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EXHIBIT "C"
<br />Local Assistance Procedures Manual
<br />i. Except for transactions authorized under paragraph a 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 with
<br />which this transaction originated may pursue available remedies,
<br />including suspension and/or debarment. 2 CFR 180.325.
<br />Certification Regarding Debarment, Suspension, Ineligibility
<br />and Voluntary Exclusion --Lower Tier Participants:
<br />1. The prospective lower tier participant certifies, by submission of
<br />this proposal, that neither it nor its principals:
<br />(a) is presently debarred, suspended, proposed for debarment,
<br />declared ineligible, or voluntarily excluded from participating in
<br />covered transactions by any Federal department or agency, 2
<br />CFR 180.355;
<br />(b) is a corporation that has been convicted of a felony violation
<br />under any Federal law within the two-year period preceding this
<br />proposal (USDOT Order 4200.6 implementing appropriations act
<br />requirements); and
<br />(c) is a corporation with any unpaid Federal tax liability that has
<br />been assessed, for which all judicial and administrative remedies
<br />have been exhausted, or have lapsed, and that is not being paid
<br />in a timely manner pursuant to an agreement with the authority
<br />responsible for collecting the tax liability. (USDOT Order 4200.6
<br />implementing appropriations act requirements)
<br />2. Where the prospective lower tier 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.
<br />A. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
<br />FOR LOBBYING
<br />This provision is applicable to all Federal -aid construction contracts
<br />and to all related subcontracts which exceed $100,000. 49 CFR Part
<br />20, App. A.
<br />1. The prospective participant certifies, by signing and submitting this
<br />bid or proposal, to the best of his or her knowledge and belief, that:
<br />a. No Federal appropriated funds have been paid or will be paid, by
<br />or on behalf of the undersigned, to any person for influencing or
<br />attempting to influence an officer or employee of any Federal agency,
<br />a Member of Congress, an officer or employee of Congress, or an
<br />employee of a Member of Congress in connection with the awarding of
<br />any Federal contract, the making of any Federal grant, the making of
<br />any Federal loan, the entering into of any cooperative agreement, and
<br />the extension, continuation, renewal, amendment, or modification of
<br />any Federal contract, grant, loan, or cooperative agreement.
<br />b. If any funds other than Federal appropriated funds have been
<br />paid or will be paid to any person for influencing or attempting to
<br />influence an officer or employee of any Federal agency, a Member of
<br />Congress, an officer or employee of Congress, or an employee of a
<br />Member of Congress in connection with this Federal contract, grant,
<br />loan, or cooperative agreement, the undersigned shall complete and
<br />submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
<br />accordance with its instructions.
<br />Exhibit 12-G
<br />Required Federal -Aid Contract Language
<br />2. This certification is a material representation of fact upon which
<br />reliance was placed when this transaction was made or entered into.
<br />Submission of this certification is a prerequisite for making or
<br />entering into this transaction imposed by 31 U.S.C. 1352. Any person
<br />who fails to file the required certification shall be subject to a civil
<br />penalty of not less than $10,000 and not more than $100,000 for
<br />each such failure.
<br />3. The prospective participant also agrees by submitting its bid or
<br />proposal that the participant shall require that the language of this
<br />certification be included in all lower tier subcontracts, which exceed
<br />$100,000 and that all such recipients shall certify and disclose
<br />accordingly.
<br />XII. USE OF UNITED STATES -FLAG VESSELS:
<br />This provision is applicable to all Federal -aid construction contracts,
<br />design -build contracts, subcontracts, lower -tier subcontracts,
<br />purchase orders, lease agreements, or any other covered
<br />transaction. 46 CFR Part 381.
<br />This requirement applies to material or equipment that is acquired for
<br />a specific Federal -aid highway project 46 CFR 381.7. It is not
<br />applicable to goods or materials that come into inventories
<br />independent of an FHWA funded -contract.
<br />When oceanic shipments (or shipments across the Great Lakes) are
<br />necessary for materials or equipment acquired for a specific Federal -
<br />aid construction project, the bidder, proposer, contractor,
<br />subcontractor, or vendor agrees:
<br />1. To utilize privately owned United States -flag commercial vessels
<br />to ship at least 50 percent of the gross tonnage (computed
<br />separately for dry bulk carriers, dry cargo liners, and tankers)
<br />involved, whenever shipping any equipment, material, or
<br />commodities pursuant to this contract, to the extent such vessels are
<br />available at fair and reasonable rates for United States -flag
<br />commercial vessels. 46 CFR 381.7.
<br />2. To furnish within 20 days following the date of loading for
<br />shipments originating within the United States or within 30 working
<br />days following the date of loading for shipments originating outside
<br />the United States, a legible copy of a rated, 'on -board' commercial
<br />ocean bill -of -lading in English for each shipment of cargo described
<br />in paragraph (b)(1) of this section to both the Contracting Officer
<br />(through the prime contractor in the case of subcontractor bills -of -
<br />lading) and to the Office of Cargo and Commercial Sealift (MAR-
<br />620), Maritime Administration, Washington, DC 20590. (MARAD
<br />requires copies of the ocean carrier's (master) bills of lading, certified
<br />onboard, dated, with rates and charges. These bills of lading may
<br />contain business sensitive information and therefore may be
<br />submitted directly to MARAD by the Ocean Transportation
<br />Intermediary on behalf of the contractor). 46 CFR 381.7.
<br />Page 20 of 28
<br />August 2022
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