[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR30.13]

[Page 356-357]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 30_DENIAL OF PUBLIC WORKS CONTRACTS TO SUPPLIERS OF GOODS AND SERVICES OF 
COUNTRIES THAT DENY PROCUREMENT MARKET ACCESS TO U.S. CONTRACTORS
--Table of Contents
 
Sec.  30.13  Restrictions on Federal public works projects: Certification.

    As prescribed in Sec.  30.11(c) of this part, the contracting 
officer shall insert the following provision in solicitations containing 
the clause at Sec.  30.15, Restrictions on Federal Public Works 
Projects:

      Restrictions on Federal Public Works Projects--Certification

    (a) Definitions. The definitions pertaining to this provision are 
those that are set forth in 49 CFR 30.7-30.9.
    (b) Certification. By signing this solicitation, the Offeror 
certifies that with respect to this solicitation, and any resultant 
contract, the Offeror--
    (1) Is [ ] is not [ ] a contractor of a foreign country included on 
the list of countries that discriminated against U.S. firms published by 
the Office of the United States Trade Representative (U.S.T.R.);
    (2) Has [ ] has not [ ] entered into any contract or subcontract 
with a subcontractor of a foreign country included on the list of 
countries that discriminate against U.S. firms published by the 
U.S.T.R.; and
    (3) Has [ ] has not [ ] entered into any subcontract for any product 
to be used on the Federal public works project that is produced in a 
foreign country included on the list of countries that discriminate 
against U.S. firms published by the U.S.T.R.
    (c) Applicability of 18 U.S.C. 1001. This certification in this 
solicitation provision concerns a matter within the jurisdiction of an 
agency of the United States and the making of a false, fictitious, or 
fraudulent certification may render the maker subject to

[[Page 357]]

prosecution under Title 18, United States Code, Section 1001.
    (d) Notice. The Offeror shall provide immediate written notice to 
the Contracting Officer if, at any time prior to contract award, the 
Offeror learns that its certification was erroneous when submitted or 
has become erroneous by reason of changed circumstances.
    (e) Restrictions on contract award. No contract will be awarded to 
an offeror (1) who is owned or controlled by one or more citizens or 
nationals of a foreign country included on the list of countries that 
discriminate against U.S. firms published by the U.S.T.R. or (2) whose 
subcontractors are owned or controlled by one or more citizens or 
nationals of a foreign country on such U.S.T.R. list or (3) who 
incorporates in the public works project any product of a foreign 
country on such U.S.T.R. list; unless a waiver to these restrictions is 
granted by the President of the United States or the Secretary of 
Transportation. (Notice of the granting of a waiver will be published in 
the Federal Register.)
    (f) System. 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 paragraph (b) of this provision. 
The knowledge and information of an Offeror is not required to exceed 
that which is normally possessed by a prudent person in the ordinary 
course of business dealings.
    (g) Subcontracts. The Offeror agrees that, if awarded a contract 
resulting from this solicitation, it will incorporate this solicitation 
provision, including this paragraph (g), in each solicitation issued 
under such contract.

                           [End of Provision]