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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) Have not within a three-year period preceding this proposal
<br />been convicted of or had a civil judgment rendered against them
<br />for commission of fraud or a criminal offense in connection with
<br />obtaining, attempting to obtain, or performing a public (Federal,
<br />State or local) transaction or contract under a public transaction;
<br />violation of Federal or State antitrust statutes or commission of
<br />embezzlement, theft, forgery, bribery, falsification or destruction
<br />of records, making false statements, or receiving stolen property;
<br />(3) Are not presently indicted for or otherwise criminally or
<br />civilly charged by a governmental entity (Federal, State or local)
<br />with commission of any of the offenses enumerated in paragraph
<br />(a)(2) of this certification; and
<br />(4) Have not within a three-year period preceding this
<br />application/proposal had one or more public transactions
<br />(Federal, State or local) terminated for cause or default.
<br />b. Where the prospective participant is unable to certify to any
<br />of the statements in this certification, such prospective participant
<br />shall attach an explanation to this proposal.
<br />2. Instructions for Certification - Lower Tier Participants:
<br />(Applicable to all subcontracts, purchase orders and other lower
<br />tier transactions requiring prior FHWA approval or estimated to
<br />cost $25,000 or more - 2 CFR Parts 180 and 1200)
<br />a. By signing and submitting this proposal, the prospective
<br />lower tier is providing the certification set out below.
<br />b. The certification in this clause is a material representation of
<br />fact upon which reliance was placed when this transaction was
<br />entered into. If it is later determined that the prospective lower
<br />tier participant knowingly rendered an erroneous certification, in
<br />addition to other remedies available to the Federal Government,
<br />the department, or agency with which this transaction originated
<br />may pursue available remedies, including suspension and/or
<br />debarment.
<br />c. The prospective lower tier participant shall provide
<br />immediate written notice to the person to which this proposal is
<br />submitted if at any time the prospective lower tier participant
<br />learns that its certification was erroneous by reason of changed
<br />circumstances.
<br />d. 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. You may contact the person to which this proposal is
<br />submitted for assistance in obtaining a copy of those regulations.
<br />"First Tier Covered Transactions" refers to any covered
<br />transaction between a grantee or subgrantee of Federal funds and
<br />a participant (such as the prime or general contract). "Lower Tier
<br />Covered Transactions" refers to any covered transaction under a
<br />First Tier Covered Transaction (such as subcontracts). "First
<br />Tier Participant" refers to the participant who has entered into a
<br />covered transaction with a grantee or subgrantee of Federal funds
<br />(such as the prime or general contractor). "Lower Tier
<br />Participant" refers any participant who has entered into a covered
<br />transaction with a First Tier Participant or other Lower Tier
<br />Participants (such as subcontractors and suppliers).
<br />e. The prospective lower 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 with which this transaction originated.
<br />f The prospective lower tier participant further agrees by
<br />submitting this proposal that it will include this clause titled
<br />"Certification Regarding Debarment, Suspension, Ineligibility
<br />and Voluntary Exclusion -Lower Tier Covered Transaction,"
<br />without modification, in all lower tier covered transactions and in
<br />all solicitations for lower tier covered transactions exceeding the
<br />$25,000 threshold.
<br />g. 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 (httos://www.eols.2ov/1, 1s.2ov/l, which is
<br />compiled by the General Services Administration.
<br />h. Nothing contained in the foregoing shall be construed to
<br />require establishment of a system of records in order to render in
<br />good faith the certification required by this clause. The
<br />knowledge and information of participant is not required to
<br />exceed that which is normally possessed by a prudent person in
<br />the ordinary course of business dealings.
<br />i. Except for transactions authorized under paragraph e of these
<br />instructions, if a participant in a covered transaction knowingly
<br />enters into a lower tier covered transaction with a person who is
<br />suspended, debarred, ineligible, or voluntarily excluded from
<br />participation in this transaction, in addition to other remedies
<br />available to the Federal Government, the department or agency
<br />with which this transaction originated may pursue available
<br />remedies, including suspension and/or debarment.
<br />Certification Regarding Debarment, Suspension, Ineligibility
<br />and Voluntary Exclusion --Lower Tier Participants:
<br />1. The prospective lower tier participant certifies, by submission
<br />of this proposal, that neither it nor its principals is presently
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