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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 <br />