|
City # 15-6830
<br />FED # HSIPL 5063(154)
<br />Local Assistance Procedures Manual Exhibit 12-G
<br />Required Federal -aid Contract Language
<br />where it is readily available to all persons concerned with the
<br />project:
<br />18 U.S.C. 1020 reads as follows:
<br />"Whoever, being an officer, agent, or employee of the United
<br />States, or of any State or Territory, or whoever, whether a person,
<br />association, firm, or corporation, knowingly makes any false
<br />statement, false representation, or false report as to the character,
<br />quality, quantity, or cost of the material used or to be used, or the
<br />quantity or quality of the work performed or to be performed, or the
<br />cost thereof in connection with the submission of plans, maps,
<br />specifications, contracts, or costs of construction on any highway or
<br />related project submitted for approval to the Secretary of
<br />Transportation; or
<br />Whoever knowingly makes any false statement, false
<br />representation, false report or false claim with respect to the
<br />character, quality, quantity, or cost of any work performed or to be
<br />performed, or materials furnished or to be furnished, in connection
<br />with the construction of any highway or related project approved by
<br />the Secretary of Transportation; or
<br />Whoever knowingly makes any false statement or false
<br />representation as to material fact in any statement, certificate, or
<br />report submitted pursuant to provisions of the Federal -aid Roads Act
<br />approved July 1, 1916, (39 Stat. 355), as amended and
<br />supplemented;
<br />Shall be fined under this title or imprisoned not more than 5 years
<br />or both."
<br />IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
<br />WATER POLLUTION CONTROL ACT
<br />This provision is applicable to all Federal -aid construction contracts
<br />and to all related subcontracts.
<br />By submission of this bid/proposal or the execution of this contract,
<br />or subcontract, as appropriate, the bidder, proposer, Federal -aid
<br />construction contractor, or subcontractor, as appropriate, will be
<br />deemed to have stipulated as follows:
<br />1. That any person who is or will be utilized in the performance of
<br />this contract is not prohibited from receiving an award due to a
<br />violation of Section 508 of the Clean Water Act or Section 306 of the
<br />Clean Air Act.
<br />2. That the contractor agrees to include or cause to be included the
<br />requirements of paragraph (1) of this Section X in every subcontract,
<br />and further agrees to take such action as the contracting agency
<br />may direct as a means of enforcing such requirements.
<br />X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
<br />INELIGIBILITY AND VOLUNTARY EXCLUSION
<br />This provision is applicable to all Federal -aid construction contracts,
<br />design -build contracts, subcontracts, lower -tier subcontracts,
<br />purchase orders, lease agreements, consultant contracts or any
<br />other covered transaction requiring FHWA approval or that is
<br />estimated to cost $25,000 or more — as defined in 2 CFR Parts 180
<br />and 1200.
<br />1. Instructions for Certification — First Tier Participants
<br />a. By signing and submitting this proposal, the prospective first
<br />tier participant is providing the certification set out below.
<br />DLA -OB 13-06
<br />b. The inability of a person to provide the certification set out
<br />below will not necessarily result in denial of participation in this
<br />covered transaction. The prospective first tier participant shall
<br />submit an explanation of why it cannot provide the certification set
<br />out below. The certification or explanation will be considered in
<br />connection with the department or agency's determination whether
<br />to enter into this transaction. However, failure of the prospective first
<br />tier participant to furnish a certification or an explanation shall
<br />disqualify such a person from participation in this transaction.
<br />c. The certification in this clause is a material representation of
<br />fact upon which reliance was placed when the contracting agency
<br />determined to enter into this transaction. If it is later determined that
<br />the prospective participant knowingly rendered an erroneous
<br />certification, in addition to other remedies available to the Federal
<br />Government, the contracting agency may terminate this transaction
<br />for cause of default.
<br />d. The prospective first tier participant shall provide immediate
<br />written notice to the contracting agency to whom this proposal is
<br />submitted if any time the prospective first tier participant learns that
<br />its certification was erroneous when submitted or has become
<br />erroneous by reason of changed circumstances.
<br />e. The terms "covered transaction," "debarred," "suspended,"
<br />"ineligible; "'participant," "person," "principal;' and "voluntarily
<br />excluded," as used in this clause, are defined in 2 CFR Parts 180
<br />and 1200. "First Tier Covered Transactions' refers to any covered
<br />transaction between a grantee or subgrantee of Federal funds and a
<br />participant (such as the prime or general contract). "Lower Tier
<br />Covered Transactions" refers to any covered transaction under a
<br />First Tier Covered Transaction (such as subcontracts). "First Tier
<br />Participant" refers to the participant who has entered into a covered
<br />transaction with a grantee or subgrantee of Federal funds (such as
<br />the prime or general contractor). "Lower Tier Participant" refers any
<br />participant who has entered into a covered transaction with a First
<br />Tier Participant or other Lower Tier Participants (such as
<br />subcontractors and suppliers).
<br />f. The prospective first tier participant agrees by submitting this
<br />proposal that, should the proposed covered transaction be entered
<br />into, it shall not knowingly enter into any lower tier covered
<br />transaction with a person who is debarred, suspended, declared
<br />ineligible, or voluntarily excluded from participation in this covered
<br />transaction, unless authorized by the department or agency entering
<br />into this transaction.
<br />g. The prospective first tier participant further agrees by
<br />submitting this proposal that it will include the clause titled
<br />"Certification Regarding Debarment, Suspension, Ineligibility and
<br />Voluntary Exclusion -Lower Tier Covered Transactions," provided by
<br />the department or contracting agency, entering into this covered
<br />transaction, without modification, in all lower tier covered
<br />transactions and in all solicitations for lower tier covered
<br />transactions exceeding the $25,000 threshold.
<br />h. A participant in a covered transaction may rely upon a
<br />certification of a prospective participant in a lower tier covered
<br />transaction that is not debarred, suspended, ineligible, or voluntarily
<br />excluded from the covered transaction, unless it knows that the
<br />certification is erroneous. A participant is responsible for ensuring
<br />that its principals are not suspended, debarred, or otherwise
<br />ineligible to participate in covered transactions. To verify the
<br />eligibility of its principals, as well as the eligibility of any lower tier
<br />prospective participants, each participant may, but is not required to,
<br />check the Excluded Parties List System website
<br />https://www.eols.eov/), which is compiled by the General Services
<br />Administration.
<br />1. Nothing contained in the foregoing shall be construed to require
<br />the establishment of a system of records in order to render in good
<br />faith the certification required by this clause. The knowledge and
<br />Page 15 of 22
<br />August 12, 2013
<br />
|