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4. Have not within a three-year period preceding this application/proposal had one or more <br />public transactions (Federal, State or local) terminated for cause <br />or default. <br />b. Where the prospective participant is unable to certify to any of the statements in this <br />certification, such prospective participant shall attach an explanation to this proposal. <br />3. Instructions for Certification - Lower Tier Participants: <br />(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior <br />FHWA approval or estimated to cost $25,000 or more - 2 C.F.R. Parts 180 and 1200) <br />a. The prospective lower tier participant is providing the certification set out below <br />b. The certification in this clause is a material representation of fact upon which reliance was <br />placed when this transaction was entered into. If it is later determined that the prospective lower <br />tier participant knowingly rendered an erroneous certification, in addition to other remedies <br />available to the Federal Government, the department, or agency with which this transaction <br />originated may pursue available remedies, including suspension and/or debarment. <br />c. The prospective lower tier participant shall provide immediate written notice to the person to <br />which this proposal is submitted if at any time the prospective lower tier participant learns that <br />its certification was erroneous by reason of changed circumstances. <br />d. The terms 'covered transaction," "debarred," "suspended," "ineligible," "participant," <br />"person," "principal," and 'voluntarily excluded," as used in this clause, are defined in 2 CFR <br />Parts 180 and 1200. You may contact the person to which this proposal is submitted for <br />assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to <br />any covered transaction between a recipient and subrecipient of Federal funds and a participant <br />(such as the prime or general contract). "Lower Tier Covered Transactions" refers to any <br />covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier <br />Participant' refers to the participant who has entered into a covered transaction with a recipient <br />or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier <br />Participant' refers any participant who has entered into a covered transaction with a First Tier <br />Participant or other Lower Tier Participants (such as subcontractors and suppliers). <br />e. The prospective lower tier participant agrees by submitting this proposal that, should the <br />proposed covered transaction be entered into, it shall not knowingly enter into any lower tier <br />covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily <br />excluded from participation in this covered transaction, unless authorized by the department or <br />agency with which this transaction originated. <br />f The prospective lower tier participant further agrees by submitting this proposal that it will <br />include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and <br />Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier <br />covered transactions and in all solicitations for lower tier covered transactions exceeding the <br />$25,000 threshold. <br />g. A participant in a covered transaction may rely upon a certification of a prospective <br />participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or <br />voluntarily excluded from the covered transaction, unless it knows that the certification is <br />