EXHIBIT F - FWA ADDITIONAL STANDARD TERMS.PDF

Exhibit F: FHWA Additional Standard Terms
TERM F.1
TITLE VI ASSURANCE
(Implementing Title VI of the Civil Rights Act of 1964, as amended)
ASSURANCE CONCERNING NONDISCRIMINATION IN FEDERALLY-ASSISTED
PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL
ASSISTANCE
(Implementing the Rehabilitation Act of 1973, as amended, and the Americans With
Disabilities Act, as amended)
49 C.F.R. Parts 21, 25, 27, 37 and 38
The United States Department of Transportation (USDOT) Standard Title VI/Non-
Discrimination Assurances
DOT Order No. 1050.2A
By signing and submitting the Technical Application and by entering into this agreement
under the FY 2022 and FY 2023 CFI Grant Program, the Recipient HEREBY AGREES
THAT, as a condition to receiving any Federal financial assistance from the U.S.
Department of Transportation (DOT), through the Federal Highway Administration
(FHWA), it is subject to and will comply with the following:
Statutory/Regulatory Authorities
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs
Of The Department Of Transportation—Effectuation Of Title VI Of The Civil
Rights Act Of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for
Enforcement of Title VI of the Civil Rights Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts”
and “Regulations,” respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars,
policy,

memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly
take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity,” for which the Recipient receives Federal
financial assistance from DOT, including the FHWA.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with
respect to Title VI and other Non-discrimination requirements (The Age Discrimination
Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad,
institutional-wide scope and coverage of these non-discrimination statutes and
requirements to include all programs and activities of the Recipient, so long as any
portion of the program is Federally assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient
agrees with and gives the following Assurances with respect to its Federally assisted FY
2022 and FY 2023 CFI:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in §§
21.23 (b) and 21.23 (e) of 49 C.F.R. § 21 will be (with regard to an “activity”)
facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to
a “program”) conducted in compliance with all requirements imposed by, or
pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids,
Requests For Proposals for work, or material subject to the Acts and the
Regulations made in connection with the FY 2022 and FY 2023 CFI Grant and, in
adapted form, in all proposals for negotiated agreements regardless of funding
source:
“The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act
of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby
notifies all bidders that it will affirmatively ensure that for any contract entered into
pursuant to this advertisement, disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, or national origin in
consideration for an award.”
3. The Recipient will insert the clauses of Appendix A and E of this Assurance in
every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of Appendix B of this Assurance, as a
covenant running with the land, in any deed from the United States effecting or
recording a transfer of real property, structures, use, or improvements thereon or
interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a
facility, or part of a facility, the Assurance will extend to the entire facility and
facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for
the acquisition of real property or an interest in real property, the Assurance will
extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in Appendix C and Appendix
D of this Assurance, as a covenant running with the land, in any future deeds,
leases, licenses, permits, or similar instruments entered into by the Recipient with
other parties:
a. for the subsequent transfer of real property acquired or improved
under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under
real property acquired or improved under the applicable activity,
project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal
financial assistance is extended to the program, except where the Federal
financial assistance is to provide, or is in the form of, personal property, or real
property, or interest therein, or structures or improvements thereon, in which
case the Assurance obligates the Recipient, or any transferee for the longer of
the following periods:
c. the period during which the property is used for a purpose for which
the Federal financial assistance is extended, or for another purpose
involving the provision of similar services or benefits; or
d. the period during which the Recipient retains ownership or possession
of the property.
9. The Recipient will provide for such methods of administration for the program as
are found by the Secretary of Transportation or the official to whom he/she
delegates specific authority to give reasonable guarantee that it, other recipients,
sub-recipients, contractors, subcontractors, consultants, transferees, successors

in interest, and other participants of Federal financial assistance under such
program will comply with all
requirements imposed or pursuant to the Acts, the Regulations, and this
Assurance.
10. The Recipient agrees that the United States has a right to seek judicial
enforcement with regard to any matter arising under the Acts, the Regulations,
and this Assurance.
By signing this ASSURANCE, the Recipient also agrees to comply (and require any sub-
recipients, contractors, successors, transferees, and/or assignees to comply) with all
applicable provisions governing the FHWA’s access to records, accounts, documents,
information, facilities, and staff. You also recognize that you must comply with any
program or compliance reviews, and/or complaint investigations conducted by the
FHWA. You must keep records, reports, and submit the material for review upon
request to FHWA, or its designee in a timely, complete, and accurate way. Additionally,
you must comply with all other reporting, data collection, and evaluation requirements,
as prescribed by law or detailed in program guidance.
The Recipient gives this ASSURANCE in consideration of and for obtaining any Federal
grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid
and Federal financial assistance extended after the date hereof to the recipients by the
U.S. Department of Transportation under the FY 2022 and FY 2023 CFI. This
ASSURANCE is binding on the Recipient, other recipients, sub-recipients, contractors,
subcontractors and their subcontractors’, transferees, successors in interest, and any
other participants in the FY 2022 and FY 2023 CFI.

