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Local Assistance Procedures Manual
<br />EXHIBIT "C"
<br />Exhibit 12-G
<br />j. Except for transactions authorized under paragraph (f) of these
<br />instructions, if a participant in a covered transaction knowingly
<br />enters into a lower tier covered transaction with a person who is
<br />suspended, debarred, ineligible, or voluntarily excluded from
<br />participation in this transaction, in addition to other remedies
<br />available to the Federal Government, the department or agency
<br />may terminate this transaction for cause or default. 2 CFR 180.325.
<br />2. Certification Regarding Debarment, Suspension, Ineligibility
<br />and Voluntary Exclusion — First Tier Participants:
<br />a. The prospective first tier participant certifies to the best of its
<br />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 department
<br />or agency, 2 CFR 180.335;.
<br />(2) Have not within a three-year period preceding this proposal
<br />been convicted of or had a civil judgment rendered against them
<br />for commission of fraud or a criminal offense in connection with
<br />obtaining, attempting to obtain, or performing a public (Federal,
<br />State, or local) transaction or contract under a public transaction;
<br />violation of Federal or State antitrust statutes or commission of
<br />embezzlement, theft, forgery, bribery, falsification or destruction
<br />of records, making false statements, or receiving stolen property,
<br />2 CFR 180.800;
<br />(3) Are not presently indicted for or otherwise criminally or civilly
<br />charged by a governmental entity (Federal, State or local) with
<br />commission of any of the offenses enumerated in paragraph
<br />(a)(2) of this certification, 2 CFR 180.700 and 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 CFR
<br />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 that
<br />has been assessed, for which all judicial and administrative
<br />remedies have been exhausted, or have lapsed, and that is not
<br />being paid in a timely manner pursuant to an agreement with the
<br />authority responsible for collecting the tax liability (USDOT Order
<br />4200.6 implementing appropriations act requirements).
<br />b. Where the prospective participant is unable to certify to any of
<br />the statements in this certification, such prospective participant
<br />should attach an explanation to this proposal. 2 CFR 180.335 and
<br />180.340.
<br />3. Instructions for Certification - Lower Tier Participants:
<br />(Applicable to all subcontracts, purchase orders, and other lower tier
<br />transactions requiring prior FHWA approval or estimated to cost
<br />$25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and
<br />1200.220.
<br />a. By signing and submitting this proposal, the prospective lower tier
<br />participant is providing the certification set out below.
<br />Required Federal -Aid Contract Language
<br />b. The certification in this clause is a material representation of fact
<br />upon which reliance was placed when this transaction was entered
<br />into. If it is later determined that the prospective lower tier participant
<br />knowingly rendered an erroneous certification, in addition to other
<br />remedies available to the Federal Government, the department, or
<br />agency with which this transaction originated may pursue available
<br />remedies, including suspension and/or debarment.
<br />c. The prospective lower tier participant shall provide immediate
<br />written notice to the person to which this proposal is submitted if at
<br />any time the prospective lower tier participant learns that its
<br />certification was erroneous by reason of changed circumstances. 2
<br />CFR 180.365.
<br />d. The terms "covered transaction," "debarred," "suspended,"
<br />"ineligible," "participant," "person," "principal," and "voluntarily
<br />excluded," as used in this clause, are defined in 2 CFR Parts 180,
<br />Subpart I, 180.900 — 180.1020, and 1200. You may contact the
<br />person to which this proposal is submitted for assistance in obtaining
<br />a copy of those regulations. "First Tier Covered Transactions" refers
<br />to any covered transaction between a recipient or subrecipient of
<br />Federal funds and a participant (such as the prime or general
<br />contract). "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 who has
<br />entered into a covered transaction with a recipient or subrecipient of
<br />Federal funds (such as the prime or general contractor). "Lower Tier
<br />Participant" refers any participant who has entered into a covered
<br />transaction with a First Tier Participant or other Lower Tier
<br />Participants (such as subcontractors and suppliers).
<br />e. The prospective lower tier participant agrees by submitting this
<br />proposal that, should the proposed covered transaction be entered
<br />into, it shall not knowingly enter into any lower tier covered
<br />transaction with a person who is debarred, suspended, declared
<br />ineligible, or voluntarily excluded from participation in this covered
<br />transaction, unless authorized by the department or agency with
<br />which this transaction originated. 2 CFR 1200.220 and 1200.332.
<br />f. The prospective lower tier participant further agrees by
<br />submitting this proposal that it will include this clause titled
<br />"Certification Regarding Debarment, Suspension, Ineligibility and
<br />Voluntary Exclusion -Lower Tier Covered Transaction," without
<br />modification, in all lower tier covered transactions and in all
<br />solicitations for lower tier covered transactions exceeding the
<br />$25,000 threshold. 2 CFR 180.220 and 1200.220.
<br />g. 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 voluntarily
<br />excluded from the covered transaction, unless it knows that the
<br />certification is erroneous. A participant is responsible for ensuring
<br />that its principals are not suspended, debarred, or otherwise
<br />ineligible to participate in covered transactions. To verify the eligibility
<br />of its principals, as well as the eligibility of any lower tier prospective
<br />participants, each participant may, but is not required to, check the
<br />System for Award Management website (httr)s://www.sam.00v/),
<br />which is compiled by the General Services Administration. 2 CFR
<br />180.300, 180.320, 180.330, and 180.335.
<br />h. Nothing contained in the foregoing shall be construed to require
<br />establishment of a system of records in order to render in good faith
<br />the certification required by this clause. The knowledge and
<br />information of 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 19 of 28
<br />August 2022
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