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will notify the contracting officer within the 30-day period that
additional time Is necessary.

(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.6.(3) of this section, shall be paid to all workers performing
work in (he classification under this contract from the first
day on which work is performed in the classification.

c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which Is not expressed as an hourly rate, the contractor
shail elther pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent (hereof,

d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
{hat the applicable standards of the Davis-Bacon Act have
been mel. The Secretary of Labor may require the contractor
lo set aside in a separate account assets for the meeting of
obligations under the plan or program.

2. Withholding

The contracling agency shall upon its own action or upon
writien request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federally-
assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary te cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased.

3. Payrolls and basic records

a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all jaborers
and mechanics working al the site of the work. Such records
shail contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (Including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2}(B) of the
Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1}{iv) that
ihe wages of any laborer or mechanic include the amount of
any cosis reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-

Bacon Aci, the contractor shall maintain records which show
that the commitment te provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of appraniiceship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rales prescribed in the
applicable programs.

b.(1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and compietely all of the information required to be
maintained under 29 CFR 5.5(a){(3)(i}, except that full social
security numbers and home addresses shail not be Included
on weekly transmittals. Instead the payrolls shail only need to
include an individually identifying number for each employee (
e.g. . the last four digits of the employee's social security
number), The required weekly payroll information may be
submitted in any form desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division
Web site at hitp:/www.doi.gov/esa/whd/forms/wh347instr.htm
or iis successor site. The prime contractor fs responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. If is not a violation of this section fora prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency.

(2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
centify the following:

(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information fs
being maintained under §5.5 (a)(3)(I) of Regulations, 29
CFR part 5, and thal such information is correct and
complete;

(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages earned, other ihan
permissible deductions as set forth in Regulations, 29 CFR
part 3;

(ii!) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.

(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-~347 shail satisfy the requirement for submission of the
“Statement of Compliance” required by paragraph 3.b.(2) of
this section

(4) The falsification of any of the above certifications may
subject the contractor or subconiractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
{itle 31 of the United States Code.

c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the Slate DOT, the
FHWA, or the Department of Labor, and shalt permit such
representatives to interview employees during working hours
on the Job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5,12.

4, Apprentices and tralnees
a. Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a Stale Apprenticeship Agency recognized by the Office, or ifa
person Js employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rale on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the fob site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which iis program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractors registered
program shail be observed.

Every apprentice must be paid at nol Jess than the rate
specified in the registered program for the apprentice’s leve! of
progress, expressed as a percentage of the journeymen hourly

tate specified in the applicable wage determination.
Apprentices shail be paid fringe benefils in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does nat specify fringe benelits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines thal a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.

In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program Is approved.

b, Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.

The ratio of trainees to journeymen on the job site shall nol be
greater than permitted under the plan approved by the
Employment and Training Administration.

Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines thal
there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shail
be paid nol less than the applicable wage rale on the wage
determination for the classification of work actually performed
In addition, any trainee performing work on the job site in
excess of the ratlo permitted under the registered program
shall be pald not less than the applicable wage rate on the
wage determination for the work actually performed.

in the event the Employment and Training Administration
wilhdraws approval of a training program, the contractor will no
longer be permilied to utilize trainees al less than {he
applicable predetermined rate for the work performed until an
acceptable program is approved.

¢ Equat employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment cpportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30

d. Apprentices and Tralnees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and
Skill {raining programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
The straight time hourly wage rates for apprentices and
lrainees under such programs will be established by the
particular programs, The ratio of apprentices and trainees to
journeymen shail nol be greater than permitted by the terms of
the particular program.

§. Compilance with Copeland Act requirements. The
contractor shail comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.

6. Subcontracts, The contractor or subcontractor shall insert
Form FHWA-1273 In any subcontracts and also require the
subcontractors to include Form FHWA-1273 In any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided In 29 CFR 5.12.

8. Compilance with Davis-Bacon and Related Act
requirements. All rulings and Interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.

9. Disputes concerning labor standards. Disputes arising
oul of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and
7, Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontraclors) and the
contracting agency, the US. Department of Labor, or the
employees or their representatives,

10. Certification of eligibility.

a By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a){1).

b. No part of this contract shail be subcontracted to any person
of firm ineligible for award of a Government contract by virtue
of section 3{a) of the Davis-Bacon Act or 29 CFR §.12(a}(1).

c. The penalty for making false statements is prescribed in the
U.S Criminal Code, 168 U.S.C 1004

Vv. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT

The following clauses apply to any Federal-aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) of 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.

1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or Involve the employment of laborers or mechanics shail
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensaticn at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.

