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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,participani, 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:llwww,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, lneliqibility and VoluntarV 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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