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1. Nothing contained In the foregoing shall be construed to
<br />require the establishment ofs system of records in order to
<br />render in good faith the ceNfication required by this clause.
<br />The knowledge and Intonation of the prospective participant
<br />is not required to exceed that which Is normally possessed by
<br />a prudent person in the ordinary course of business dealings.
<br />j. Except for transactions authorized under paragraph (f) of
<br />these instructions, if a participant in a covered transaction
<br />knowingly enters Into a lower tier covered transaction with a
<br />person who Is suspended, debarred, ineligible, or voluntarily
<br />excluded from participation in this transaction, in addition to
<br />other remedies available to the Federal Government, the
<br />department or agency may terminate this transaction for cause
<br />or default.
<br />2. Certification, Regarding Wbarment, Suspension,
<br />Ineligibility and Voluntary Exclusion — First Tier
<br />Participants:
<br />a, The prospectivefirst tier participant certifies to the best of
<br />its knowledge and belief, that It and its principals:
<br />(1) Are not presently debarred, suspended, proposed for
<br />debarment, declared ineligible, orvoluntarily excluded from
<br />participating in covered transactions by any Federal
<br />department or agency;
<br />(2) Have not within a three-year period preceding this
<br />proposal been convicted of or had a civil judgment rendered
<br />against them for commission of fraud or a criminal offense in
<br />connection with obtaining, attempting to obtain, or performing
<br />a public (Federal, State or local) transaction or contract under
<br />a public transaction; violation of Federal or State anfitru rt
<br />statutes or commission of embezzlement. theft, forgery,
<br />bribery, falsification or destruction of records, making false
<br />statements, or receiving stolen property;
<br />(3) Are not presently indicted for or otherwise criminally or
<br />civilly charged by a govemmenlal entity (Federal, Stale or
<br />local) with commission of any of the offenses enumerated in
<br />paragraph (a)(2) of this certification; and
<br />(4) Have not within a. three-year period preceding this
<br />applicationlprcposal had one or more public transactions
<br />(Federal, State or local) terminated for muse or default.
<br />b. Where the prospective participant is unable to certify to
<br />any of the statements in this certification, such prospective
<br />participant shall attach an explanation to this proposal.
<br />2. Instructions for Certification - Lower Tier Participants:
<br />(Applicable to all subcontracts, purchase orders and other
<br />lower tier transacrions requiring prior FHWA approval or
<br />estimated to cost $25,000 or more - 2 CFR Pans 160 and
<br />1200)
<br />a, By signing and submitting this proposal, the prospective
<br />lower tier is providing the certification set out below.
<br />h. The certification in this clause is a material representation
<br />of fact upon which reliance was placed when this transaction
<br />Was entered Into. If it is later determined that the prospective
<br />lower tier participant knowingly rendered an erroneous
<br />certification, in addition to other remedies available Id the
<br />Federal Government, the department, or agency with which
<br />SGi
<br />this transaction originated may pursue available remedies,
<br />including suspension and/or debarment.
<br />c. The prospective. lower tier participant shall provide
<br />immediate written notice to the person to which this proposal Is
<br />submitted If at any time the prospective lower tier participant
<br />teams that Its certification was erroneous by reason of
<br />changed circumstances.
<br />d. The terms "covered transaction," "debarred,"
<br />"suspended," "ineligible," "participant," "person," "principal,"
<br />and "voluntarily excluded," as used in this clause; are defined
<br />in 2 CFR Parts 180 and 1200. You may contact the person to
<br />which this proposal Is submitted for assistance in obtaining a
<br />copy of those regulations. 'First Tier Covered Transactions
<br />'refers to any covered transaction between a grantee or
<br />subgrantee of Federal funds and a participant (such as the
<br />prime or general contract). 'Lmver Tier Covered Transections'
<br />refers to any covered transaction under a First Tier Covered
<br />Transaction (such as subcontracts). 'First'ler Participant'
<br />refers to the participant who has entered Into a covered
<br />transaction with a grantee or subgrantee of Federal funds
<br />(such as the prime or general contractor). "Lower Tier
<br />Participant' refers any participant who has entered Into a
<br />covered transaction with a First Tier Participant er other Lower
<br />Tier Participants (such as subcontractors and suppliers).
<br />e. The prospective lower tier participant agrees by
<br />submitting this proposal that, should the proposed covered
<br />transaction be entered into, it shall not knowingly enter into
<br />any lower tier covered transaction with a person who is
<br />debarred, suspended, declared ineligible, or voluntarily
<br />excluded from participation in this covered transaction, unless
<br />authorized by the department or agency with which this
<br />transaction originated.
<br />f. The prospective Inver tier participant further agrees by
<br />submitting thisproposalthat it will include this clause titled
<br />"Carlificalion Regarding [Debarment, Suspension, Ineligibility
<br />and Voluntary Exclusion -Lower Tier Covered Transaction,"
<br />without modification, In all lower tier covered transactions and
<br />in all solicitations for lower tier covered. transactions exceeding
<br />the $25,000 threshold.
<br />g. A participant In a covered transaction may rely upon a
<br />certification of a prospective participant Ina 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 website(htlosa7www.e I>r s eovn, which is
<br />compiled by the General Services Administration.
<br />h. Nothing contained in the foregoing shall be construed to
<br />require establishment of a system of records in order to render
<br />In good faith the certification required by this clause. The
<br />knowledge and information of participant is not required to
<br />exceed that which is normally possessed by a prudent person
<br />in the ordinary course of business dealings.
<br />I. Except for transactions authorized under paragraph a of
<br />these Instructions, if a participant in a covered transaction
<br />knowingly entem into a lower tier covered transaction with a
<br />person who is suspended, debarred, Ineligible, or voluntarily
<br />excluded from participation in this transaction, in addition to
<br />other remedies available to the Federal Government the
<br />23A-36
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