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Local Assistance Procedures Manual <br />information of the prospective participant is not required to exceed <br />that which is normally possessed by a prudent person in the <br />ordinary course of business dealings. <br />j. Except for transactions authorized under paragraph (t) of these <br />instructions, if a participant in a covered transaction knowingly <br />enters into a lower tier covered transaction with a person who is <br />suspended, debarred, ineligible, or voluntarily excluded from <br />participation in this transaction, in addition to other remedies <br />available to the Federal Government, the department or agency may <br />terminale this transaction for cause or default. <br />2. Certification Regarding Debarment, Suspension, Ineligibility <br />and Voluntary Exclusion — First Tier Participants: <br />a. The prospective first tier participant certifies to the best of its <br />knowledge and belief, that it and its principals: <br />(1) Are not presently debarred, suspended, proposed for <br />debarment, declared ineligible, or voluntarily excluded from <br />participating in covered transactions by any Federal department or <br />agency; <br />(2) Have not within a three-year period preceding this proposal <br />been convicted of or had a civil judgment rendered against them for <br />commission of fraud or a criminal offense in connection with <br />obtaining, attempting to obtain, or performing a public (Federal, <br />State or local) transaction or contract under a public transaction; <br />violation of Federal or State antitrust statutes or commission of <br />embezzlement, theft, forgery, bribery, falsification or destruction of <br />records, making false statements, or receiving stolen property; <br />(3) Are not presently indicted for or otherwise criminally or civilly <br />charged by a governmental entity (Federal, State or local) with <br />commission of any of the offenses enumerated in paragraph (a)(2) <br />of this certification; and <br />(4) Have not within a three-year period preceding this <br />application/proposal had one or more public transactions (Federal, <br />State or local) terminated for cause or default. <br />b. Where the prospective participant is unable to certify to any of <br />the statements in this certification, such prospective participant shall <br />attach an explanation to this proposal. <br />2. Instructions for Certification - Lower Tier Participants: <br />(Applicable to all subcontracts, purchase orders and other lower tier <br />transactions requiring prior FHWA approval or estimated to cost <br />$25,000 or more - 2 CFR Parts 180 and 1200) <br />a. By signing and submitting this proposal, the prospective lower <br />tier is providing the certification set out below. <br />b. The certification in this clause is a material representation of <br />fact upon which reliance was placed when this transaction was <br />entered into. If it is later determined that the prospective lower tier <br />participant knowingly rendered an erroneous certification, in addition <br />to other remedies available to the Federal Government, the <br />department, or agency with which this transaction originated may <br />pursue available remedies, including suspension and/or debarment. <br />c. The prospective lower tier participant shall provide immediate <br />written notice to the person to which this proposal is submitted if at <br />any time the prospective lower tier participant learns that its <br />certification was erroneous by reason of changed circumstances. <br />d. 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 />City # 15-6830 <br />FED # HSIPL 5063(154) <br />Exhibit 12-G <br />Required Federal -aid Contract Language <br />and 1200. You may contact the person to which this proposal is <br />submitted for assistance in obtaining a copy of those regulations. <br />"First Tier Covered Transactions" refers to any covered transaction <br />between a grantee or subgrantee of Federal funds and a participant <br />(such as the prime or general contract). "Lower Tier Covered <br />Transactions' refers to any covered transaction under a First Tier <br />Covered Transaction (such as subcontracts). "First Tier Participant' <br />refers to the participant who has entered into a covered transaction <br />with a grantee or subgrantee of Federal funds (such as the prime or <br />general contractor). "Lower Tier Participant" refers any participant <br />who has entered into a covered transaction with a First Tier <br />Participant or other Lower Tier Participants (such as subcontractors <br />and suppliers). <br />e. The prospective lower 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 with <br />which this transaction originated. <br />f. The prospective lower tier participant further agrees by <br />submitting this proposal that it will include this clause titled <br />"Certification Regarding Debarment, Suspension, Ineligibility and <br />Voluntary Exclusion -Lower Tier Covered Transaction," without <br />modification, in all lower tier covered transactions and in all <br />solicitations for lower tier covered transactions exceeding the <br />$25,000 threshold. <br />g. 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.epls.gov/), which is compiled by the General Services <br />Administration. <br />h. Nothing contained in the foregoing shall be construed to require <br />establishment of a system of records in order to render in good faith <br />the certification required by this clause. The knowledge and <br />information of participant is not required to exceed that which is <br />normally possessed by a prudent person in the ordinary course of <br />business dealings. <br />i. Except for transactions authorized under paragraph a of these <br />instructions, if a participant in a covered transaction knowingly <br />enters into a lower tier covered transaction with a person who is <br />suspended, debarred, ineligible, or voluntarily excluded from <br />participation in this transaction, in addition to other remedies <br />available to the Federal Government, the department or agency with <br />which this transaction originated may pursue available remedies, <br />including suspension and/or debarment. <br />Certification Regarding Debarment, Suspension, Ineligibility <br />and Voluntary Exclusion --Lower Tier Participants: <br />1. The prospective lower tier participant certifies, by submission of <br />this proposal, that neither it nor its principals is presently debarred, <br />suspended, proposed for debarment, declared ineligible, or <br />voluntarily excluded from participating in covered transactions by <br />any Federal department or agency. <br />Page 16 of 22 <br />DLA -OB 13-06 August 12, 2013 <br />