Skip to main content

Tools & Programs: SEP-15

Texas Toll Roads Statewide Open-Road Toll Collection System Project (TX Toll Collection System)

Comprehensive Development Agreement TxDot Statewide Open-Road Toll Collection System

SECTION 25. CERTAIN ADDITIONAL FEDERAL AND STATE PROVISIONS

25.1 Title 49, Code of Federal Regulations, Part 29 Debarment and Suspension Certifications

Developer certifies, under penalty of perjury, that except as noted below, it, nor any other person associated with Developer in the capacity of owner, partner, director, officer, manager is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any manner involving fraud or official misconduct within the past 3 years.

Exceptions to this certification are as follows: [Insert list of exceptions, if any.]

25.2 Certification Regarding Use of Contract Funds for Lobbying

Developer certifies, to the best of its knowledge and belief (after due inquiry and investigation), that:

No Federal appropriated funds have been paid or will be paid, by or on behalf of Developer, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of 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;

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, " Disclosure Form to Report Lobbying," in accordance with its instructions.

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. 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.

Developer shall require that the language of this certification be included in all lower tier Subcontracts which exceed $100,000 and that all such recipients shall certify and disclose accordingly.

25.3 Child Support Statement for State Grants, Loans and Contracts

Under Section 231.006, Family Code, Developer certifies that Developer is eligible to receive the payments provided for hereunder and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate.

Listed below are the names and social security numbers of the individual or sole proprietor and each partner, shareholder or owner with an ownership interest of at least 25% of Developer.

Section 231.006, Texas Family Code, specifies that a child support obligor who is more than 30 Days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property, materials, or services; or receive a state-funded grant or loan.

A child support obligor or business entity ineligible to receive payments described above remains ineligible until all arrearage have been paid or the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency.

Except as provided by Section 231.302(d), Family Code, a social security number is confidential and may be disclosed only for the purposes of responding to a request for information from an agency operating under the provisions of Parts A and D of Title IV of the federal Social Security Act (42 U.S.C. Section 601-617 and 651-669).

Concurrent with execution of this Agreement, Developer shall submit duplicates of the foregoing statement signed on behalf of all partners, members or joint venturers of the Developer and all other Major Participants.

25.4 Equal Employment Opportunity Certification

Developer hereby certifies that it has _______ has not ____ participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that, where required, it has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.

DEVELOPER ACKNOWLEDGES THAT THE FOREGOING CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS IS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS SHALL BE EXECUTED BY THE DEVELOPER AND EACH NON-EXEMPT SUBCONTRACTOR.

THE FOLLOWING CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS SHALL BE EXECUTED BY THE DEVELOPER AND EACH NONEXEMPT SUBCONTRACTOR.

IN WITNESS WHEREOF, this Agreement has been executed as of ______________________, 2005.

Developer: TEXAS DEPARTMENT OF _____________ TRANSPORTATION

By By Name: Title:

Registration No.:_________

Date: ____________________, 2005

APPROVED AS TO FORM:

By

Previous | Table of Contents

Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000
To view PDF files download the Adobe Acrobat Reader®