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EXHIBIT "C" <br />Local Assistance Procedures Manual <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 be <br />performed, or materials furnished or to be furnished, in connection <br />with the construction of any highway or related project approved <br />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, or <br />report submitted pursuant to provisions of the Federal -aid Roads <br />Act approved July 11, 1916, (39 Stat. 355), as amended and <br />supplemented; <br />Shall be fined under this title or imprisoned not more than 5 years <br />or both." <br />IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL <br />WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR <br />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 subcontracts. 48 <br />CFR 2.101; 2 CFR 200.326. <br />By submission of this bid/proposal or the execution of this contract <br />or subcontract, as appropriate, the bidder, proposer, Federal -aid <br />construction contractor, subcontractor, supplier, or vendor agrees <br />to comply with all applicable standards, orders or regulations <br />issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and <br />the Federal Water Pollution Control Act, as amended (33 U.S.C. <br />1251-1387). Violations must be reported to the Federal Highway <br />Administration and the Regional Office of the Environmental <br />Protection Agency. 2 CFR Part 200, 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 direct <br />as a means of enforcing such requirements. 2 CFR 200.326. <br />X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, <br />INELIGIBILITY AND VOLUNTARY 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 defined <br />in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. <br />1. Instructions for Certification — First Tier Participants: <br />a. By signing and submitting this proposal, the prospective first <br />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 set <br />out below. The certification or explanation will be considered in <br />connection with the department or agency's determination whether <br />to enter into this transaction. However, failure of the prospective <br />first tier participant to furnish a certification or an explanation shall <br />disqualify such a person from participation in this transaction. 2 <br />CFR 180.320. <br />Exhibit 12-G <br />Required Federal -Aid Contract Language <br />c. The certification in this clause is a material representation of fact <br />upon which reliance was placed when the contracting agency <br />determined to enter into this transaction. If it is later determined that the <br />prospective participant knowingly rendered an erroneous certification, in <br />addition to other remedies available to the Federal Government, the <br />contracting agency may terminate this transaction for cause of default. 2 <br />CFR 180.325. <br />d. The prospective first tier participant shall provide immediate written <br />notice to the contracting agency to whom this proposal is submitted if <br />any time the prospective first tier participant learns that its certification <br />was erroneous when submitted or has become erroneous by reason of <br />changed circumstances. 2 CFR 180.345 and 180.350. <br />e. The terms "covered transaction," "debarred," "suspended," <br />"ineligible," "participant," "person," "principal," and "voluntarily excluded," <br />as used in this clause, are defined in 2 CFR Parts 180, Subpart I, <br />180.900-180.1020, and 1200. "First Tier Covered Transactions' refers to <br />any covered transaction between a recipient or subrecipient of Federal <br />funds and a participant (such as the prime or general contract). "Lower <br />Tier Covered Transactions" refers to any covered transaction under a <br />First Tier Covered Transaction (such as subcontracts). "First Tier <br />Participant" refers to the participant who has entered into a covered <br />transaction with a recipient or subrecipient of Federal funds (such as the <br />prime or general contractor). "Lower Tier Participant" refers any <br />participant who has entered into a covered transaction with a First Tier <br />Participant or other Lower Tier Participants (such as subcontractors and <br />suppliers). <br />f. The prospective first tier participant agrees by submitting this <br />proposal that, should the proposed covered transaction be entered into, <br />it shall not knowingly enter into any lower tier covered transaction with a <br />person who is debarred, suspended, declared ineligible, or voluntarily <br />excluded from participation in this covered transaction, unless authorized <br />by the department or agency entering into this transaction. 2 CFR <br />180.330. <br />g. The prospective first tier participant further agrees by submitting this <br />proposal that it will include the clause titled "Certification Regarding <br />Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier <br />Covered Transactions," provided by the department or contracting <br />agency, entering into this covered transaction, without modification, in all <br />lower tier covered transactions and in all solicitations for lower tier <br />covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 <br />and 180.300. <br />h. A participant in a covered transaction may rely upon a certification <br />of a prospective participant in a lower tier covered transaction that is not <br />debarred, suspended, ineligible, or voluntarily excluded from the covered <br />transaction, unless it knows that the certification is erroneous. 2 CFR <br />180.300; 180.320, and 180.325. A participant is responsible for ensuring <br />that its principals are not suspended, debarred, or otherwise ineligible to <br />participate in covered transactions. 2 CFR 180.335. To verify the <br />eligibility of its principals, as well as the eligibility of any lower tier <br />prospective participants, each participant may, but is not required to, <br />check the System for Award Management website <br />(htt;:,s://www.sam.c:ovi). 2 CFR 180.300, 180.320, and 180.325. <br />i. Nothing contained in the foregoing shall be construed to require the <br />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 <br />the prospective participant is not required to exceed that which is <br />normally possessed by a prudent person in the ordinary course of <br />business dealings. <br />Page 18 of 28 <br />August 2022 <br />