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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 />