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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 /> 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 /> include both direct and indirect(e.g.,"grassroots")lobbying activities,with one exception.This does not preclude a State 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 /> 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 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 /> "Instructions for Lower Tier Participant Certification"including the"Certification Regarding Debarment,Suspension,
<br /> Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"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.2ov/).
<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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