2. Violation; lability for unpald wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. in addition, such contractor and subcontractor
shail be liable to the United States (in {he case of work done
under contract for the District of Cotumbia or a territory, ta such
District or to such territory), for liquidated damages Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause sel forth in paragraph (1.) of this section.

3. Withholding for unpald wages and liquidated damages.
The FHWA or the contacting agency shall upon Its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Wark
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary {o satisfy any liabilities of such contractor or
subconiractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2.) of this
section.

4. Subcontracts. The contractor or subcontractor shail insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring ihe
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tler subconiractor
with the clauses set forth In paragraphs (1.) through (4.) of this
section

Vl. SUBLETTING OR ASSIGNING THE CONTRACT

This provision is applicable to all Federal-aid construction
contracts on the National Highway System.

1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specially items may be
performed by subcontract and the amount of any such
speciaity items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).

a. The term “perform work with its own organization” refers
to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
eguipment of a subcontractor or jower tier subcontractor,
agents of the prime contractor, or any other assignees The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:

(1) the prime contractor maintains control over the
supervision of the day-to-day activilies of the leased
employees;

(2) the prime contractor remains responsible for the quality

of the work of the leased employees:

(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and

(4) the prime contractor remains ultimately responsible for

the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and ail
other Federal regulatory requiremenis.

b. “Specialty Items" shall be construed to be timited to work
lhat requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualifled and expected {o bid or propose on the
contract as a whole and In general are to be limited to minor
components of the overall contract.

2. The contract amount upon which the requirements set forth
in paragraph (1) of Section Vi is computed includes the cost of
material and manufactured products which are to be
purchased or produced by the contractor under the contract
provisions.

3. The contractor shail furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full authority to
direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of ils
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary lo assure the performance of the contract.

4. No portion of the contract shall be subiel, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is

evidenced in writing and that it coniains all pertinent provisions
and requirements of the prime contract

5 The 30% self-performance requirement of paragraph (1) 1s
not applicable to design-build contracts; however, contracting
agencies may establish their own self-performance
requirements

VH. SAFETY: ACCIDENT PREVENTION

This provision is applicable to all Federalaid
construction coniracts and to all related subcontracts.

1, In the performance of this contract the contractor shall
comply with ail applicable Federal, State, and local laws
governing safely, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safely devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
feasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract

2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, In performance
af the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safely and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704)

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance \o Inspect or investigale the matter of compilance
with the construction safely and health standards and to carry
oul the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40
U.S.C.3704).

Vill, FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS

This provision is applicable to all Federal-aid
construction contracts and to all related subcontracts

In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of rellability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR 635) In one or more
places where It is readily available to all persons concerned
with the project:

48 U.S.C. 1020 reads as follows:

"Whoever, being an officer, agent, or employee of the Unifed
Slates, or of any State or Territory, or whoever, whether a
person, asSociation, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts. or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation, or

Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or fo be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or

Whoever knowingly makes any faise statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 1, 1916, (39 Stal. 355), as amended
and supplemented;

Shall be fined under this title or imprisoned not more than 5
years or both."

IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT

This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.

By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer
Federal-aid construction contractor, ar subcontractor, as
appropriate, will be deemed to have stipulated as follows:

1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
of Section 306 of the Clean Air Act.

2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direc! as a means of enforcing
such requirements

X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION

This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
coniracis or any other covered transaction requiring FHWA
approval or that is estimated to cos! $25,000 or more — as
defined in 2 CFR Parts 180 and 1200.

1. Instructions for Certification — First Tier Participants:

a By signing and submitting this proposal, the prospective
first tler participant Is providing the certification set out below.

D The inability of a person to provide the certification set out
below will nol necessarily result in denial of participation in this

covered transaction. The prospective first tier participant shat
submit an explanation of why if cannot provide the certification
sal out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However.
failure of the prospective first tler participant to furnish a
certification or an explanation shall disqualify such a person
from panicipation in this transaction,

c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction, If it is later
determined that the prospective participant knowingly rendered
an erroneous cenification, in addition lo other remedies
available to the Federal Government, ihe contracting agency
may terminate this transaction for cause of default.

d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
ihis proposal is submitted if any time the prospective first ter
participant learns that its cerlification was erroneous when
submitted ar has become erroneous by reason of changed
circumstances

e. The terms “covered transaction," “debarred,”
“suspended,” “ineligible,” “participant,” “person,” "principal,"
and “voluntarily excluded,” as used in this clause, are defined
in 2 CFR Parts 180 and 1200. “First Tier Covered
Transactions" refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). "First Tier
Participant" refers to the participant who has entered inlo a
covered transaction with a grantee or subgrantee of Federai
funds (such as the prime or general contractor}. “Lower Tier
Participant” refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Ter Participants (such as subcontractors and suppliers)

f The prospective first tier participant agrees by submitting
this proposal thal, should the proposed covered transaction be
entered into, i{ shall not knowingly enter into any lower tier
covered lransaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering inte this transaction.

