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<br />This certification is a material representation of fact upon which reliance was placed when this transaction was made or
<br />entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section
<br />1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less
<br />than $10,000 and not more than $100,000 for each such failure.
<br />
<br />RESTRICTION ON STATE LOBBYING
<br />(applies to subrecipients as well as States)
<br />None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator
<br />to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities
<br /> official
<br />whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in
<br />accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a
<br />specific pending legislative proposal.
<br />
<br />CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
<br />(applies to all subrecipients as well as States)
<br />
<br />INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
<br />1.By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below
<br />and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
<br />2.The inability of a person to provide the certification required below will not necessarily result in denial of participation in
<br />this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the
<br />certification set out below. The certification or explanation will be considered in connection with the department or
<br />agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant
<br />to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
<br />3.The certification in this clause is a material representation of fact upon which reliance was placed when the department or
<br />agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant
<br />knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
<br />department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
<br />4.The prospective primary tier participant shall provide immediate written notice to the department or agency to which
<br />this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous
<br />when submitted or has become erroneous by reason of changed circumstances.
<br />5.The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal,
<br />and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the
<br />department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
<br />6.The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction
<br />be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for
<br />debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
<br />participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
<br />7.The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled
<br />Ineligibility and Voluntary Exclusion Lower Tier Covered provided by the department or agency entering
<br />into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower
<br />tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
<br />8.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
<br />transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or
<br />voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is
<br />responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered
<br />transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants,
<br />each participant may, but is not required to, check the System for Award Management Exclusions website
<br />(https://www.sam.gov/).
<br />9.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
<br />good faith the certification required by this clause. The knowledge and information of a participant is not required to
<br />exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
<br />10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction
<br />knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9,
<br />subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to
<br />other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or
<br />default.
<br />CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
<br />PRIMARY TIER COVERED TRANSACTIONS
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