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c. Are not presently indicted for or otherwise criminally or civilly charged by a <br /> governmental entity (Federal, State or local) with commission of any of the offenses <br /> enumerated in paragraph lb of this certification; and d. Have not within a 3-year period <br /> preceding this application/proposal had one or more public transactions (Federal, State or <br /> local) terminated for cause or default. <br /> <br /> 2. Where the prospective primary participant is unable to certify to any of the statements in <br /> this certification, such prospective participant shall attach an explanation to this proposal. <br /> <br />2. Instructions for Certification-Lower Tier Covered Transactions. (Applicable to all <br />subcontracts, purchase orders and other lower tier transactions of $25,000 or more-49 CFR 29) <br /> <br /> a. By signing and submitting this proposal, the prospective lower tier participant is <br /> providing the certification set out below. <br /> <br /> b. The certification in this clause is a material representation of fact upon which reliance <br /> was placed when this transaction was entered into. If it is later determined that the <br /> prospective lower tier participant knowingly rendered an erroneous certification, in addition <br /> to other remedies available to the Federal Government, the department or agency with which <br /> this transaction originated may pursue available remedies, including suspension and/or <br /> debarment. <br /> <br /> c. The prospective lower tier participant shall provide immediate written notice to the <br /> person to which this proposal is submitted if at any time the prospective lower tier <br /> participant learns that its certification was erroneous by reason of changed circumstances. <br /> <br /> d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered <br /> transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as <br /> used in this clause, have the meanings set out in the Definitions and Coverage sections of <br /> roles implementing Executive Order 12549. You may contact the person to which this <br /> proposal is submitted for assistance in obtaining a copy of those regulations. <br /> <br /> e. The prospective lower tier participant agrees by submitting this proposal that, should the <br /> proposed covered transaction be entered into, it shall not knowingly enter into any lower tier <br /> covered transaction with a person who is debarred', suspended, declared ineligible, or <br /> voluntaily excluded from participation in this covered transaction, unless authorized by the <br /> department or agency with which this transaction originated. <br /> <br /> f. The prospective lower tier participant further agrees by submitting this proposal that it <br /> will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility <br /> and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all <br /> lower tier covered transactions and in all solicitations for lower tier covered transactions. <br /> <br /> g. A participant in a covered transaction may rely upon a certification of a prospective <br /> participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or <br /> voluntarily excluded from the covered transaction, unless it knows that the certification is <br /> erroneous. A participant may decide the method and frequency by which it determines the <br /> eligibility of its principals. Each participant may, but is not required to, check the <br /> Nonprocurement List. <br /> <br /> 18-20 Form FHWA- 1273 <br /> Rev. 12-93 <br /> <br /> <br />