|
with the construction safety and health standards and to carry
<br />out the duties of the Secretary under Section 107 of the
<br />Contract Work Hours and Safety Standards Act (40 U.S.C.
<br />3704).
<br />VIII. FALSE STATEMENTS CONCERNING HIGHWAY
<br />PROJECTS
<br />This provision is applicable to all Federal -aid construction
<br />contracts and to all related subcontracts.
<br />In order to assure high quality and durable construction in
<br />conformity with approved plans and specifications and a high
<br />degree of reliability on statements and representations made
<br />by engineers, contractors, suppliers, and workers on Federal -
<br />aid highway projects, it is essential that all persons concerned
<br />with the project perform their functions as carefully, thoroughly
<br />and honestly as possible. Willful falsification, distortion, or
<br />misrepresentation with respect to any facts related to the
<br />project is a violation of Federal law. To prevent any
<br />misunderstanding regarding the seriousness of these and
<br />similar acts, Form FHWA-1022 shall be posted on each
<br />Federal -aid highway project (23 CFR Part 635) in one or more
<br />places where it is readily available to all persons concerned
<br />with the project:
<br />18 U.S.C. 1020 reads as follows:
<br />"Whoever, being an officer, agent, or employee of the United
<br />States, or of any State or Territory, or whoever, whether a
<br />person, association, firm, or corporation, knowingly makes any
<br />false statement, false representation, or false report as to the
<br />character, quality, quantity, or cost of the material used or to
<br />be used, or the quantity or quality of the work performed or to
<br />be performed, or the cost thereof in connection with the
<br />submission of plans, maps, specifications, contracts, or costs
<br />of construction on any highway or related project submitted for
<br />approval to the Secretary of Transportation; or
<br />Whoever knowingly makes any false statement, false
<br />representation, false report or false claim with respect to the
<br />character, quality, quantity, or cost of any work performed or to
<br />be performed, or materials furnished or to be furnished, in
<br />connection with the construction of any highway or related
<br />project approved by the Secretary of Transportation; or
<br />Whoever knowingly makes any false statement or false
<br />representation as to material fact in any statement, certificate,
<br />or report submitted pursuant to provisions of the Federal -aid
<br />Roads Act approved July 11, 1916, (39 Stat. 355), as
<br />amended and supplemented;
<br />Shall be fined under this title or imprisoned not more than 5
<br />years or both."
<br />IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
<br />WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
<br />CFR 200.88; EO 11738)
<br />This provision is applicable to all Federal -aid construction
<br />contracts in excess of $150,000 and to all related
<br />subcontracts. 48 CFR 2.101; 2 CFR 200.326.
<br />By submission of this bid/proposal or the execution of this
<br />contract or subcontract, as appropriate, the bidder, proposer,
<br />Federal -aid construction contractor, subcontractor, supplier, or
<br />vendor agrees to comply with all applicable standards, orders
<br />or regulations issued pursuant to the Clean Air Act (42 U.S.C.
<br />7401-7671q) and the Federal Water Pollution Control Act, as
<br />amended (33 U.S.C. 1251-1387). Violations must be reported
<br />to the Federal Highway Administration and the Regional Office
<br />of the Environmental Protection Agency. 2 CFR Part 200,
<br />Appendix II.
<br />The contractor agrees to include or cause to be included the
<br />requirements of this Section in every subcontract, and further
<br />agrees to take such action as the contracting agency may
<br />direct as a means of enforcing such requirements. 2 CFR
<br />200.326.
<br />X. CERTIFICATION REGARDING DEBARMENT,
<br />SUSPENSION, INELIGIBILITY AND VOLUNTARY
<br />EXCLUSION
<br />This provision is applicable to all Federal -aid construction
<br />contracts, design -build contracts, subcontracts, lower -tier
<br />subcontracts, purchase orders, lease agreements, consultant
<br />contracts or any other covered transaction requiring FHWA
<br />approval or that is estimated to cost $25,000 or more — as
<br />defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
<br />1200.220.
<br />1. Instructions for Certification — First Tier Participants:
<br />a. By signing and submitting this proposal, the prospective
<br />first tier participant is providing the certification set out below.
<br />b. The inability of a person to provide the certification set out
<br />below will not necessarily result in denial of participation in this
<br />covered transaction. The prospective first tier participant shall
<br />submit an explanation of why it cannot provide the certification
<br />set out below. The certification or explanation will be
<br />considered in connection with the department or agency's
<br />determination whether to enter into this transaction. However,
<br />failure of the prospective first tier participant to furnish a
<br />certification or an explanation shall disqualify such a person
<br />from participation in this transaction. 2 CFR 180.320.
<br />c. The certification in this clause is a material representation
<br />of fact upon which reliance was placed when the contracting
<br />agency determined to enter into this transaction. If it is later
<br />determined that the prospective participant knowingly rendered
<br />an erroneous certification, in addition to other remedies
<br />available to the Federal Government, the contracting agency
<br />may terminate this transaction for cause of default. 2 CFR
<br />180.325.
<br />d. The prospective first tier participant shall provide
<br />immediate written notice to the contracting agency to whom
<br />this proposal is submitted if any time the prospective first tier
<br />participant learns that its certification was erroneous when
<br />submitted or has become erroneous by reason of changed
<br />circumstances. 2 CFR 180.345 and 180.350.
<br />e. The terms "covered transaction," "debarred,"
<br />"suspended," "ineligible," "participant," "person," "principal,"
<br />and "voluntarily excluded," as used in this clause, are defined
<br />in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200.
<br />"First Tier Covered Transactions" refers to any covered
<br />transaction between a recipient or subrecipient of Federal
<br />funds and a participant (such as the prime or general contract).
<br />"Lower Tier Covered Transactions" refers to any covered
<br />transaction under a First Tier Covered Transaction (such as
<br />subcontracts). "First Tier Participant" refers to the participant
<br />City Council 18 — 51 12/20/2022
<br />
|