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33.4.The terms covered transaction,debarment, suspension, ineligible,lower tier,participant,person,
<br /> primary tier,principal,and voluntarily excluded, as used in this clause,have the meanings set out in the
<br /> Definitions and Covered Transactions sections of 2 CFR part 180.
<br /> 33.5.The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any
<br /> lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
<br /> debarred,suspended, declared ineligible, or voluntarily excluded from participation in this covered
<br /> transaction, unless authorized by NHTSA.
<br /> 33.6.The lower tier participant further agrees by signing this Agreement that it will include the clause titled
<br /> "Instructions for Lower Tier Certification"including the"Certification Regarding Debarment,Suspension,
<br /> Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification, in all lower
<br /> tier covered transactions and in all solicitations for lower tier covered transactions,and will require lower tier
<br /> participants to comply with 2 CFR part 180 and 23 CFR part 1300.
<br /> 33.7.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 that the
<br /> certification is erroneous. A participant may decide the method and frequency by which it determines the
<br /> eligibility of its principals.Each participant may, but is not required to,check the List of Parties Excluded
<br /> from Federal Procurement and Non-procurement Programs.
<br /> 33.8.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 /> 33.9.Except for transactions authorized under paragraph 35.5.of these instructions, if a participant in a
<br /> covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for
<br /> debarment under 48 CFR part 9, subpart 9.4,suspended,debarred, ineligible, or voluntarily excluded from
<br /> participation in this transaction,the department or agency with which this transaction originated may disallow
<br /> costs, annul or terminate the transaction, issue a stop work order,debar or suspend you,or take other
<br /> remedies as appropriate.
<br /> Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered
<br /> Transactions
<br /> 33.10.The lower tier participant certifies,by signing this Agreement,that neither it nor its principals are
<br /> presently debarred, suspended,proposed for debarment, declared ineligible,or voluntarily excluded from
<br /> participation in this transaction by any federal department or agency.
<br /> 33.11.Where the lower tier participant is unable to certify to any of the statements in this certification, such
<br /> participant shall attach an explanation to this Agreement.
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