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frequency by which it determines the eligibility of its principals. Each participant may, but is not required to. check the Nonprocurement List , ) reqUir~'es~~~~rwm~On~~t:ds~t~~ ~r~~~~9s sj~a~r~:r ~~n:~~d~ ~~ good faith Ihe certificalion required by this clause. The knowledge and information of participant is not required to exceed that 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 cove:red transaction knowingly enters into a lower Cier covered transaction with a person who is suspended. debarred, ineligible. or voluntarily exduded from rr:~~i~:~~~~rJ~~~~~S:~:,~~~ i~:~:~~~~?~~~~~~~~~s~~~~~: ~~~~:~i: ~~~;~e:ba~~r8.ursue available remedies, including Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions: 1. The prospechve lower 1ier participant certifies. by submission of this proposal. thai neither II nor its principals is presenUy debarred, ~~ft~nxdJ~dfJ~~~ega~~~~r;:'i~nl~i~~~~~':8~i~~lig~~~:F~~~~~j department OJ agency. 2. Where (he prospective lower tier partlcipsnl is unable to certify to any of the statements in this certification, such prospective panicjpant shall attach an explanation to this proposal. PageS XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable 10 all Federal-aid construction contracts and to all relaled subcontracts which exceed $100,000.49 CFR 20) thj~'b~h~'p~~~=il~~~~K;~~7to~h7;i6~'h~ t~:,~;; ~~~}:~r. Ihat: a. No Federal appropriated funds have been paid or will be g~i~it~~o;ti~~ ~~n~~~~eU~e~~~d~o :~~I~~eo~:o~~nn~;~~~ agency, a Member of Congress, an officer or employee of tongress. or an employee of a Member of Congress in connection with the awarding of any Federal contract. the makin~ 01 any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. been ~~jdl~~~llf~~:a~~~ra~~~::~~~~ ft~~~~~~~r~~~~~6~~ ~~ ~~~~.;:s~~~~~~~o~~~~~~~f~t:'~r:~. ~~~~~~~~~~~ a Member of Congress in connection with this Federal contract, grant. ~~a~ijrs~~:~t~~~lleL~~~%~~~edF~~~~~~~ %~~~~:i~ accordance wilh ils instrucHons. 2. This certifICation is a material representation of fact upon which reliance was placed when this transaction was made OJ entered in10. Submission of Ihiscertification is a prerequisite for making or entering into this transaction jrnposed by 31 U.S.C. 1352. Any person who ~~i~ot~l~~~ \~~~e~f~~~~~~~~o~~~a:~~~ S~~o,~Jg ~;~:~e~~~ failure. 3. The prospective participant also agJees by submiltin9 his or her bid or proposal that he or she shall require Ihallhe language of this certificabon be induded in aU lower tier subcontracts, which e.kooed $100.000 and thai all such recipienls shall certify and disclose accordingly. Form FHWA-1273 (Rev. 3-94) 87