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department or agency with which this transaction originated may pursue available remedies, including <br />suspension or debarment. <br />3. The prospective lower tier participant shall provide immediate written notice to the person to which this <br />proposal is submitted if at any time the prospective lower tier participant learns that its certification was <br />erroneous when submitted or has become erroneous by reason of changed circumstances. <br />4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and <br />voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom <br />this proposal is submitted for assistance in obtaining a copy of those regulations. <br />5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered <br />transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person <br />who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or <br />voluntarily excluded from participation in this covered transaction, unless authorized by the department or <br />agency with which this transaction originated. <br />6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause <br />titled 'Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, <br />Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all <br />lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower <br />tier participants to comply with 2 CFR parts 180 and 1200. <br />7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier <br />covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, <br />suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification <br />is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or <br />otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the <br />eligibility of any prospective lower tier participants, each participant may, but is not required to, check the <br />System for Award Management Exclusions website (https://www.sam.gov/). <br />8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in <br />order to render in good faith the certification required by this clause. The knowledge and information of a <br />participant is not required to exceed that which is normally possessed by a prudent person in the ordinary <br />course of business dealings. <br />9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered <br />transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment <br />under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in <br />this transaction, in addition to other remedies available to the Federal government, the department or agency <br />with which this transaction originated may pursue available remedies, including suspension or debarment. <br />Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion -- Lower Tier Covered <br />Transactions: <br />1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals <br />is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from <br />participating in covered transactions by any Federal department or agency. <br />2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such <br />prospective participant shall attach an explanation to this proposal. <br />BUY AMERICA ACT <br />(applies to subrecipients as well as States) <br />The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when <br />purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal <br />funds only steel, iron and manufactured products produced in the United States, unless the Secretary of <br />Transportation determines that such domestically produced items would be inconsistent with the public interest, <br />that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic <br />materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal <br />9/20/2021 9:06:55 AM Page 15 of 18 <br />