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Local Assistance Procedures Manual
<br />information of the prospective participant is not required to exceed
<br />that which is normally possessed by a prudent person in the
<br />ordinary course of business dealings.
<br />j. Except for transactions authorized under paragraph (t) of these
<br />instructions, if a participant in a covered transaction knowingly
<br />enters into a lower tier covered transaction with a person who is
<br />suspended, debarred, ineligible, or voluntarily excluded from
<br />participation in this transaction, in addition to other remedies
<br />available to the Federal Government, the department or agency may
<br />terminale this transaction for cause or default.
<br />2. Certification Regarding Debarment, Suspension, Ineligibility
<br />and Voluntary Exclusion — First Tier Participants:
<br />a. The prospective first tier participant certifies to the best of its
<br />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 department or
<br />agency;
<br />(2) Have not within a three-year period preceding this proposal
<br />been convicted of or had a civil judgment rendered against them for
<br />commission of fraud or a criminal offense in connection with
<br />obtaining, attempting to obtain, or performing a public (Federal,
<br />State or local) transaction or contract under a public transaction;
<br />violation of Federal or State antitrust statutes or commission of
<br />embezzlement, theft, forgery, bribery, falsification or destruction of
<br />records, making false statements, or receiving stolen property;
<br />(3) Are not presently indicted for or otherwise criminally or civilly
<br />charged by a governmental entity (Federal, State or local) with
<br />commission of any of the offenses enumerated in paragraph (a)(2)
<br />of this certification; and
<br />(4) Have not within a three-year period preceding this
<br />application/proposal had one or more public transactions (Federal,
<br />State or local) terminated for cause or default.
<br />b. Where the prospective participant is unable to certify to any of
<br />the statements in this certification, such prospective participant shall
<br />attach an explanation to this proposal.
<br />2. Instructions for Certification - Lower Tier Participants:
<br />(Applicable to all subcontracts, purchase orders and other lower tier
<br />transactions requiring prior FHWA approval or estimated to cost
<br />$25,000 or more - 2 CFR Parts 180 and 1200)
<br />a. By signing and submitting this proposal, the prospective lower
<br />tier is providing the certification set out below.
<br />b. The certification in this clause is a material representation of
<br />fact upon which reliance was placed when this transaction was
<br />entered into. If it is later determined that the prospective lower tier
<br />participant knowingly rendered an erroneous certification, in addition
<br />to other remedies available to the Federal Government, the
<br />department, or agency with which this transaction originated may
<br />pursue available remedies, including suspension and/or debarment.
<br />c. The prospective lower tier participant shall provide immediate
<br />written notice to the person to which this proposal is submitted if at
<br />any time the prospective lower tier participant learns that its
<br />certification was erroneous by reason of changed circumstances.
<br />d. The terms "covered transaction," "debarred," "suspended,"
<br />"Ineligible," "participant," "person," "principal," and "voluntarily
<br />excluded," as used in this clause, are defined in 2 CFR Parts 180
<br />City # 15-6830
<br />FED # HSIPL 5063(154)
<br />Exhibit 12-G
<br />Required Federal -aid Contract Language
<br />and 1200. You may contact the person to which this proposal is
<br />submitted for assistance in obtaining a copy of those regulations.
<br />"First Tier Covered Transactions" refers to any covered transaction
<br />between a grantee or subgrantee of Federal funds and a participant
<br />(such as the prime or general contract). "Lower Tier Covered
<br />Transactions' refers to any covered transaction under a First Tier
<br />Covered Transaction (such as subcontracts). "First Tier Participant'
<br />refers to the participant who has entered into a covered transaction
<br />with a grantee or subgrantee of Federal funds (such as the prime or
<br />general contractor). "Lower Tier Participant" refers any participant
<br />who has entered into a covered transaction with a First Tier
<br />Participant or other Lower Tier Participants (such as subcontractors
<br />and suppliers).
<br />e. The prospective lower tier participant agrees by submitting this
<br />proposal that, should the proposed covered transaction be entered
<br />into, it shall not knowingly enter into any lower tier covered
<br />transaction with a person who is debarred, suspended, declared
<br />ineligible, or voluntarily excluded from participation in this covered
<br />transaction, unless authorized by the department or agency with
<br />which this transaction originated.
<br />f. The prospective lower tier participant further agrees by
<br />submitting this proposal that it will include this clause titled
<br />"Certification Regarding Debarment, Suspension, Ineligibility and
<br />Voluntary Exclusion -Lower Tier Covered Transaction," without
<br />modification, in all lower tier covered transactions and in all
<br />solicitations for lower tier covered transactions exceeding the
<br />$25,000 threshold.
<br />g. A participant in a covered 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 voluntarily
<br />excluded from the covered transaction, unless it knows that the
<br />certification is erroneous. A participant is responsible for ensuring
<br />that its principals are not suspended, debarred, or otherwise
<br />ineligible to participate in covered transactions. To verify the
<br />eligibility of its principals, as well as the eligibility of any lower tier
<br />prospective participants, each participant may, but is not required to,
<br />check the Excluded Parties List System website
<br />(https://www.epls.gov/), which is compiled by the General Services
<br />Administration.
<br />h. Nothing contained in the foregoing shall be construed to require
<br />establishment of a system of records in order to render in good faith
<br />the certification required by this clause. The knowledge and
<br />information of participant is not required to exceed that which is
<br />normally possessed by a prudent person in the ordinary course of
<br />business dealings.
<br />i. Except for transactions authorized under paragraph a of these
<br />instructions, if a participant in a covered transaction knowingly
<br />enters into a lower tier covered transaction with a person who is
<br />suspended, debarred, ineligible, or voluntarily excluded from
<br />participation in this transaction, in addition to other remedies
<br />available to the Federal Government, the department or agency with
<br />which this transaction originated may pursue available remedies,
<br />including suspension and/or debarment.
<br />Certification Regarding Debarment, Suspension, Ineligibility
<br />and Voluntary Exclusion --Lower Tier Participants:
<br />1. The prospective lower tier participant certifies, by submission of
<br />this proposal, that neither it nor its principals is presently debarred,
<br />suspended, proposed for debarment, declared ineligible, or
<br />voluntarily excluded from participating in covered transactions by
<br />any Federal department or agency.
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<br />DLA -OB 13-06 August 12, 2013
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