APPENDIX 1
During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes
consultants) will comply with the Acts and the Regulations relative to Non-
discrimination in Federally- assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be
amended from time to time, which are herein incorporated by reference and
made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts
and the Regulations, including employment practices when the contract
covers any activity, project, or program set forth in Appendix B of 49 C.F.R.
Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation
made by the contractor for work to be performed under a subcontract,
including procurements of materials, or leases of equipment, each potential
subcontractor or supplier will be notified by the contractor of the contractor’s
obligations under this contract and the Acts and the Regulations relative to
Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and
reports required by the Acts, the Regulations, and directives issued pursuant
thereto and will permit access to its books, records, accounts, other sources
of information, and its facilities as may be determined by the Recipient or the
FHWA to be pertinent to ascertain compliance with such Acts, Regulations,
and instructions. Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish the
information, the contractor will so certify to the Recipient or the FHWA, as
appropriate, and will set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance
with the Non-discrimination provisions of this contract, the Recipient will
impose such contract sanctions as it or the FHWA may determine to be
appropriate, including, but not limited to:

a. withholding payments to the contractor under the contract until the
contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of
paragraphs one through six in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take
action with respect to any subcontract or procurement as the Recipient or the
FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes
involved in, or is threatened with litigation by a subcontractor, or supplier
because of such direction, the contractor may request the Recipient to enter
into any litigation to protect the interests of the Recipient. In addition, the
contractor may request the United States to enter into the litigation to protect
the interests of the United States.

APPENDIX 2
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of
real property, structures, or improvements thereon, or granting interest therein from the
United States pursuant to the provisions of Specific Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and
upon the condition that the Recipient will accept title to the lands and maintain the
project constructed thereon in accordance with the Infrastructure Investment and Jobs
Act (IIJA), Pub. L. No. 117-58 (Nov. 15, 2021) 23 U.S.C. § 124, the Highway
Infrastructure Program (HIP) General Funds (IIJA, division J, title VIII, HIP heading,
paragraph (4)), the Regulations for the Administration of FY 2022 and FY 2023 CFI, and
the policies and procedures prescribed by the Federal Highway Administration (FHWA)
of the U.S. Department of Transportation in accordance and in compliance with all
requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in
Federally-assisted programs of the U.S. Department of Transportation pertaining to and
effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42
U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the
Recipient all the right, title and interest of the U.S. Department of Transportation in and
to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto Recipient and its
successors forever, subject, however, to the covenants, conditions, restrictions and
reservations herein contained as follows, which will remain in effect for the period
during which the real property or structures are used for a purpose for which Federal
financial assistance is extended or for another purpose involving the provision of similar
services or benefits and will be binding on the Recipient, its successors and assigns.
The Recipient, in consideration of the conveyance of said lands and interests in lands,
does hereby covenant and agree as a covenant running with the land for itself, its
successors and assigns, that (1) no person will on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination with regard to any facility located wholly or in part on, over,
or under such lands hereby conveyed [,] [and]* (2) that the Recipient will use the lands
and interests in lands and interests in lands so conveyed, in compliance with all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S.
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally-assisted programs of the U.S. Department

of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations and Acts may be amended[, and (3) that in the event of breach of any of the
above-mentioned non-discrimination conditions, the Department will have a right to
enter or re-enter said lands and facilities on said land, and that above described land
and facilities will thereon revert to and vest in and become the absolute property of the
U.S. Department of Transportation and its assigns as such interest existed prior to this
instruction].*
(*Reverter clause and related language to be used only when it is determined that such
a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX 3
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar
instruments entered into by the Recipient pursuant to the provisions of Specific
Assurance 7(a):
A. The (Recipient, lessee, permittee, etc. as appropriate) for himself/herself, his/her
heirs, personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree [in the case of deeds and
leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the
property described in this (deed, license, lease, permit, etc.) for a purpose for
which a U.S. Department of Transportation activity, facility, or program is
extended or for another purpose involving the provision of similar services or
benefits, the (Recipient, licensee, lessee, permittee, etc.) will maintain and
operate such facilities and services in compliance with all requirements imposed
by the Acts and Regulations (as may be amended) such that no person on the
grounds of race, color, or national origin, will be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of
said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the
above Non- discrimination covenants, Recipient will have the right to terminate the
(lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and
facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never
been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination
covenants, the Recipient will have the right to enter or re-enter the lands and
facilities thereon, and the above described lands and facilities will there upon revert
to and vest in and become the absolute property of the Recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such
a clause is necessary to make clear the purpose of Title VI.)

