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GRANT AGREEMENT BETWEEN THE 

U.S. DEPARTMENT OF TRANSPORTATION 

AND THE MANISTEE BLACKER AIRPORT AUTHORITY,:IN: 

ASSOCIATION WITH THE COMMUNITYOF. '/ l (·, .) ' :- ' 

MANISTEE/LUNDINGTON, MICHIGAN, UNDER'' 

THE ALTERNATE ESSENTIAL AIR SERVICE PROGRAM 

WHEREAS, the Manistee Blacker Airport Authority (hereinafter referred to as the 

Grantee), in association with the Essential Air Service (EAS) eligible community of 

Manistee/Ludington, Michigan, has submitted an application for participation in the 

Alternate Essential Air Service (AEAS) Program and the U.S. Department of 

Transportation (DOT) has established annual air service levels and total costs. 

THEREFORE, DOT, acting for the UNITED STATES, presents this Grant Award and 

Agreement to the Grantee for up to $4,199,075 for Alternate Essential Air Service at the 

community for a two-year term. Unless otherwise defined in this Grant Agreement, 

capitalized terms shall have the meanings assigned to such terms in Section D hereof. 

THIS GRANT AWARD AND AGREEMENT IS MADE ON AND SUBJECT TO 

THE FOLLOWING TERMS AND CONDITIONS: 

A. GENERAL CONDITIONS 

1. The eligibility of Manistee/Ludington, Michigan, under the AEAS Program, 

shall be contingent upon its continuing to meet all the eligibility criteria for 

inclusion in the basic EAS Program as defined by 49 U.S.C. §§ 41731-42. 

2. The Grantee, in association with the community of Manistee/Ludington, 

Michigan, will forgo participation in the basic EAS Program for a two-year 

period, beginning when scheduled service under the AEAS Program at the 

community is inaugurated. 

3. The Grantee will contract with a Part 380 indirect air carrier to provide 

scheduled charter air transportation to Chicago Midway International Airport 

(MDW), a medium-hub airport. 

4. The maximum obligation of the United States reimbursable under this Grant 

Agreement shall be $4,199,075. 

5. Payment by the United States for AEAS will be made pursuant to and in 

accordance with the provisions of such regulations and procedures as DOT 

may prescribe. 

6. The Grantee, including any third parties, shall provide AEAS without undue 

delays and in accordance with the terms hereof and pursuant to any 

regulations and procedures as DOT may prescribe. 

7. This Grant Award constitutes an obligation of Federal funding. This Grant 

.\ward shall expire and the United States shall not be obligated to reimburse 

any part of the costs of the project unless the Grantee signs this Grant 

Agreement on or before May 3. 2012. or such subsequent date as may be 

prescribed in writing by DOT. Ifthe Grantee makes any substantive changes 
to this Grant Agreement, such changes shall constitute proposed amendments 

to this Grant A ward and Agreement and further action on the part of DOT is 

required in order for DOT to accept such proposed amendments to the initial 

Grant A ward obligation. 

8. The Grantee shall take all steps, including litigation, if necessary, to recover 

Federal funds when DOT determines, after consultation with the Grantee, that 

such funds have been spent fraudulently, wastefully, or in violation of Federal 

laws, or misused in any manner in any project upon which Federal funds have 

been expended. For the purposes of this Grant Agreement, the term "Federal 

funds" means funds however used or disbursed by the Grantee that were 

originally paid pursuant to this Grant Agreement. 

9. The Grantee shall retain all documents relevant to the Grant A ward and 

Agreement for a period of seven years after air service undertaken pursuant to 

the Grant Agreement and receipt of final reimbursement from the U.S. 

Treasury, whichever is later. It shall furnish DOT, upon request, all 

documents and records pertaining to the determination ofthe amount of the 

Federal funds or to any settlement, litigation, negotiation, or other efforts 

taken to recover such funds. All settlements or other final positions of the 

Grantee, in court or otherwise, involving the recovery of such Federal funds 

shall be approved in advance by DOT. 

I 0. The United States shall not be responsible or liable for damage to property or 

injury to persons that may arise from, or be incident to, compliance with this 

Grant Agreement. 

11. The Grantee shall ensure compliance with Federal regulations requiring 

conduct of a Federally-approved audit of any expenditure of funds of 

$500,000 or more in a year in Federal awards. 

12. The provisions of 49 CFR Part 18, including Section 18.36 (DOT's 

procurement standards for grants), will apply to the extent that the Grantee 

procures property and services in carrying out AEAS. 

B. APPLICATION OF SPECIFIC CONDITIONS 

1. Grantee: The Manistee Blacker Airport Authority, as the Grantee under the 

AEAS Program, shall administer the Grant according to the conditions set 

forth in this Grant Agreement. 

Grantee Contact: 

Mr. Barry Lind 

Airport Director 

Manistee County Blacker Airport 

23 23 Airport Road 

Manistee, Michigan 49660 

Phone: (231) 723-4351 

Fax: (231) 723-8814 

Email: manisteeairport@gmail.com 
2. Purpose: For the Grantee to contract with a Part 380 indirect air carrier to 

provide scheduled public charter air transportation from the Community to 

Chicago Midway International Airport (MDW), a medium-hub airport. The 

Grant Award will comprise reimbursement of start-up costs and costs incurred 

per completed flight segment for a period of two years, as set forth in Section 

B.3, below. 

