally possessed by a pendent person in the ordinary course ofbusiness dealings,
<br /> j. Except for transactions authorized under paragraph(f)of these instructions,if a participant in a covered transaction knowingly enters into
<br /> a lower tier covered transaction with a person who is suspended, debarred, ineligible,or voluntarily excluded from participation in this
<br /> transaction,in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for
<br /> 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 /> (I) Arc not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participating in covered
<br /> 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 them for
<br /> commission of fraud or a criminal offense in connection with obtaining,aticmpting to obtain,or performing a public(Fodcral,State or
<br /> local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,
<br /> theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property;
<br /> (3) Arc not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with
<br /> 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 applicationlproposal had one or more public transactions(Federal,State or local)
<br /> Itrminaled far cause or default.
<br /> b. Where the prospective participant is unable to certify to any of the statements in this ceniftcation,such prospective participant shall attach an
<br /> explanation to this prapasal.
<br /> 2. Instructions for CLr dlication-Lower Tier Participants:
<br /> (Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or
<br /> mare-2 CFR Ports 180 and 120D)
<br /> a. By signing and submitting this proposal,the prospective lower tier is providing the ccrtitication set out below,
<br /> b. The certification in this clause is a material representation of fact upon which rcliancc was placed when this transaction was entered into.If it
<br /> is later determined that the prospective lower tier panicipant knowingly rendered an erroneous certi fica[ion,in addition to other remedies
<br /> available to the Federal Government, the department,or agency with which this transaction originated may pursue available remedies,
<br /> including suspension andlor debarment.
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