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Minnesota Department of Transportation EEO Special Provisions
<br />Office of Civil Rights 07/12
<br />REQUIRED CONTRACT PROVISIONS (cont.)
<br />2. That the contractor agrees to include or cause to be included
<br />the requirements of paragraph (1) of this Section X in every
<br />subcontract, and further agrees to take such action as the
<br />contracting agency may direct as a means of enforcing such
<br />requirements.
<br />X. CERTIFICATION REGARDING DEBARMENT,
<br />SUSPENSION, INELIGIBILITY AND VOLUNTARY
<br />EXCLUSION
<br />This provision is applicable to all Federal -aid construction
<br />contracts, design -build contracts, subcontracts, lower -tier
<br />subcontracts, purchase orders, lease agreements, consultant
<br />contracts or any other covered transaction requiring FHWA
<br />approval or that is estimated to cost $25,000 or more — as
<br />defined in 2 CFR Parts 180 and 1200.
<br />1. Instructions for Certification — First Tier Participants:
<br />a. By signing and submitting this proposal, the prospective
<br />first tier participant is providing the certification set out below.
<br />b. The inability of a person to provide the certification set out
<br />below will not necessarily result in denial of participation in this
<br />covered transaction. The prospective first tier participant shall
<br />submit an explanation of why it cannot provide the certification
<br />set out below. The certification or explanation will be considered
<br />in connection with the department or agency's determination
<br />whether to enter into this transaction. However, failure of the
<br />prospective first tier participant to furnish a certification or an
<br />explanation shall disqualify such a person from participation in
<br />this transaction.
<br />c. The certification in this clause is a material representation of
<br />fact upon which reliance was placed when the contracting agency
<br />determined to enter into this transaction. If it is later determined
<br />that the prospective participant knowingly rendered an erroneous
<br />certification, in addition to other remedies available to the
<br />Federal Government, the contracting agency may terminate this
<br />transaction for cause of default.
<br />d. The prospective first tier participant shall provide immediate
<br />written notice to the contracting agency to whom this proposal is
<br />submitted if any time the prospective first tier participant learns
<br />that its certification was erroneous when submitted or has
<br />become erroneous by reason of changed circumstances.
<br />e. 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 />and 1200. "First Tier Covered Transactions" refers to any
<br />covered transaction between a grantee or subgrantee of Federal
<br />funds and a participant (such as the prime or general contract).
<br />"Lower Tier Covered Transactions" refers to any covered
<br />transaction under a First Tier Covered Transaction (such as
<br />subcontracts). "First Tier Participant" rethrs to the participant
<br />who has entered into a covered transaction with a grantee or
<br />subgrantee of Federal funds (such as the prime or general
<br />contractor). "Lower Tier Participant" refers any participant who
<br />has entered into a covered transaction with a First Tier
<br />Participant or other Lower Tier Participants (such as
<br />subcontractors and suppliers).
<br />f The prospective first tier participant agrees by submitting
<br />this proposal that, should the proposed covered transaction be
<br />entered into, it shall not knowingly enter into any lower tier
<br />covered transaction with a person who is debarred, suspended,
<br />declared ineligible, or voluntarily excluded from participation in
<br />this covered transaction, unless authorized by the department or
<br />agency entering into this transaction.
<br />g. The prospective first tier participant further agrees by
<br />submitting this proposal that it will include the clause titled
<br />"Certification Regarding Debarment, Suspension, Ineligibility
<br />and Voluntary Exclusion -Lower Tier Covered Transactions,"
<br />provided by the department or contracting agency, entering into
<br />this covered transaction, without modification, in all lower tier
<br />covered transactions and in all solicitations for lower tier covered
<br />transactions exceeding the $25,000 threshold.
<br />h. 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
<br />voluntarily excluded from the covered transaction, unless it
<br />knows that the certification is erroneous. A participant is
<br />responsible for ensuring that its principals are not suspended,
<br />debarred, or otherwise ineligible to participate in covered
<br />transactions. To verify the eligibility of its principals, as well as
<br />the eligibility of any lower tier prospective participants, each
<br />participant may, but is not required to, check the Excluded
<br />Parties List System website (https://www.epls.2ov/), which is
<br />compiled by the General Services Administration.
<br />i. Nothing contained in the foregoing shall be construed to
<br />require the establishment of a system of records in order to render
<br />in good faith the certification required by this clause. The
<br />knowledge and information of the prospective participant is not
<br />required to exceed that which is normally possessed by a prudent
<br />person in the ordinary course of business dealings.
<br />j. Except for transactions authorized under paragraph (t) of
<br />these instructions, if a participant in a covered transaction
<br />knowingly enters into a lower tier covered transaction with a
<br />person who is suspended, debarred, ineligible, or voluntarily
<br />excluded from participation in this transaction, in addition to
<br />other remedies available to the Federal Government, the
<br />department or agency may terminate this transaction for cause or
<br />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
<br />or agency;
<br />EEO Page 36
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