3. Alternate Essential Air Service 

a. Service will be provided using two-pilot, twin-engine aircraft with 19 

seats or larger equipment. 

b. Equivalent service with substitute aircraft in the event of mechanical 

problems or other unforeseen circumstances is acceptable. 

c. Service levels may fluctuate to reflect seasonal changes in demand and to 

provide greater frequency than planned; however, no more than 24,971 

passenger seats flown in the first year of service and no more than 19,361 

passenger seats flown in the second year of service will be funded under 

this Grant Agreement. 

d. In the event of early termination of the contract with the indirect air carrier 

by the Grantee, the Grantee shall immediately notify DOT whether it 

intends to continue to maintain its link to the national air transportation 

system through AEAS by finding a new indirect air carrier to provide the 

service described herein for the remainder of this Grant Agreement's twoyear term or to re-enter the traditional EAS program. The Grantee and the 

indirect air carrier will agree to a "hold-in" period while the Grantee or 

DOT secures replacement air service, depending ~m the Grantee's 

preference to continue the AEAS or revert to basic EAS. 

e. All scheduled flights performed under this agreement are to be operated in 

a sterile environment. Passengers and accompanying baggage will be 

screened by the Transportation Security Administration at MDW and the 

Manistee County Blacker Airport. At MDW, passengers and 

accompanying baggage would deplane into a sterile terminal environment. 

f. Subject to the terms set forth in this Grant Agreement, DOT reserves the 

right to terminate the Grant Agreement, and DOT's obligations hereunder, 

on 30 days' prior written notice, unless otherwise agreed between the 

Grantee and DOT, if the Grantee does not meet the conditions and 

obligations specified under this Grant Agreement, and/or DOT determines 

that termination is in the public interest. 

g. Either party may seek to amend or modify this Grant Agreement on 

30 days' prior written notice to the other party. The Grant Agreement will 

be amended or modified only on mutual written agreement by both parties. 

h. At any time, on 30 days' prior written notice, DOT may terminate this 

Grant Agreement. 

1. Upon termination or expiration of this Grant Agreement DOT will retain 

any remaining unspent funds. 
4. Reimbursement 

a. Allowable Maximum: All payments by DOT to the Grantee for AEAS at 

the community will be on a reimbursable basis and shall not exceed 

$2,143,294 in the first year and $2,055,781 for the second. 

b. Start-Up Costs: 

1. First-year payments by DOT to the Grantee shall include a 

maximum reimbursement of $200,000 in start-up costs incurred for 

starting the service. Examples of start-up costs that may be 

reimbursed include but are not limited to pre-service marketing, 

station startup costs, and personnel training. 

11. In its agreements with the carrier, the Grantee will ensure that if 

the carrier terminates service during the first year of service under 

this Agreement, the carrier shall owe the Grantee a pro-rata portion 

of the $200,000 start-up costs based on the number of passenger 

seats that were flown compared to the yearly maximum number of 

operated seats of24,971 passenger seats (510 flights x 30 seats+ 

509 x 19 seats). Any prorated funds the Grantee receives from the 

carrier will be reimbursed to DOT. 

c. Completed Flight Segments: 

1. During the first year of service, DOT will reimburse the Grantee 

$77.82 per passenger seats flown for up to 24,971 passenger seats 

[ ($2, 143,294-$200,000)/24, 971]. 

11. During the second year of service, DOT will pay the Grantee 

$106.18 per passenger seat flown for up to 19,3 61 passenger seats. 

($2,055, 781/19,361 ). 

d. Requirements: 

1. To receive reimbursements of start-up costs or payments for 

completed flight segments, the Grantee must first submit to DOT 

documentary evidence of expenditures. DOT will review the 

documentary evidence of expenditures provided by the Grantee 

and will promptly process appropriate reimbursements to the 

Grantee. 

e. DOT will not reimburse the Grantee for any expenses incurred before the 

execution of this Grant Agreement. 

f. DOT will not reimburse the Grantee for any expenses incurred after the 

expiration or termination of this Grant Agreement. 

g. The Grantee shall ensure that reimbursements provided by DOT are not 

misappropriated or misdirected to any other account, need, project, lineitem, or the like. 

h. All requests for reimbursements shall be made by the Grantee within 60 

calendar days of the relevant expenditures. 

5. Reports: The Grantee shall provide monthly reports of its expenditures to 

DOT. Monthly reports shall include the following infonnation: (i) number of 

flights scheduled; (ii) number of flights completed; (iii) number of passengers 
carried; and (iv) total revenue. Monthly reports are due no later than 15 

calendar days after the close of each month. 

6. Grantee Obligations 

a. The Grantee shall, within 15 calendar days after their execution, provide 

DOT with a copy of all agreements executed between the Grantee and any 

air carriers, or other parties related to the Grantee's AEAS. The Grantee 

shall, within 15 calendar days after execution, also provide DOT with 

notice of any amendment to, or termination of such agreements. The 

Grantee shall ensure that all agreements entered into with third parties 

regarding this grant are consistent with this Grant Agreement and the 

documents incorporated by reference into the Grant Agreement. 

b. The Grantee shall ensure that the obligations set forth in this Grant 

Agreement are met. Failure to do so may result in termination of the 

Grant Agreement by DOT. 

