LeeTran -FTA Certifications LEETRAN FTA CERTIFICATIONS Federally Required Certifications 1. Buy America Requirements* (over $150,000) 2. Lobbying* (over $100,000) 3. Debarment and Suspension* (over $25,000) * Please sign and return the applicable FTA Certification LeeTran -FTA Certifications BUY AMERICA REQUIREMENTS FOR PROCUREMENT OF STEEL, IRON, AND MANUFACTURED PRODUCTS (INCLUDING ROLLING STOCK) OVER $150,000 If this contract or purchase order is valued in excess of $150,000 and involves the procurement of steel, iron, or manufactured products, the bidder or offeror hereby certifies that it: Will meet the requirements of 49 USC 5323(j)(1) and the applicable regulations in 49 CFR part 661.5. Cannot meet the requirements of 49 USC 5323(j)(1) and 49 CFR part 661.5, but it may qualify for an exception pursuant to 49 USC 5323(j)(2)(A), 5323(j)(2)(B), or USC 5323(j)(2)(D), and 49 CFR part 661.7. If this contract or purchase order is valued in excess of $150,000 and involves the procurement of buses, other rolling stock and associated equipment, the bidder or offeror hereby certifies that it: Will comply with the requirements of 49 USC 5323(j)(2)(C) and the regulations at 49 CFR part 661.11. Cannot comply with the requirements of 49 USC 5323(j)(2)(C) and 49 CFR part 661.11, but it may qualify for an exception pursuant to 49 USC 5323(j)(2)(A), 5323(j)(2)(B), or USC 5323(j)(2)(D), and 49 CFR part 661.7. Date _________________________________________________________________________ Print Name of Authorized Official__________________________________________________ Title _________________________________________________________________________ Signature of Authorized Official ___________________________________________________ Company Name ________________________________________________________________ Company Address ______________________________________________________________ Note: This Buy America certification must be submitted to Lee County Transit, if applicable, with all bids or offers on FTA-funded contracts involving construction or the acquisition of goods or rolling stock, except those subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include final assembly in the United States for microcomputer equipment, software, and small purchases (currently less than $150,000) made with capital, operating or planning funds. LeeTran -FTA Certifications LOBBYING For contracts over $100,000 31 U.S.C. 1352 2 CFR Part 200 Appendix II (I) 49 CFR Part 20 The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts. The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 2 CFR Part 200 Appendix II (I) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, ______________________________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Date _________________________________________________________________________ Print Name of Authorized Official__________________________________________________ Title _________________________________________________________________________ Signature of Authorized Official ___________________________________________________ Company Name ________________________________________________________________ Company Address ______________________________________________________________ LeeTran -FTA Certifications DEBARMENT, SUSPENSION, INELIGIBILTY, AND VOLUNTARY EXCLUSION REQUIREMENTS for Contracts over $25,000 This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. The bidder or proposer certifies as follows: 1. 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 later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, Lee County may pursue available remedies, including suspension and/or debarment. 2. The prospective lower tier participant shall provide immediate written notice to Lee County if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 3. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," :"participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact Lee County for assistance in obtaining a copy of those regulations. 4. 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 tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by Lee County. 5. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. LeeTran -FTA Certifications 7. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, Lee County may pursue available remedies including suspension and/or debarment. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Contracts over $25,000). The contractor certifies, that neither it nor its “principals” as defined in CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any governmental department or agency. Date _________________________________________________________________________ Print Name of Authorized Official__________________________________________________ Title _________________________________________________________________________ Signature of Authorized Official ___________________________________________________ Company Name ________________________________________________________________ Company Address ______________________________________________________________