APPENDIX 4
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER
THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar
instruments/agreements entered into by Recipient pursuant to the provisions of
Specific Assurance 7(b):
A. The (Recipient, licensee, permittee, etc., as appropriate) for himself/herself, his/her
heirs, personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree (in the case of deeds and
leases add, “as a covenant running with the land”) that (1) no person on the ground
of race, color, or national origin, will be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said facilities,
(2) that in the construction of any improvements on, over, or under such land, and
the furnishing of services thereon, no person on the ground of race, color, or national
origin, will be excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination, (3) that the (Recipient, licensee, lessee, permittee, etc.)
will use the premises in compliance with all other requirements imposed by or
pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the
above Non-discrimination covenants, Recipient will have the right to terminate the
(license, permit, etc., as appropriate) and to enter or re-enter and repossess said
land and the facilities thereon, and hold the same as if said (license, permit, etc., as
appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination
covenants, Recipient will there upon revert to and vest in and become the absolute
property of Recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such
a clause is necessary to make clear the purpose of Title VI.)

APPENDIX 5
During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the “contractor”) agrees to comply with
the following non- discrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R.
Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or
whose property has been acquired because of Federal or Federal-aid programs
and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits
discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part
27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color, national origin,
or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit
discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain
testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of
Transportation regulations at 49 C.F.R. Parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures
nondiscrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;

• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to
74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits
you from discriminating because of sex in education programs or activities (20
U.S.C.
§ 1681 et seq).

TERM F.2
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS
2 C.F.R. Parts 180 and 1200
These assurances and certifications are applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase
orders, lease agreements, consultant contracts or any other covered transaction
requiring FHWA approval or that is estimated to cost $25,000 or more – as
defined in 2 C.F.R. Parts 180 and 1200.
By signing and submitting the Technical Application and by entering into this agreement
under the FY 2022 and FY 2023 CFI, the Recipient is providing the assurances and
certifications for First Tier Participants and Lower Tier Participants in the FY 2022 and
FY 2023 CFI, as set out below.
1. Instructions for Certification – First Tier Participants:
a. The prospective first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out below will not
necessarily result in denial of participation in this covered transaction. The
prospective first tier participant shall submit an explanation of why it cannot
provide the certification set out below. The certification or explanation will be
considered in connection with the department or agency’s determination whether
to enter into this transaction. However, failure of the prospective first tier
participant to furnish a certification or an explanation shall disqualify such a
person from participation in this transaction.
c. The certification in this clause is a material representation of fact upon which
reliance was placed when the contracting agency determined to enter into this
transaction. If it is later determined that the prospective participant knowingly
rendered an erroneous certification, in addition to other remedies available to the
Federal Government, the contracting agency may terminate this transaction for
cause of default.
d. The prospective first tier participant shall provide immediate written notice to the
contracting agency to whom this proposal is submitted if any time the
prospective first tier participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.

e. The terms “covered transaction,” “civil judgment,” “debarred,” “suspended,”
“ineligible,”, “participant,” “person,” “principal,” and “voluntarily excluded,” as used
in this clause, are defined in 2 C.F.R. Parts 180 and 1200. “First Tier Covered
Transactions” refers to any covered transaction between a Recipient or
subrecipient of Federal funds and a participant (such as the prime or general
contract). “Lower Tier Covered Transactions” refers to any covered transaction
under a First Tier Covered Transaction (such as subcontracts). “First Tier
Participant” refers to the participant who has entered into a
covered transaction with a Recipient or subrecipient of Federal funds (such as the
prime or general contractor). “Lower Tier Participant” refers to any participant who
has entered into a covered transaction with a First Tier Participant or other
Lower Tier Participants (such as subcontractors and suppliers).
f. The prospective first 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 by the department or agency entering
into this transaction.
g. The prospective first 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 Transactions,” provided
by the department or contracting agency, entering into this covered transaction,
without modification, in all lower tier covered transactions and in all solicitations
for lower tier covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction,
unless it knows that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible
to participate in covered transactions. To verify the eligibility of its principals, as
well as the eligibility of any lower tier prospective participants, each participant
may, but is not required to, check the System for Award Management website
(https://www.sam.gov/), which is compiled by the General Services
Administration.
i. Nothing contained in the foregoing shall be construed to require the
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of the

