Orange County NC Website
' / 11 <br /> AOC �QG✓ INITIALS Revised 05/2018 <br /> suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, <br /> unless authorized by the department or agency with which this transaction originated. <br /> (f) The prospective lower tier participant further agrees by submitting this proposal that it will include the <br /> clause titled "Instructions for Lower Tier Participant Certification" including the "Certification <br /> Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered <br /> Transaction," without modification, in all lower tier covered transactions and in all solicitations for <br /> lower tier covered transactions and will require lower tier participants to comply with 2 CFR Parts 180 <br /> and 1200. <br /> (g) A participant in a covered transaction may rely upon a certification of a prospective participant in a <br /> lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, <br /> debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows <br /> that the certification is erroneous. A participant is responsible for ensuring that its principals are not <br /> suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the <br /> eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each <br /> participant may, but is not required to, check the System for Award Management Exclusions website <br /> (https://www.sam.gov/). <br /> (h) Nothing contained in the foregoing shall be construed to require establishment of a system of records <br /> in order to render in good faith the certification required by this clause. The knowledge and <br /> information of a participant is not required to exceed that which is normally possessed by a prudent <br /> person in the ordinary course of business dealings. <br /> (i) Except for transactions authorized under paragraph 7(e) of these instructions, if a participant in a <br /> covered transaction knowingly enters into a lower tier covered transaction with a person who is <br /> proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or <br /> voluntarily excluded from participation in this transaction, in addition to other remedies available to the <br /> Federal government, the department or agency with which this transaction originated may pursue <br /> available remedies including suspension or debarment. <br /> (j) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower <br /> Tier Covered Transactions. <br /> (i) The prospective lower tier participant (the Agency) certifies, by submission of this proposal, that <br /> neither it nor its principals is presently debarred, suspended, proposed for debarment, declared <br /> ineligible, or voluntarily excluded from participation in covered transactions by any Federal <br /> department or agency. <br /> (ii) Where the prospective lower tier participant is unable to certify to any of the statements in this <br /> certification, such prospective participants shall attach an explanation to this contract proposal. <br /> 8. Buy America Act. The Agency and each subrecipient will comply with the Buy America requirement (23 <br /> U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, <br /> to purchase with Federal funds only steel, iron and manufactured products produced in the United States, <br /> unless the Secretary of Transportation determines that such domestically produced items would be <br /> inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory <br /> quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more <br /> than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit <br /> a waiver request that provides an adequate basis and justification for approval by the Secretary of <br /> Transportation. <br /> 9. Prohibition On Using Grant Funds To Check For Helmet Usage. The Agency and each subrecipient <br /> will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints <br /> that specifically target motorcyclists. <br /> 10. Conditions for State, Local and Indian Tribal Governments. State, local and Indian tribal government <br /> Agencies shall adhere to the standards established by 2 CFR Part 225, Cost Principles for State, Local, <br /> and Indian Tribal Governments and additions or amendments thereto, for principles for determining costs <br /> applicable to grants and contracts with state, local and Indian tribal governments. <br /> 11. Conditions for Institutions of Higher Education. If the Agency is an institution of higher education, it <br /> shall adhere to the standards established by 2 CFR Part 215 Uniform Administrative Requirements for <br /> Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit <br /> Organizations and 2 CFR 220 Cost Principles for Educational Institutions for determining costs applicable <br /> to grants and contracts with educational institutions. <br /> Page 3 <br />