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