prospective participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) 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 other remedies
available to the Federal Government, the department or agency may terminate
this transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion –
First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and
belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered transactions by
any Federal department or agency;
(2) Have not within a three-year period preceding this proposal been convicted of
or had a civil judgment, including a civil settlement, rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local)
transaction or contract under a public transaction; violation of Federal or
State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this application/proposal had
one or more public transactions (Federal, State or local) terminated for cause
or default.
b. Where the prospective participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this
proposal.
2. Instructions for Certification - Lower Tier Participants:

(Applicable to all subcontracts, purchase orders and other lower tier transactions
requiring prior FHWA approval or estimated to cost $25,000 or more - 2 C.F.R. Parts 180
and 1200)
a. The prospective lower tier participant is providing the certification set out below.
b. 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, the
department, or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to
the person to which this proposal is submitted if at any time the prospective
lower tier participant learns that its certification was erroneous by reason of
changed circumstances.
d. The terms “covered transaction,” “civil settlement,” “debarred,” “suspended,”
“ineligible,” “participant,” “person,” “principal,” and “voluntarily excluded,” as used
in this clause, are defined in 2 C.F.R. Parts 180 and 1200. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of
those regulations. “First Tier Covered Transactions” refers to any covered
transaction between a Recipient or subrecipient of Federal funds and a
participant (such as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). “First Tier Participant” refers to the
participant who has entered into a covered transaction with a Recipient or
subrecipient of Federal funds (such as the prime or general contractor). “Lower
Tier Participant” refers any participant who has entered into a covered
transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
e. 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 by the department or agency with which
this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal
that it will include this 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 exceeding the $25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction,
unless it knows that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to
participate in covered transactions. To verify the eligibility of its principals, as
well as the eligibility of any
lower tier prospective participants, each participant may, but is not required to,
check the System for Award Management website (https://www.sam.gov/),
which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment
of a system of records in order to render in good faith the certification 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 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 other remedies
available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension
and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --
Lower Tier Participants:
1. The prospective lower tier participant certifies, by submission of this proposal,
that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an
explanation to this proposal.

TERM F.3
REQUIREMENTS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION
UNDER ANY FEDERAL LAW
As required by sections 744 and 745 of Title VII, Division E of the Consolidated
Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022), and implemented
through USDOT Order 4200.6, the funds provided under this award shall not be used to
enter into a contract, memorandum of understanding, or cooperative agreement with,
make a grant to, or provide a loan or loan guarantee to, any corporation that:
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial
and administrative remedies have been exhausted or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the awarding agency is aware of
the unpaid tax liability, unless a Federal agency has considered suspension or
debarment of the corporation and made a determination that suspension or
debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency is aware of the conviction,
unless a Federal agency has considered suspension or debarment of the
corporation and made a determination that suspension or debarment is not
necessary to protect the interests of the Government.
The Recipient therefore agrees:
1. Definitions. For the purposes of this exhibit, the following definitions apply:
“Covered Transaction” means a transaction that uses any funds under this award
and that is a contract, memorandum of understanding, cooperative agreement,
grant, loan, or loan guarantee.
“Felony Conviction” means a conviction within the preceding 24 months of a felony
criminal violation under any Federal law and includes conviction of an offense
defined in a section of the United States Code that specifically classifies the offense
as a felony and conviction of an offense that is classified as a felony under 18 U.S.C.
3559.
“Participant” means the Recipient, an entity who submits a proposal for a Covered
Transaction, or an entity who enters into a Covered Transaction.
“Tax Delinquency” means an unpaid Federal tax liability that has been assessed, for
which

