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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
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