C. ASSURANCES 

The Grantee shall execute the attached assurances and certifications (Assurances) 

in conjunction with its signing of this Grant Agreement and shall ensure its 

compliance with these Assurances and any amendments or modifications thereto. 

D. DEFINITIONS 

Agreement: Any written contract or obligation between the Grantee and/or all 

parties identified in the application for AEAS. 

Application or AEAS Application: The complete document submitted by the 

Grantee to DOT in Dockets OST-1996-1711 and 2004-18715, including any 

amendments. 

Indirect air carrier: A DOT approved tour operator authorized to sell air travel 

directly to the public, and that will contract a DOT certified direct air carrier who 

carries an FAA-issued Air Carrier Certificate for the provision of aircraft and 

associated flight services necessary to provide air passenger service under this 

agreement. 

Community: All parties identified in the Grant Application as participating in 

AEAS, including the designated Grantee. 

DOT: United States Department of Transportation. 

Execution of Grant Agreement: Signing of the written Grant Agreement by 

DOT and Grantee. 

5 
Grant Agreement: The written agreement between DOT and the Grantee for 

Alternate EAS, incorporating by reference, except to the extent othenvise 

inconsistent with the terms of the written agreement, the original application filed 

on January 5, 2012. in Dockets OST-1996-1711 and 2004-18715, including any 

amendments. 

Grant Recipient/Grantee: Community receiving Alternate EAS, including the 

Grantee. 

Passenger Seat Flown: The number of seats on the aircraft flown under this 

AEAS Grant Agreement regardless of whether there is a passenger in the seat. 

Party: DOT and/or the Grantee, as the context indicates. 

The Alternate Essential Air Service (AEAS) Program: One of Community and 

Regional Choice Programs originally established under Vision 1 00-The Century 

in Aviation Reauthorization Act, P.L. 108-176, and codified in 49 U.S.C. 41745. 

Grantee Obligations: Material responsibilities of the Grantee under this Grant 

Agreement and those documents incorporated by reference into the Grant 

Agreement as set forth above (Definition of Grant Agreement). 

Grantee: The designated representative to administer and oversee 

implementation of the Grant Agreement and fulfillment ofthe authorized 

Alternate EAS. 

6 
GRANT AWARD 

This Grant Award and Agreement is made in accordance with 49 U.S.C. §§ 41731 and 

41745 and is subject to the terms and conditions and the Assurances attached hereto and 

incorporated herein. 

Executed this _3 ___ day of May, 2012. 

United States Department of Transportation 

(SEAL) 

Deputy Assistant Secretary 

for Aviation and International Affairs 

ACCEPTANCE 

The undersigned Grantee agrees to accomplish Alternate Essential Air Service in 

compliance with the terms and conditions of this Grant Agreement and the Assurances 

attached hereto and incorporated herein. 

Executed this 2nd day of Mtty 

(SEAL) 

Attest: 't) &.l.I'U1)~1 d 

'2012. 

Manistee Blacker Airport Authority 

Manistee, Michigan 

Sign~re ofGrantee·s Designated Official Representative 

Printed Name 

7 
OFFICE OF THE SECRETARY 

DEPARTMENT OF TRANSPORTATION 

TITLE VI ASSURANCE 

Attachments 

(Implementing Title VI of the Civil Rights Act of 1964, as amended) 

ASSURANCE CONCERNING NONDISCRIMINATION ON THE 

BASIS OF DISABILITY IN FEDERALLY-ASSISTED PROGRAMS 

AND ACTIVITIES RECEIVING OR BENEFITING FROM 

FEDERAL FINANCIAL ASSISTANCE 

(Implementing the Rehabilitation Act of 1973, as amended, and the 

Air Carrier Access Act of 1986) 

49 CFR Parts 21 and 27 and 14 CFR Parts 271 and 382 

lll<Wi/tee &cker A,I--IJod Ador<zy(the Grant Recipient) HEREBY AGREES THAT, 

(Name of Grant Recipiend 

I. As a condition to receiving any Federal financial assistance from the Department of 

Transportation, it will comply: with Title VI of the Civil Rights Act of 1964, as amended, 42 

U.S.C. 2000d--42 U.S.C. 2000d-4; all requirements imposed by or pursuant to: Title 49, Code of 

Federal Regulations, Part 21, Nondiscrimination in Federally-Assisted Programs of the 

Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964; and 

other pertinent directives so 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 the Department of Transportation. This assurance is 

required by Title 49, Code of Federal Regulations, section 21.7(a) and Title 14, Code of Federal 

Regulations, section 2 71. 9( c). 

II. As a condition to receiving any Federal financial assistance from the Department of 

Transportation, it will comply with: section 504 of the Rehabilitation Act of 1973, as amended, 

29 U.S.C. 794; the Air Carrier Access Act of 1986,49 U.S.C. 1374(c); and all requirements 

imposed by or pursuant to Title 49, Code of Federal Regulations, Part 27, Nondiscrimination on 

the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal 

Financial Assistance, Title I 4, Code of Federal Regulations, Part 382. Nondiscrimination on the 

Basis of Handicap in Air Travel; and other pertinent directives so that no otherwise qualified 

person with a disability be excluded from participation in, be denied the benefits of, be 

discriminated against by reason of such handicap in the provision of air transportation. or 

otherwise be subjected to discrimination under any program for which the Recipient receives 

Federal financial assistance 
from the Department of Transportation. This assurance is required by Title 49, Code of Federal 

Regulations, section 27.9 and Title 14, Code of Federal Regulations, sections 271.9(c) and 382.9. 