all judicial and administrative remedies have been exhausted, or have lapsed, and
that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability.
2. Mandatory Check in the System for Award Management. Before entering a Covered
Transaction with another entity, a Participant shall check the System for Award
Management (the “SAM”) at http://www.sam.gov/ for an entry describing that entity.
3. Mandatory Certifications. Before entering a Covered Transaction with another entity,
a Participant shall require that entity to:
(1) Certify whether the entity has a Tax Delinquency; and
(2) Certify whether the entity has a Felony Conviction.
4. Prohibition. If
(1) the SAM entry for an entity indicates that the entity has a Tax Delinquency or
a Federal Conviction;
(2) an entity provides an affirmative response to either certification in section 3;
or
(3) an entity’s certification under section 3 was inaccurate when made or
became inaccurate after being made
then a Participant shall not enter or continue a Covered Transaction with that entity
unless the USDOT has determined in writing that suspension or debarment of that
entity are not necessary to protect the interests of the Government.
5. Mandatory Notice to the USDOT FHWA.
(a) If the SAM entry for a Participant indicates that the Participant has a Tax
Delinquency or a Felony Conviction, the Recipient shall notify the USDOT FHWA
in writing of that entry.
(b) If a Participant provides an affirmative response to either certification in section
1, the Recipient shall notify the USDOT FHWA in writing of that affirmative
response.
(c) If the Recipient knows that a Participant’s certification under section 1 was
inaccurate when made or became inaccurate after being made, the Recipient
shall notify the USDOT FHWA in writing of that inaccuracy.
6. Flow Down. For all Covered Transactions, including all tiers of subcontracts and

subawards, the Recipient shall:
(1) require the SAM check in section 2;
(2) require the certifications in section 3;
(3) include the prohibition in section 4; and
(4) require all Participants to notify the Recipient in writing of any information
that would require the Recipient to notify the USDOT FHWA under section
5.

TERM F.4
RECIPIENT POLICY TO BAN TEXT MESSAGING WHILE DRIVING
(a) Definitions. The following definitions are intended to be consistent with the
definitions in DOT Order 3902.10, Text Messaging While Driving (Dec. 30, 2009) and
Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving
(Oct. 1, 2009). For clarification purposes, they may expand upon the definitions in the
executive order.
For the purpose of this Term B.4, “Motor Vehicles” means any vehicle, self-propelled or
drawn by mechanical power, designed and operated principally for use on a local, State
or Federal roadway, but does not include a military design motor vehicle or any other
vehicle excluded under Federal Management Regulation 102-34-15.
For the purpose of this Term B.4, “Driving” means operating a motor vehicle on a
roadway, including while temporarily stationary because of traffic congestion, a traffic
signal, a stop sign, another traffic control device, or otherwise. It does not include being
in your vehicle (with or without the motor running) in a location off the roadway where it
is safe and legal to remain stationary.
For the purpose of this Term B.4, “Text messaging” means reading from or entering
data into any handheld or other electronic device (including, but not limited to, cell
phones, navigational tools, laptop computers, or other electronic devices), including for
the purpose of Short Message Service (SMS) texting, e-mailing, instant messaging,
obtaining navigational information, or engaging in any other form of electronic data
retrieval or electronic data communication. The term does not include the use of a cell
phone or other electronic device for the limited purpose of entering a telephone number
to make an outgoing call or answer an incoming call, unless this practice is prohibited
by State or local law. The term also does not include glancing at or listening to a
navigational device that is secured in a commercially designed holder affixed to the
vehicle, provided that the destination and route are programmed into the device either
before driving or while stopped in a location off the roadway where it is safe and legal to
remain stationary.
For the purpose of this Term B.4, the “Government” includes the United States
Government and State, local, and tribal governments at all levels.
(b) Workplace Safety. In accordance with Executive Order 13513, Federal Leadership on
Reducing Text Messaging While Driving (Oct. 1, 2009) and DOT Order 3902.10, Text
Messaging While
Driving (Dec. 30, 2009), the Recipient, subrecipients, contractors, and subcontractors
are encouraged to:

(1) adopt and enforce workplace safety policies to decrease crashes caused by
distracted drivers including policies to ban text messaging while driving—
(i) Company-owned or -rented vehicles or Government-owned, leased or
rented vehicles; or
(ii) Privately-owned vehicles when on official Government business or
when performing any work for or on behalf of the Government.
(2) Conduct workplace safety initiatives in a manner commensurate with the size
of the business, such as—
(i) Establishment of new rules and programs or re-evaluation of existing
programs to prohibit text messaging while driving; and
(ii) Education, awareness, and other outreach to employees about the
safety risks associated with texting while driving.
(c) Subawards and Contracts. To the extent permitted by law, the Recipient shall insert
the substance of this exhibit, including this paragraph (c), in all subawards, contracts,
and subcontracts under this award that exceed the micro-purchase threshold, other
than contracts and subcontracts for the acquisition of commercially available off-the-
shelf items.