|
EXHIBIT 12-E Local Assistance Procedures Manual
<br />Attachment B PS&E Checklist Instructions
<br />I. Nothing contained in ft foregoing shall be con-strusd to
<br />require the establishment of a system orrecords in order to
<br />render in good faith the cerdficOon required by this clause.
<br />The knowledge and information of the prospective participant
<br />is not required In exceed Shat which is normally possessed by
<br />a prudent person in the ordinary course of business dealings -
<br />1. Except for transactions authorized under paragraph (f) of
<br />these instructions, if a participant al a covered transaction
<br />knowingly enters into a lower tier covered transaction with a
<br />person Me 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 />ordefault.
<br />2. Certification Regarding Qabarmard, Suspension,
<br />Ineligibility, and Voluntary Exctuston — First Tier
<br />Participants:
<br />a. The prospective first Her 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, or voluntarily excluded from
<br />participating in covered transactions by any Federal
<br />department or agency;
<br />(2) Have not within a thnea-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 tmnsadioa, vlotabon of Federal or State anfiaust
<br />suedes or commission of'embemlament, that, forgery,
<br />bribery, falsification ordestmdion of records, making false
<br />statements, or receiving skrlen property;
<br />(0) Are not presently indicted for m otherwise criminally or
<br />civilly charged bya governmental entity (Federal, State or
<br />local with commission of any of the offenses enumerated in
<br />paragraph (a)(2) of this cartificatton; and
<br />(4) Have not within a thma-year period preceding this
<br />appllcaDonfproposal had one or more public transactions
<br />(Federal, State or local) terminated for cause or default
<br />b. Where the prospective participant is unable to cerfify to
<br />any of the stalemates 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 subcommets, purchase orders and other
<br />lowerfiertramsacUmns requiring prior FHWA approval nor
<br />estimated to rust $25,000 or mom -2 CFR Parts 190 and
<br />1200)
<br />a. By signing and submitting this proposal, the prospective
<br />lower der is providing the certification set out below.
<br />It. The cetification 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 thatthe prospective
<br />lower Der participant knowingly rendered an emoneaus
<br />cenifimficn, in addition to other remedies available to the
<br />Federal Government, the department, or agency with which
<br />io
<br />Page 12-20
<br />July 31, 2012
<br />this transaction originated may pulli available remedies,
<br />including suspension andlor debarment.
<br />c. The prospective lower Derparttppant shall provide
<br />immediatewdtten notice to the person to which this proposal is
<br />submitted if at anytime the prospective lower Der participant
<br />teams that its certification was emameous by reason of
<br />changed circumstances.
<br />d. The teems "covered transaction."' "debarren,d;'
<br />"suspended; "fineligibfe," "participant ° ^perso"principal"
<br />and "Vduntadly excluded," as used inti this clause, are defined
<br />in 2 CFR Parts 100 and 1200. You rruay contactthe person to
<br />which this proposal is submified for assistance in obtaining a
<br />oopyofihoseregulations. "FfrstTier Coversd Transactions"
<br />l eters, to any covered transaction betVreen a gredea or
<br />subgrantee or Federal funds and a participant (such as the
<br />primeorgeneralconlmet). "LowerTrar Covered Tmnsacfions
<br />refers to any covered transaction undler2 First Tier Cowered
<br />Transaction (such as sur contrads). "First Tier ParficipaW
<br />refersth the participant who has entered into a covered
<br />transaction with a granteo or subgrantee of Fedand funds
<br />(such as the prime orgeneral contmctark "Lower per
<br />Pamolloanf'refras any Pargcill cilia has entered into
<br />covered transaction with a First Tiler Parttelpant or other Lower
<br />Ter Participants (such as subcontractors. and suppliers),
<br />e. The prospective lower Der participant agrees by
<br />submitting this proposal that should the proposed covered
<br />transaction be entered: into; it strait not knowingly erder into
<br />any lower tier covered transaction with a person who is
<br />debarred, suspended, declared ineligible, or voluntarily
<br />excluded from parlidpation in this covared transaction, unless
<br />authorized by the department or agency with which this
<br />transaction originated.
<br />E The prospective lower tier participant further agrees by
<br />submitting this proposal that it will include this clause titled
<br />"Certification Regarding 0ebarment, Suspension, Ineligfb lily
<br />and Voluntary Exclusion -Lower Tier Covered Transarficn,"
<br />without modification, in all lower tier covered transactions and
<br />in all solciations for tower Der corseted transactions exceeding
<br />the $.25,000 threshold.
<br />g. A participant h a covered transaction imay rely upon a
<br />certification of a prospective participant in a lower tier covered
<br />transaction that is not debarred, suspended, inefi9ibte, or
<br />voluntarily excluded from the covered transaction, unless it
<br />knows that the cenificatidn is erroneous. A. participant is
<br />responsible for ensuring that its prsndipals are net suspended,
<br />debarred, or otherwise ineligible to participate in covered
<br />transactions. To verify five eligibility of its principals, as well as
<br />the eltgDmlftyofany lower tier prospective participants, each
<br />particlpant may, but is not required to, check the Excluded
<br />Parties List System websds (httos:ff .eels govt), whidh is
<br />compiled by the General Services Administration.
<br />h. Nothing contained in the foregoing shall be construed to
<br />require esta6fishment of a system of records in orderto render
<br />in good faith the certification required by this clause. The
<br />knowledge and information of padiapant is not required to
<br />exceed that which is normally possessed by a prudent person
<br />in the ordinary course of business dealings.
<br />1. Except for transactions authorized order paragraph a of
<br />these instructions, if a participant In a covered trarmcttun
<br />knowingly enters into a lower tier covered fransacikn 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 Governmemi, the
<br />OB 12-05
<br />
|