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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
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