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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
<br />or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee
<br />of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
<br />cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
<br />Report Lobbying," in accordance with its instructions;
<br />3. The undersigned shall require that the language of this certification be included in the award documents for all
<br />sub -awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative
<br />agreements) and that all subrecipients shall certify and disclose accordingly.
<br />This certification is a material representation of fact upon which reliance was placed when this transaction was
<br />made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
<br />imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
<br />subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
<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
<br />legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative
<br />body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does
<br />not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with
<br />State or local legislative officials, in accordance with customary State practice, even if such communications urge
<br />legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
<br />CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
<br />(applies to all subrecipients as well as States)
<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
<br />out below 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
<br />participation in this covered transaction. The prospective primary tier participant shall submit an explanation of
<br />why it cannot provide the certification set out below. The certification or explanation will be considered in
<br />connection with the department or agency's determination whether to enter into this transaction. However,
<br />failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify
<br />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
<br />department or agency determined to enter into this transaction. If it is later determined that the prospective
<br />primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to
<br />the Federal Government, the department or agency may terminate this transaction for cause or default or may
<br />pursue suspension or debarment.
<br />4. The prospective primary tier participant shall provide immediate written notice to the department or agency to
<br />which this proposal is submitted if at any time the prospective primary tier participant learns its certification
<br />was erroneous when submitted or has become erroneous by reason of changed circumstances.
<br />5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant,
<br />person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and
<br />1200. You may contact the department or agency to which this proposal is being submitted for assistance
<br />in obtaining a copy of those regulations.
<br />6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered
<br />transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
<br />who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
<br />voluntarily excluded from participation in this covered transaction, unless authorized by the department or
<br />agency entering into this transaction.
<br />7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause
<br />titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment,
<br />Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," provided by the
<br />department or agency entering into this covered transaction, without modification, in all lower tier covered
<br />transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to
<br />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
<br />covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
<br />suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
<br />is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
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