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AOC r UW INITIALS Revised 05/2018 10
<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.
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