III. It will promptly take any measures necessary to effectuate this Grant Agreement. The 

Recipient further agrees that it shall take reasonable actions to guarantee that it, its contractors 

and subcontractors subject to the Department of Transportation regulations cited above, 

transferees, and successors in interest will comply with all requirements imposed by or pursuant 

to the statutes and Department of Transportation regulations cited above, other pertinent 

directives, and the above assurances. 

IV. These assurances obligate the Recipient for the period during which Federal financial 

assistance is extended. The Recipient agrees that the United States has a right to seek judicial 

enforcement with regard to any matter arising under the statutes and Department of 

Transportation regulations cited above, other pertinent directives, and the above assurances. 

V. These assurances are given for the purpose of obtaining Federal grant assistance under 

the Alternate Essential Air Service Program and are binding on the Recipient, contractors, 

subcontractors, transferees, successors in interest, and all other participants receiving Federal 

grant assistance in the Alternate Essential Air Service Program. The person or persons whose 

signatures appear below are authorized to sign this Grant Agreement on behalf of the Grant 

Recipient. 

VI. In addition to these assurances, the Recipient agrees to file: a summary of all complaints 

filed against it within the past year that allege violation(s) by the Recipient of Title VI of the 

Civil Rights Act of 1964, as amended, section 504 of the Rehabilitation Act of 1973, as 

amended, or the Air Carrier Access Act of 1986; or a statement that there have been no 

complaints filed against it. The summary should include the date the complaint was filed, the 

nature of the complaint, the status or outcome of the complaint (i.e., whether it is still pending or 

how it was resolved). 

Date 

ll1antJ·iee. Bla.<:ker A,l-iort· Aai/...Jrdy 

Legal Name of Grant Recipient 

Signature of Authorized Official 
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

OFFICE OF AVIATION ANALYSIS 

CERTIFICATION REGARDING INFLUENCING ACTIVITIES 

Certification for Contracts, Grants, Loans, 

and Cooperative Agreements 

The undersigned certifies, to the best of his or her knowledge and belief, that: 

(I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the 

undersigned, to any person for influencing or attempting to influence an officer or employee of any 

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. 

(2) 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 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 Influencing Activities," in 

accordance with its instructions. 

(3) The undersigned shall require that the language of this certification be included in the award 

documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under 

grants, loans and cooperative agreements) and that all subrecipients shall certifY and disclose 

accordingly. 

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 section 1352, title 31, U.S. Code. 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. 

Sigi'lature Date I ' 
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

OFFICE OF AVIATION ANALYSIS 

CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS 

IN THE PERFORMANCE OF AIR SERVICE PURSUANT TO GRANT A WARD 

UNDER THE ALTERNATE ESSENTIAL AIR SERVICE PROGRAM 

A. The grant recipient certifies that it will, or will continue, to provide a drug-free workplace by: 

(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, 

dispensing, possession or use of a controlled substance is prohibited in the grant recipient's 

workplace, and specifying the actions that will be taken against employees for violation of 

such prohibition; 

(b) Establishing an ongoing drug-free awareness program to inform employees about--

(1) The dangers of drug abuse in the workplace; 

(2) The grantee's policy of maintaining a drug-free workplace; 

(3) Any available drug counseling, rehabilitation, and employee assistance programs; 

and 

(4) The penalties that may be imposed upon employees for drug abuse violations 

occurring in the workplace; 

(c) Making it a requirement that each employee to be engaged in the performance of work 

supported by the grant award be given a copy of the statement required by paragraph (a); 

(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of 

employment supported by the grant award, the employee will--

( 1) Abide by the terms of the statement; and 

(2) Notify the employer in writing of his or her conviction for a violation of a criminal 

drug statute occurring in the workplace no later than five calendar days after such 

conviction; 

(e) Notifying the agency in writing, within ten calendar days after receiving notice under 

paragraph ( d)(2) from an employee or other-Wise receiving actual notice of conviction. 

Employers of convicted employees must provide notice, including position title, to the Office 

of Aviation Analysis. Notice shall include the order number of the grant award; 

(f) Taking one of the following actions, within 30 days of receiving notice under paragraph 

( d)(2), with respect to any employee who is so convicted--

( 1) Taking appropriate personnel action against such an employee, up to and including 

termination, consistent with the requirements of the Rehabilitation Act of 1973, as 

amended, or 

(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or 

rehabilitation program approved for such purposes by a Federal, State or local health, law 

enforcement, or other appropriate agency; 

(g) Making a good faith effort to continue to maintain a drug-tree workplace through 

implementation of paragraphs (a), (b), (c), (d), (e) and (t). 
B. The grant recipient may, but is not required to, insert in the space provided below the site for 

the performance of work done in connection with the specific grant. 

Places of Performance (street address, city, county, state, zip code). For the provision of air 

service pursuant to the grant award, workplaces include outstations, maintenance sites, 

headquarters office locations, training sites and any other worksites where work is performed 

that is supported by the grant award. 

Check [ ] if there are workplaces on file that are not identified here. 

Grant Recipient Signature 

,/]lk ..") _f 20/2 r:t L./tJ' 

Date ' 
ALTERNATE ESSENTIAL AIR SERVICE PROGRAM 

GRANT ASSURANCES 

APPLICABLE FEDERAL LAWS AND REGULATIONS 

By entering into this Grant Agreement, the Grantee assures and certifies, with respect to this grant, that 

it will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and 

requirements as they relate to the application, acceptance, and use of Federal funds for this project. 