g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,”
provided by the department or contracting agency, entering
inio this covered transaction, without modification, in all lower
tier covered transactions and in ail solicitations for lower tier
covered transactions exceeding the $25,000 threshold.

h. A participant In a covered transaction may rely upon a
certification of a prospeciive participant in a lower tler covered
{ransaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are nol suspended,
debarred, or olherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower lier prospeciive panicipants, each
participant may, but fs not required to, check the Excluded

Panties List System website (hitps:/Avww.epls.gov/), which is

compiled by the General Services Administration

i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause
The knowledge and information of the prospective participant
is nol required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.

}. Except for transactions authorized under paragraph (f of
ihese instructions, if a participant in a covered transaction
knowingly enters into a lower ter covered transaction with a
person who Is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default.

Ctra

2. Certification Regarding Debarment, Suspension,
ineligibility and Voluntary Exclusion = First Tier
Participants:

a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;

(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense In
connection with obtaining, attempting to obtain, or performing
a public (Federal, Stale or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;

(3) Are not presenily indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a){2) of this certification; and

(4) Have not within a three-year period preceding this
applicatior/proposal had one er more public transactions
(Federal, State or local) terminated for cause or default

b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.

2. instructions for Certification - Lower Tier Participants:

(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated io cost $25,000 or more - 2 CFR Pans 180 and
1200)

a. By signing and submitting this proposal, the prospective
lower tier is providing the cerlification set out below.

b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is laler determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available {fo the
Federal Government, the department, or agency with which

12

this transaction originated may pursue available remedies,
Including suspension and/or debarment

c. The prospective lower tier participant shail provide
immediate writlen notice to the person to which this proposal !s
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances.

d. The terms “covered transaction," “debarred,"
“suspended,” “ineligible,” “participant.” “person,” “principal,”
and "voluntarily excluded.” as used in this clause, are defined
in 2 CFR Paris 180 and 1200. You may contact the person to
which this proposal is submited for assistance in oblaining a
copy of those regulations. “First Tier Covered Transactions"
refers to any covered transaction between a grantee or
sudgrantee of Federal funds and a participant (such as the
prime or general contract). “Lower Tier Covered Transactions”
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts), “First Tier Participant”
refers to the participant who has entered Into a covered
transaction with a grantee or subgraniee of Federal funds
(such as the prime or general contractor). “Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).

e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower ter covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation In this covered transaction, unless
authorized by the department or agency with which this
transaction originated.

f The prospective Jower tier participant further agrees by
submitting this proposal {hat It will include this clause titled
“Certification Regarding Debarment, Suspension, ineligibility
and Voluntary Exciusion-Lower Tier Covered Transaction,”
without modification, in all tower tier covered transactions and
in all solicitations for lower tler covered transactions exceeding
the $25,000 threshold.

g Aparticipant In a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction thal is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous A participant is
responsible for ensuring thal its principals are not suspended.
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibllity of its principals, as well as
the eligibility of any lower tier prospective partic pants, each
panicipant may, but is not required to, check the Excluded
Parties List Syslem website (htips://www.epls.gov/}, which is
compiled by the General Services Administration

hn. Nothing contained tn the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed thal which is normally possessed by a prudent person
in the ordinary course of business dealings.

i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tler covered transaction with a
person who js suspended, debarred, ineligible, or voluntarily
excluded from panticipation in this transaction, in addition to
other remedies available to the Federal Government, the

department or agency with which this transaction originated
May pursue available remedies, including suspension and/or
debarment.

a aeae

Certification Regarding Debarment, Suspension,
ineligibility and Voluntary Exclusion--Lower Tler
Participants:

1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable {to
certify to any of the statements in this certification, such
prospeclive participant shail altach an explanation to this
proposal,

weees

Xl. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING

This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).

1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:

a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to Influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement

b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
atiempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submil Standard Form-LL, “Disclosure Form to Report
Lobbying,” in accordance with its instructions.

2. This certification is a material representation of fact upan
which reflance was placed when this transactlon was made or
entered Into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 314
US.C 1352. Any person who fails to file the required
certification shali be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure

3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that aif such
recipients shail certify and disclose accordingly.

4

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