"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