Performance under this Agreement shall be governed by and in compliance with the following 

requirements as applicable to the type of organization of the Recipient and any applicable sub-recipients. 

The applicable provisions to the Agreement may include but are not limited to the following: 

1. General Federal Requirements 

Federal Legislation 

a. Davis-Bacon Act- 40 U.S.C. 3141, et seq. 

b. Federal Fair Labor Standards Act- 29 U.S.C. 201, et seq. 

c. Hatch Act- 5 U.S.C. 1501, et seq. 

d. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title - 42 

U.S.C. 4601, et seq. 

e. National Historic Preservation Act of 1966- Section 106- 16 U.S.C. 470f 

f. Archeological and Historic Preservation Act of 1974- 16 U.S.C. 469a through 469c. 

g. Native American Graves Protection and Repatriation Act- 25 U.S.C. 3001, et seq. 

h. Clean Air Act, P.L. 90-148, as amended 

1. Section 404 ofthe Clean Water Act, as amended 33 U.S.C. 1251, et seq. 

J. Section 7 of the Endangered Species Act, P.L. 93-205, as amended. 

k. Coastal Zone Management Act, P.L. 92-583, as amended. 

l. Flood Disaster Protection Act of 1973- Section 102(a)- 42 U.S.C. 4012a 

m. Age Discrimination Act of 1975-42 U.S.C. 6101, et seq. 

n. American Indian Religious Freedom Act, P.L. 95-341, as amended 

o. Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. 1101, et seq. 

p. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation 

Act of 1970, P.L. 91-616, as amended- 42 U.S.C. 4541, et seq. 

q. Sections 523 and 527 of the Public Health Service Act of 1912, as amended, 42U.S.C. 290dd 

through 290dd-2 

r. Architectural Barriers Act of 1968-42 U.S.C. 4151, et seq. 

s. Power Plant and Industrial Fuel Use Act of 1978, P.L. 100-42- Section 403- 42 U.S.C.8373 

t. Contract Work Hours and Safety Standards Act- 40 U.S.C. 3701, et seq. 

u. Copeland Anti-kickback Act, as amended- 18 U.S.C. 874 and 40 U.S.C. 3145 

v. Wild and Scenic Rivers Act, P.L. 90-542. as amended- 16 U.S.C. 1271, et seq. 

w. Federal Water Pollution Control Act, as amended- 33 U.S.C. 1251-1376 

x. Single Audit Act of 1984- 31 U.S.C. 7501, et seq. 

y. Americans with Disabilities Act of 1990-42 U.S.C. 12101, et seq. 
z. Title IX of the Education Amendments of 1972, as amended - 20 U .S.C. 1681 through 1683, and 

1685 through 1687 

aa. Section 504 of the Rehabilitation Act of 1973, as amended- 29 U.S.C. 794 

bb. Title VI of the Civil Rights Act of 1964- 42 U.S.C. 2000d et seq. 

cc. Title IX ofthe Federal Property and Administrative Services Act of 1949-40 U.S.C. 541, et seq. 

dd. Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and Financial 

Transactions- 31 U.S.C. 1352 

ee. Freedom of Information Act- 5 U.S. C. 552, as amended 

ff. Magnuson-Stevens Fishery Conservation and Management Act- 16 U.S.C. 1855 

gg. Farmlands Protection Policy Act of 1981 -7 U.S.C. 4201 

hh. Noise Control Act of 1972-42 U.S.C. 4901, et seq. 

ii. Fish and Wildlife Coordination Act of 1956- 16 U.S.C. 661 

jj. Section 9 ofthe Rivers and Harbors Act and General Bridge Act of 1946 -33 U.S.C. 401 

kk. Section 4(t) of the Department of Transportation Act of 1966, 49 U.S.C. 303 and 23 U.S.C. 138 

11. Resource Conservation and Recovery Act of 1976 (RCRA), as amended42 U.S.C. 6901, et seq. 

mm. Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 

as amended --42 U.S.C. 9601-9657 

nn. Safe Drinking Water Act-- 42 U.S.C. 300F-300J-6 

oo. WildemessAct--16U.S.C.1131-1136 

pp. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 

-- 42 U.S.C. 6901, et seq. 

qq. Migratory Bird Treaty Act 16 U.S.C. 760c-760g 

rr. The Federal Funding Transparency and Accountability Act of 2006, as amended (Pub. L. 109-

282, as amended by section 6202 of Public Law 11 0-252) 

ss. Cargo Preference Act of 1954- 46 U.S.C. 55305 

tt. Buy AmericaAct-23 U.S.C. 313 

Executive Orders 

a. Executive Order 11246 - Equal Employment Opportunity 

b. Executive Order 11990 - Protection of Wetlands 

c. Executive Order 11988 - Floodplain Management 

d. Executive Order 12372- Intergovernmental Review of Federal Programs 

e. Executive Order 12549- Debarment and Suspension 

f. Executive Order 12898 -Federal Actions to Address Environmental Justice in Minority 

Populations and Low-Income Populations 

g. Executive Order 13166 - Improving Access to Services for Persons With Limited English 

