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Local Assistance Procedures Manual
<br />PS&E Checklist Instructions
<br />"Whoever, being an officer, agent, or employee of the United
<br />States, or of any Stab or Territory, or whoever, Mather a
<br />person, assoclaiion, firm, or corporation, knowingly makes my
<br />false sttaternK ;false representation, or false report as to the
<br />characterr quality, quantity, or cost of the malarial used or to
<br />be used, or the quantity or quality of Iha work performed o to
<br />Le performaA or the cost thereof h connection with the
<br />submission of plans, maps, specifications, wnkacts,. or costs
<br />of const uctioa on any highway or related protect submitted for
<br />approval to the Serretagr of 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 workperformed or to
<br />be performed, or materials famished or to be Nmishad, In
<br />connection with the construction of any highway or related
<br />project approved by the Secretary of Transportation; or
<br />Whoever knowingly makes any false statement or false
<br />representation as to material fact linany statement cedincate,
<br />or report submitted pursuant to provisions of the Federal -aid
<br />Loads Act approved July 1, 1916, (39 Stat 355), as amended
<br />and suppleme tad;
<br />Shall be fined under this the or imprisoned not more than 5
<br />years orboflv."
<br />IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
<br />WATER, POLLUTION'. CONTROL ACT
<br />This provision is applicable to all Federal -aid construction
<br />contracts and to all related subcontracts.
<br />By submission of this bolproposal or the execution of this
<br />contract, or subconhact, as appropriate, the bidder, proposer,
<br />Federal -aid construction contractor, or subcontractor, as
<br />appropriate, writ be deemed to have stipulated: as fellows:
<br />1. That any person who is or will be utilized in the
<br />performance of this contract is not prohibited from receiving an
<br />award due to a, violation of Section 509 of the Clean Water Act
<br />or Section 306 of the Clean AirAct
<br />2. That the contractor agrees to include or cause to be
<br />included the requirements of paragraph (1) of this Section X in
<br />every subcuntract, and furtheragrees 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 100 and 12oa
<br />1. Instructions for Certification —First Tier Participants:
<br />a. By signing and submitting this proposal, Me prospective
<br />first tier participant is providing the certification set out below.
<br />b. The inability of a person to provide the cer ithation set out
<br />below will not necessarily result in dental of participation in this
<br />OB 12-05
<br />EXHIBIT 12-E
<br />Attachment B
<br />covered transaction. The prospective first tier partetpe nt shall
<br />submit an explahallm of why O'cannot provide 1110 carrication
<br />set out below. The cenitikation or explanation will be
<br />considered in connection with the department oragenco
<br />deterrnina6cor whether to enter into this transaction. However,
<br />failure of the prospective that tier participant to hurrdsh a
<br />certification or an explanation shall disgdalify such a person
<br />from participation in this transactor..
<br />C. The mriftication In MIS; clause is a malarial representation
<br />of fact upon which reliancewas placed when the contracting
<br />agency determined to enter brio this tuonsacticin. If O is later
<br />determined that the prospective participant knowingly rendered
<br />an erroneous certification, in addition to other romecties
<br />available to the Federal Government, the contracting agency
<br />may terminate this transaction for cause of default.
<br />d. The pmspecbve first bar participant shall provide
<br />immediate written nollca to the censoring agency to whom
<br />this proposal is submitted If arty orae the prospective first tier
<br />participant learns that its raw'difcation was erroneous when
<br />submitted or hasbecome emaneous by mason of changed
<br />choumstancas.
<br />a. The tehms "covered transaction,." "debarred,"
<br />"suspended, nheftgible,"",paddcpant,"'person," "principal,"
<br />and "volunfadly exduded," as used in this clause, are defined
<br />in 2 CFR Parts 180 and 1200 `First Tier.Covered
<br />Transactions" refers to any covered transaction between a
<br />grantee ar subgrantee of Federal funds and a participant (such
<br />as the Prime argeneral contract)- °Lowei-TierCovered
<br />Transactions" refers to any covered transaction under a First
<br />Ther Covered Tmnmction(such as sruacantracts). 'First Tier
<br />Participant" refers to the participant who has entered into a
<br />cowered traneadtrn with a grantee or subgrantee of Federal
<br />funds (such as the prime or general contractor). 'Lower Tier
<br />P2111*2m"refers any Participant who has entered into a
<br />covered transaction Win a First Tier Participant or other Lower
<br />TiierPart[dPards (such as subcontractors and suppliers).
<br />f. The prospective first tier participant agrees by submitting
<br />this proposal that, should the proposed covered transaction be
<br />entered kda, it shell not knowingly enterinto any Bower Ser
<br />covered transaction with a person who is debarred,
<br />suspended, declared ineligible, or voluntarily excluded from
<br />participation in this covered transaction, unless authariwd by
<br />the department or agency entering into this transaction.
<br />g. The pmspm ive first far pal idpamt further agrees by
<br />subrat tog this proposal that it will include the clause titled
<br />"Certification Regarding Debarment, Suspension, Ineligibility
<br />and voluntary Exclusloi-Lowrer Tae Covered Transactions,-
<br />praMed try the department or contracting agency, entering
<br />1110 this covered transaction, without modification, in all lower
<br />tier covered hansactlons.. and In all sdtdtations for lower far
<br />covered transactions exceeding the $25,000 threshold.
<br />h- A participant In a covered transadiwr may mly upon a
<br />certification of a Prospective participant in a lower tier covered
<br />transaction that is notdebarred, suspended, ineligible, or
<br />voluntarily excluded from the covered transaction, unless it
<br />krhowch 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 prindgaals, 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 (httns-INwww eaEs acv!), which is
<br />camp#ad by the General Services Administration,
<br />Page 12-19
<br />July 31, 2012
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