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"Whoever, being an officer, agent, or employee of the United <br />States, or of any Slate or Territory, or whoever, whether <br />person, association, firm, or corporation, knowingly. makes any <br />false statement, false representation, or false report as to the <br />character, quality, quantity, or cost of the material used or to <br />be used, or the quantity, or quality of the work performed or to <br />be performed, or the cost thereof in connection with the <br />submission of plans, maps, specifications, contracts, or costs <br />of construction on any highway or related project submitted for <br />approval to the Secretary of Transportation; or <br />Whoever knowingly makes any false statement, false <br />representation, false report or false daim with respect to the <br />character, quality, quantity, or cost of any work performed or to <br />be performed, or materials fumished or to be fumished, in <br />connection with the construction of any highway or related <br />project approved by the Secretary of Transportation; or <br />Whoever knowingly makes arly false statement or false <br />representation as to materialfact tri any statement, certificate.. <br />or report submitted pursuant to provisions at the Federal -aid <br />Roads Act approved July 1, 1916, (39 Stet. 355), as amended <br />and. supplemented; <br />Shall be fined under this title or imprisoned not more than 5 <br />years or both." <br />IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL <br />WATER POLLUTION CONTROL ACT <br />This provisionis applicable to all Federal -aid construction <br />contracts and to all related subcontracts. <br />By submission of this bid/proposal or the execution of this <br />contract, or subcontract, as zppropriate, the bidder; proposer. <br />Federal -aid construction contractor, or subcontractor,as <br />appropriate, will be deemed to have stipulated as follows:. <br />1. That any.person who Is orwill be utilized in the <br />performance of this contract Is not prohibited from receiving an <br />award due to a violation of Section 508 of the Clean Water Act <br />or Section 306 of the Clean Air Ad. <br />2. That the contractor agrees to Include or rause to be <br />Included the.requirements of paragraph (1) of this Section X In <br />every subcontract, and further agrees to take such action as <br />the contracting agency may direct as a means of enforcing <br />such requirements. <br />X. CERTIFICATION REGARDING DEBARMENT,. <br />SUSPENSION, INELIGIBILITY AND VOLUNTARY <br />EXCLUSION. <br />This provision is applicable to all Federal -aid construction <br />contracts, design -build contracts, subcontracts, lower -tier <br />subcontracts, purchase orders. lease agreements,. consultant <br />'.contracts or any other covered transaction_ requiring FHWA <br />approval or that is estimated to cost $25,000 or more— as <br />defined In 2 CFR Parts 180 and 1200. <br />1. instructions for Certification — First Tier Participants: <br />a.. By signing and submitting this proposal, the prospective <br />first tier participant is providing the certification set out below. <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 prospedive.firstlier participant shall <br />submit an explanation of why it cannot providethecertification <br />setoul below. The certification or explanation will be <br />considered'in connection with the department or agency's <br />determination whether to enter into this transaction. However, <br />failure of the prospective first ter participant to fumish a <br />certification or an explanation shall disqualify such a person <br />from participation in this transaction. <br />c. The certification In this clause is a material representation <br />of fad upon which reliance was placed when the contracting <br />agency determined to enterbno this transaction. if it Is later <br />determined that the prospective participant knowingly rendered <br />an erroneous certification, in addition to other remedies <br />available to the Federal Government, the contracting agency <br />may terminate this transaction for cause of default. <br />d. The prospective first tierpargcipanl shall provide <br />immediate written notice to the contracting agency to whom <br />this proposal is submitted O any time the prospective first tier <br />participant learns that Its certification was. erroneous when <br />submitted or has become erroneous by reason of changed <br />circumstances.. <br />e. The terms "covered transaction;" "debarred," <br />"suspended; "'ineligible," "participant," "person," 'principal," <br />and "voluntarily excluded," as used In this clause, am defined <br />in 2 CFR Parts 180 and 1200. °First Tier Covered <br />Transactions" refers to any covered transactionbetween a <br />grantee or subgrantee of Federal funds and -a participant (such <br />as the prime or general contract). "Lower Tier Covered <br />Transactions" raters to any covered transaction under a First <br />Tier Covered Transaction (such as subcontracts). "First Tier <br />PaNcipant" refers to the participant who has entered into.a <br />covered transaction with a grantee or subgrantee of Federal <br />funds (such as the prime or general contractor). "Lower Tier <br />Participant" refers any participant who has entered Into a <br />covered transaction with a Fast Tier Participant or other Lower <br />'nee Participants (such as subcontractors and suppliers). <br />L The prospective first tier participant agrees by submitting <br />this proposal that, should the proposed covered transaclfon be <br />entered into,. it shalt not knowingly enter Into any lower tier <br />covered transaction with a person who is debarred, <br />suspended, declared Ineligible, or voluntarily excluded from <br />participation in this covered transaction, unless authorized by <br />the department or agency entering 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 <br />and Voluntary Exclusion -Lower Tier Covered Transactions," <br />provided by the department or contracting agency, entering <br />into this covered transaction, without modification, in all lower <br />tier covered transactions and in all solicitations for lower bar <br />covered transactions exceeding the $25,000 threshold. <br />h. A participant in a.covemd 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 <br />voluntarily excluded from the covered transaction, unless it <br />knows that the certification is erroneous. A participant Is <br />responsible for ensuring that its principals are not suspended, <br />debarred, or otherwise ineligible to participate in covered <br />transactions. To verify the eligibility of its principals, as well as. <br />the eligibility of any lower tier prospective participants, each <br />participant may, but is not required to, check the Excluded <br />Parties List System webslle hIfs9twww.riols.00vA, which is <br />compiled by the General Services Administration: <br />23A-35 <br />