Proficiency 

General Federal Regulations 

a. Buy America Requirements 23 C.P.R. 635.410 Uniform Administrative Requirements for Grants 

and Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit 

Organizations- 2 C.P.R. Part 215 

b. Cost Principles for State and Local Governments- 2 C.F.R. Part 225 

c. ~on-procurement Suspension and Debarment- 2 C.F.R. Part 1200 
d. Investigative and Enforcement Procedures- 14 C.F.R. Part 13 

e. Procedures for predetermination of wage rates- 29 C.F.R. Part 1 

f. Contractors and subcontractors on public building or public work financed in whole or part by 

loans or grants from the United States - 29 C.F.R. Part 3 

g. Labor standards provisions applicable to contracts governing federally financed and assisted 

construction (also labor standards provisions applicable to non-construction contracts subject to 

the Contract Work Hours and Safety Standards Act) - 29 C.F.R. Part 5 

h. Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department 

of Labor (Federal and federally assisted contracting requirements)- 41 C.F.R. Parts 60, et seq. 

1. Contractor Qualifications- 48 C.F.R. Part 9 

J. Uniform administrative requirements for grants and cooperative agreements to state and local 

governments - 49 C.F.R. Part 18 

k. New Restrictions on Lobbying- 49 C.F.R. Part 20 

I. Nondiscrimination in Federally Assisted Programs of the Department of TransportationEffectuation of Title VI of the Civil Rights Act of 1964-49 C.F.R. Part 21 

m. Uniform relocation assistance and real property acquisition for Federal and Federally assisted 

programs- 49 C.F.R. Part 24 

n. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal 

Financial Assistance- 49 C.F.R. Part 25 

o. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting 

from Federal Financial Assistance- 49 C.P.R. Part 27 

p. Enforcement ofNondiscrimination on the Basis of Handicap in Programs or Activities 

Conducted by the Department of Transportation- 49 C.F.R. Part 28 

q. Denial of public works contracts to suppliers of goods and services of countries that deny 

procurement market access to U.S. contractors- 49 C.F.R. Part 30 

r. Government-wide Requirements for Drug-Free Workplace (Financial Assistance)- 49 C.F.R. 

Part 32 

s. DOT's implementing ADA regulations, including the ADA Accessibility Guidelines in Part 37, 

Appendix A- 49 C.F.R. Parts 37 and 38 

t. Procedures for Transportation Workplace Drug and Alcohol Testing Programs- 49 C.F.R. Part 

40 

u. Participation by Disadvantaged Business Enterprises in Department of Transportation Financial 

Assistance Programs- 49 C.F.R. Part 26 

v. Preference for Privately Owned Commercial U.S. Flag Vessels- 46 C.F.R. Part 381. 

Office of Management and Budget Circulars 

a. A-87- Cost Principles Applicable to Grants and Contracts with State and Local Governments 

b. A-1 02 -Grants and Agreements with State and Local Governments 

c. A-133- Audits of States, Local Governments, and Non-Profit Organizations 

d. Any other applicable OMB Circular based upon the specific grant recipient. 

The Grantee shall ensure that any use of airport funds in conjunction with this project comply fully with 

all regulations and policies ofthe Federal Aviation Administration for use of those funds. Specific 

assurances required to be included in grant agreements by any of the above laws, regulations, or 

circulars are incorporated by reference in the grant agreement. 
2. Responsibility and Authority of the Grantee. 

The Grantee assures and certifies that it has legal authority to apply for the grant, and to finance and 

carry out the proposed project; that a resolution, motion or similar action has been duly adopted or 

passed as an official act of the applicant's governing body authorizing the filing of the application, 

including all understandings and assurances contained therein, and directing and authorizing the person 

identified as the official representative of the applicant to act in connection with the application and to 

provide such additional information as may be required. 

3. Funds Availability. The Grantee assures and certifies that it has sufficient funds available for that 

portion of the project costs that are not to be paid by the United States. It has sufficient funds available 

to assure operation and maintenance of items funded under the grant agreement that it will own or 

control. 

4. Preserving Rights and Powers. 

The Grantee assures and certifies that it will not take or permit any action that would operate to deprive 

it of any ofthe rights and powers necessary to perform any or all ofthe terms, conditions, and 

assurances in the grant agreement without the written approval of DOT, and will act promptly to 

acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere 

with such performance by the Grantee. This shall be done in a manner acceptable to DOT. 

5. Accounting System, Audit, and Record Keeping Requirements. 

a. The Grantee assures and certifies that it shall keep all project accounts and records that fully disclose 

the amount and disposition by the recipient ofthe proceeds of the grant, the total cost ofthe project in 

connection with which the grant is given or used, and the amount or nature of that portion of the cost of 

the project supplied by other sources, and such other financial records pertinent to the project. The 

accounts and records shall be kept in accordance with an accounting system that will facilitate an 

effective audit in accordance with the Single Audit Act of 1984 (31 U.S.C. 7501-7507). 

b. The Grantee assures and certifies that it shall make available to DOT and the Comptroller General of 

the United States, or any of their duly authorized representatives, for the purpose of audit and 

examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. 

DOT may require that a recipient conduct an appropriate audit. In any case in which an independent 

audit is made of the accounts of a Grantee relating to the disposition of the proceeds of a grant or 

relating to the project in connection with which the grant was given or used, it shall file a certified copy 

of such audit with the Comptroller General of the United States not later than six (6) months following 

the close of the fiscal year for which the audit was made. 

