FORM_9_-_TRADE_RESTRICTION_CERTIFICATION.pdf
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- Solicitation number
- 2026-072-MC
- Issued by
- Lee County, Fruitville CDP, Florida
About this file
Trade Restriction Certification Summary
This is a Trade Restriction Certification Form (Form 9) for RFQ 2026-072-MC issued by the Lee County Port Authority in Florida for progressive design-build services related to a parking garage, quick turnaround area, and demolition/remediation of existing facilities at Southwest Florida International Airport. The certification requirement applies to all respondents submitting qualifications for this project and establishes mandatory compliance standards prior to contract award.
Respondents must certify that they are not owned or controlled by citizens of foreign countries that discriminate against U.S. firms according to the Office of the United States Trade Representative list, have not contracted with individuals from such countries for project work, and have not incorporated products from discriminating nations into the project. The certification is a material representation of fact, and respondents must provide immediate written notice to the Owner if any certification becomes erroneous due to changed circumstances. Subcontractors must similarly certify compliance and provide notice of any erroneous certifications. False or fraudulent certification subjects the maker to prosecution under Title 18 USC 1001. The Federal Aviation Administration may direct contract cancellation for default at no cost to the Owner or FAA if a contractor or subcontractor knowingly rendered an erroneous certification. Contractors must incorporate this certification requirement without modification in all lower-tier subcontracts.
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RFQ 2026-072-MC: PROGRESSIVE DESIGN-BUILD FOR PARKING GARAGE, QUICK TURNAROUND AREA (QTA), AND DEMOLITION/REMEDIATION OF EXISTING FACILITIES
FORM 9: TRADE RESTRICTION CERTIFICATION
By submission of a qualifications, the Respondent certifies that with respect to this solicitation and any resultant contract, the Respondent:
1) Is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) Has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and
3) Has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC § 1001.
The Respondent must provide immediate written notice to the Owner if the Respondent learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor:
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 USTR; or
2) Whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list; or
3) Who incorporates in the public works project any product of a foreign country on such USTR list.
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 provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
The Respondent agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award.
If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.
Date Signature
Company Name Title
Rev: 6.29.2026 Page 51 of 58
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