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who has entered into a covered transaction with a recipient or
<br />subrecipient of Federal funds (such as the prime or general
<br />contractor). "Lower Tier Participant' refers any participant who
<br />has entered into a covered transaction with a First Tier
<br />Participant or other Lower Tier Participants (such as
<br />subcontractors and suppliers).
<br />f. The prospective first tier participant agrees by submitting
<br />this proposal that, should the proposed covered transaction be
<br />entered into, it shall not knowingly enter into any lower tier
<br />covered transaction with a person who is debarred,
<br />suspended, declared ineligible, or voluntarily excluded from
<br />participation in this covered transaction, unless authorized by
<br />the department or agency entering into this transaction. 2
<br />CFR 180.330.
<br />g. The prospective first tier participant further agrees by
<br />submitting this proposal that it will include the clause titled
<br />"Certification Regarding Debarment, Suspension, Ineligibility
<br />and Voluntary Exclusion -Lower Tier Covered Transactions,"
<br />provided by the department or contracting agency, entering
<br />into this covered transaction, without modification, in all lower
<br />tier covered transactions and in all solicitations for lower tier
<br />covered transactions exceeding the $25,000 threshold. 2 CFR
<br />180.220 and 180.300.
<br />h. A participant in a covered transaction may rely upon a
<br />certification of a prospective participant in a lower tier covered
<br />transaction that is not debarred, suspended, ineligible, or
<br />voluntarily excluded from the covered transaction, unless it
<br />knows that the certification is erroneous. 2 CFR 180.300;
<br />180.320, and 180.325. A participant is responsible for
<br />ensuring that its principals are not suspended, debarred, or
<br />otherwise ineligible to participate in covered transactions. 2
<br />CFR 180.335. To verify the eligibility of its principals, as well
<br />as the eligibility of any lower tier prospective participants, each
<br />participant may, but is not required to, check the System for
<br />Award Management website (https://www.sam.gov/). 2 CFR
<br />180.300, 180.320, and 180.325.
<br />i. Nothing contained in the foregoing shall be construed to
<br />require the establishment of a system of records in order to
<br />render in good faith the certification required by this clause.
<br />The knowledge and information of the prospective participant
<br />is not required to exceed that which is normally possessed by
<br />a prudent person in the ordinary course of business dealings.
<br />j. Except for transactions authorized under paragraph (f) of
<br />these instructions, if a participant in a covered transaction
<br />knowingly enters into a lower tier covered transaction with a
<br />person who is suspended, debarred, ineligible, or voluntarily
<br />excluded from participation in this transaction, in addition to
<br />other remedies available to the Federal Government, the
<br />department or agency may terminate this transaction for cause
<br />or default. 2 CFR 180.325.
<br />2. Certification Regarding Debarment, Suspension,
<br />Ineligibility and Voluntary Exclusion — First Tier
<br />Participants:
<br />a. The prospective first tier participant certifies to the best of
<br />its knowledge and belief, that it and its principals:
<br />(1) Are not presently debarred, suspended, proposed for
<br />debarment, declared ineligible, or voluntarily excluded from
<br />participating in covered transactions by any Federal
<br />department or agency, 2 CFR 180.335;.
<br />(2) Have not within a three-year period preceding this
<br />proposal been convicted of or had a civil judgment rendered
<br />against them for commission of fraud or a criminal offense in
<br />connection with obtaining, attempting to obtain, or performing
<br />a public (Federal, State, or local) transaction or contract under
<br />a public transaction; violation of Federal or State antitrust
<br />statutes or commission of embezzlement, theft, forgery,
<br />bribery, falsification or destruction of records, making false
<br />statements, or receiving stolen property, 2 CFR 180.800;
<br />(3) Are not presently indicted for or otherwise criminally or
<br />civilly charged by a governmental entity (Federal, State or
<br />local) with commission of any of the offenses enumerated in
<br />paragraph (a)(2) of this certification, 2 CFR 180.700 and
<br />180.800; and
<br />(4) Have not within a three-year period preceding this
<br />application/proposal had one or more public transactions
<br />(Federal, State or local) terminated for cause or default. 2
<br />CFR 180.335(d).
<br />(5) Are not a corporation that has been convicted of a felony
<br />violation under any Federal law within the two-year period
<br />preceding this proposal (USDOT Order 4200.6 implementing
<br />appropriations act requirements); and
<br />(6) Are not a corporation with any unpaid Federal tax liability
<br />that has been assessed, for which all judicial and
<br />administrative remedies have been exhausted, or have lapsed,
<br />and that is not being paid in a timely manner pursuant to an
<br />agreement with the authority responsible for collecting the tax
<br />liability (USDOT Order 4200.6 implementing appropriations act
<br />requirements).
<br />b. Where the prospective participant is unable to certify to
<br />any of the statements in this certification, such prospective
<br />participant should attach an explanation to this proposal. 2
<br />CFR 180.335 and 180.340.
<br />3. Instructions for Certification - Lower Tier Participants:
<br />(Applicable to all subcontracts, purchase orders, and other
<br />lower tier transactions requiring prior FHWA approval or
<br />estimated to cost $25,000 or more - 2 CFR Parts 180 and
<br />1200). 2 CFR 180.220 and 1200.220.
<br />a. By signing and submitting this proposal, the prospective
<br />lower tier participant is providing the certification set out below.
<br />b. The certification in this clause is a material representation
<br />of fact upon which reliance was placed when this transaction
<br />was entered into. If it is later determined that the prospective
<br />lower tier participant knowingly rendered an erroneous
<br />certification, in addition to other remedies available to the
<br />Federal Government, the department, or agency with which
<br />this transaction originated may pursue available remedies,
<br />including suspension and/or debarment.
<br />c. The prospective lower tier participant shall provide
<br />immediate written notice to the person to which this proposal is
<br />submitted if at any time the prospective lower tier participant
<br />learns that its certification was erroneous by reason of
<br />changed circumstances. 2 CFR 180.365.
<br />d. 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 />You may contact the person to which this proposal is
<br />City Council 18 — 52 12/20/2022
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