6. Minimum Wage Rates. The Grantee assures and certifies that it shall include, in all contracts in 

excess of $2,000 for work on any projects funded under this grant agreement that involve labor, 

provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in 

accordance with the Davis-Bacon Act, as amended (40 U.S.C. § 3141 et seq.), which contractors shall 

pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and 

shall be included in proposals or bids for the work. 

7. Economic Nondiscrimination. In any agreement, contract, lease, or other arrangement under any 

project funded under this grant agreement and tor which a right or privilege at the airport is granted to 

any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing 
services to the public at the airport, the Grantee will insert and enforce provisions requiring the 

contractor to (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users 

thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, 

provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, 

rebates, or other similar types of price reductions to volume purchasers. 

8. Engineering and Design Services. The Grantee assures and certifies that it will award each contract 

or sub-contract for program management, construction management, planning studies, feasibility 

studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or 

related services with respect to the project in the same manner as a contract for architectural and 

engineering services is negotiated under Title IX of the Federal Property and Administrative Services 

Act of 1949 (40 U.S.C. §§ 1101-1104) or an equivalent qualifications-based requirement prescribed for 

or by the Grantee. 

9. Relocation and Real Property Acquisition. 

a. The Grantee assures and certifies that it will be guided in acquiring real property, to the greatest 

extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and 

will pay or reimburse property owners for necessary expenses as specified in Subpart B. 

b. The Grantee assures and certifies that it will provide a relocation assistance program offering the 

services described in Subpart C and fair and reasonable relocation payments and assistance to displaced 

persons as required in Subpart D and E of 49 CFR Part 24. 

c. The Grantee assures and certifies that it will make available within a reasonable period of time prior 

to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E 

of 49 CFR Part 24. 

10. Buy America. In accordance with DOT annual appropriations restrictions, funds provided under 

this award must be expended consistent with Sections 2 through 4 of the Act of March 3, 193 3 ( 41 

U.S.C. 10a-10c, popularly known as the "Buy American Act"). In accepting this award, the Grantee 

agrees to comply with such provisions and to review the provisions of the Act to ensure that all 

expenditures made under this award are consistent with such Act. 

SignatUre(;[ Authorized Grant Recipient Official 

A1a:y ~ zo/2 

Date 
TITLE VI ASSURANCE 

(Implementing Title VI of the Civil Rights Act of 1964, as amended) 

ASSURANCE CONCERNING NONDISCRIMINATION IN FEDERALLYASSISTED 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 

By entering into this Grant Agreement, the Grantee hereby agrees that: 

I. As a condition to receiving any Federal financial assistance from the U.S. Department of 

Transportation, Grantee will comply with: Title VI of the Civil Rights Act of 1964, as 

amended, 42 U.S.C. §§ 2000d-2000d-4; all requirements imposed by or pursuant to: 49 CFR 

Part 21, Nondiscrimination in Federally-Assisted Programs ofthe Department of 

Transportation--Effectuation of Title VI of the Civil Rights Act of 1964; and other pertinent 

directives so that no person in the United States shall, on the grounds of race, color, 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 Grantee receives Federal 

financial assistance from the Department of Transportation. This assurance is required by 49 

CFR § 21.7(a). 

2. As a condition to receiving any Federal financial assistance from the U.S. Department of 

Transportation, Grantee will comply with: Title IX of the Education Amendments of 1972, as 

amended, 20 U.S.C. §§ 1681-1683, 1685-1687, and DOT regulations, "Nondiscrimination on 

the Basis of Sex in Education Programs or Activities Receiving Federal Financial 

Assistance," 49 CFR Part 25, which prohibit discrimination on the basis of sex. As a 

condition to receiving any Federal financial assistance from the U.S. Department of 

Transportation, it will comply with: the Age Discrimination Act of 1975, as amended ( 42 

U.S.C. § 6101 et seq.), the Drug Abuse Office and Treatment Act of 1972, as amended (21 

U.S.C. § 1101 et seq.), the Comprehensive Alcohol Abuse and Alcoholism Prevention, 

Treatment and Rehabilitation Act of 1970, as amended ( 42 U.S.C. § 4541 et seq.); and any 

other nondiscrimination provisions in the specific statute(s) under which application for 

Federal assistance was made; and the requirements of any other nondiscrimination statute( s) 

which may apply to the Grantee. 

3. /\sa condition to receiving any Federal financial assistance from the Department of 

Transportation, it will comply with: section 504 of the Rehabilitation Act of 1973, as 

amended. (29 U.S.C. § 794); and all requirements imposed by or pursuant to 49 CFR Part 27, 

~ondiscrimination on the Basis of Handicap in Programs and Activities Receiving or 

Benefiting from Federal Financial Assistance: Part 37, Transportation Services for 
Individuals With Disabilities; and Part 38, Americans With Disabilities Act- Accessibility 

Specifications for Transportation Vehicles; and other pertinent directives so that no otherwise 

qualified person with a disability, be excluded from participation in, be denied the benefits 

of, be discriminated against by reason of such handicap, or otherwise be subjected to 

discrimination under any program for which the Grantee receives Federal financial assistance 

from the Department of Transportation. This assurance is required by 49 CFR § 27.9. 

