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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
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