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A26 TRADE RESTRICTION CERTIFICATION <br />A26.1 SOURCE <br />49 USC § 50104 <br />49 CFR part 30 <br />A26.2 APPLICABILITY <br />Unless waived by the Secretary of Transportation, sponsors may not use AIP funds on a product or <br />service from a foreign country included in the current list of countries that discriminate against U.S. <br />firms as published by the Office of the United States Trade Representative (USTR). <br />Contract Types —The trade restriction certification and clause applies to all AIP funded projects. <br />Use of Provision — MANDATORY TEXT. 49 CFR part 30 prescribes the language for this model clause. <br />The sponsor must include this certification language in all contracts and subcontracts without <br />modification. <br />A26.3 SOLICITATION CLAUSE <br />TRADE RESTRICTION CERTIFICATION <br />By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant <br />contract, the Offeror — <br />1) is not owned or controlled by one or more citizens of a foreign country included in the list of <br />countries that discriminate against U.S. firms as published by the Office of the United States <br />Trade Representative (USTR); <br />2) has not knowingly entered into any contractor subcontract for this project with a person that is <br />a citizen or national of a foreign country included on the list of countries that discriminate <br />against U.S. firms as published by the USTR; and <br />3) has not entered into any subcontract for any product to be used on the Federal project that is <br />produced in a foreign country included on the list of countries that discriminate against U.S. <br />firms published by the USTR. <br />This certification concerns a matter within the jurisdiction of an agency of the United States of America <br />and the making of a false, fictitious, or fraudulent certification may render the maker subject to <br />prosecution under Title 18 USC Section 1001. <br />The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor <br />learns that its certification or that of a subcontractor was erroneous when submitted or has become <br />erroneous by reason of changed circumstances. The Contractor must require subcontractors provide <br />immediate written notice to the Contractor if at any time it learns that its certification was erroneous by <br />reason of changed circumstances. <br />Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects <br />Issued on December 12, 2017 Page 69 <br />