4. The Grantee will promptly take any measures necessary to effectuate this Agreement. The 

Grantee further agrees that it shall take reasonable actions to guarantee that it, its contractors 

and subcontractors subject to the Department of Transportation regulations cited above, 

transferees, and successors in interest will comply with all requirements imposed or pursuant 

to the statutes and Department of Transportation regulations cited above, other pertinent 

directives, and the above assurances. 

5. These assurances obligate the Grantee for the period during which Federal financial 

assistance is extended. The Grantee agrees that the United States has a right to seek judicial 

enforcement with regard to any matter arising under the statutes and Department of 

Transportation regulations cited above, other pertinent directives, and the above assurances. 

6. These assurances are given for the purpose of obtaining Federal grant assistance under the 

Alternate Essential Air Service Program and are binding on the Grantee, contractors, 

subcontractors, transferees, successors in interest, and all other participants receiving Federal 

grant assistance in the Alternate Essential Air Service Program. The person or persons 

whose signatures appear below are authorized to sign this Agreement on behalf of the 

Grantee. 

In addition to these assurances, the Grantee agrees to file: a summary of all complaints filed 

against it within the past year that allege violation(s) by the Recipient of Title VI of the Civil 

Rights Act of 1964, as amended, section 504 of the Rehabilitation Act of 1973, as amended; or a 

statement that there have been no complaints filed against it. The summary should include the 

date the complaint was filed, the nature of the complaint, the status or outcome of the complaint 

(i.e., whether it is still pending or how it was resolved). 

Si~nature of Authorized Grant Recipient Official 

May~ 2012 

Date 
OFFICE OF THE SECRETARY OF TRANSPORTATION 

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER 

RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS 

2 C.F.R. Part 1200, 49 C.F.R. Part 32 

By entering into this Grant Agreement, the Grantee is providing the assurance and 

certification set out below. 

1. The inability of a person to provide the certification required below will not 

necessarily result in denial of participation in this covered transaction. The prospective 

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 primary participant to furnish a certification or an explanation 

shall disqualifY such person from participation in this transaction. 

2. The certification in this clause is a material representation of fact upon which reliance 

was placed when the department or agency determined to enter into this transaction. If it 

is later determined that the prospective primary participant knowingly rendered an 

erroneous certification, in addition to other remedies available to the Federal 

Government, the department or agency may terminate this transaction for cause or 

default. 

3. The prospective primary participant shall provide immediate written notice to the 

department or agency to which this proposal is submitted if at any time the prospective 

primary participant learns that its certification was erroneous when submitted or has 

become erroneous by reason of changed circumstances. 

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered 

transaction, participant, person, primary covered transaction, principal, proposal, and 

voluntarily excluded, as used in this clause, have the meanings set out in the Definitions 

and Coverage sections ofthe rules implementing Executive Order 12549. See 

Nonprocurement Suspension and Debarment (2 CFR Part 1200) and Government wide 

Requirements for Drug-Free Workplace Grants (49 CFR Part 32). The prospective 

primary 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 proposed for debarment under 48 CFR Part 9, subpart 

9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation 

in this covered transaction, unless authorized by the department or agency entering into 

this transaction. 

5. The prospective primary 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," provided by 

the department or agency entering into this 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 proposed for debarment under 

48 CFR Part 9, subpart 9.4, 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 List of Parties 

Excluded from Federal Procurement and Non-procurement Programs. 

7. 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 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 6 of these instructions, if a 

participant in a covered transaction knowingly enters into a lower tier covered transaction 

with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, 

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, and Other Responsibility Matters-

- Primary Covered Transactions 

I. The prospective primary participant certifies to the best of its knowledge and belief, 

that it and its principals: 

(a) Are not presently debarred, suspended, proposed for debarment, declared 

ineligible, or voluntarily excluded by any Federal department or agency; 

(b) Have not within a three-year period preceding this proposal been convicted of 

or had a civil judgment 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; 

(c) 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 ( 1 )(b) of this certification; and 

(d) 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. 

2. Where the prospective primary participant is unable to certifY to any of the statements 

in this certification, such prospective participant shall attach an explanation to this 

proposal. 
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary 

Exclusion -- Lower Tier Covered Transactions 

By entering into this Grant Agreement, the Grantee is providing the assurance and 

certification set out below. 

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 the department or agency 

with which this transaction originated may pursue available remedies, including 

suspension and/or debarment. 

2. The prospective lower tier participant shall provide immediate written notice to the 

person to whom this proposal is submitted if at any time the prospective lower tier 

participant learns that its certification was erroneous when submitted or had become 

erroneous by reason of changed circumstances. 

3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered 

transaction, participant, person, primary covered transaction, principal, proposal, and 

voluntarily excluded, as used in this clause, have the meaning set out in the Definitions 

and Coverage sections of rules implementing Executive Order 12549. You may contact 

the person to which this proposal is submitted 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 proposed for debarment under 48 

CFR Part 9, subpart 9.4, 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. 

5. 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. 

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 proposed for debarment under 

48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from 

covered transactions, 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 List of Parties 

Excluded from Federal Procurement and Non-procurement Programs. 

7. 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 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 proposed for debarment under 48 CFR Part 9, subpart 9.4, 

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, ~uspension, Ineligibility an Voluntary 

Exclusion -- Lower Tier Covered Transactions 

By entering into this Grant Agreement, the Grantee is providing the assurance and 

certification set out below. 

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 participation in this transaction 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. 

Title 1 

Date