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31. WAIVER <br /> A failure by either Party to exercise its rights under this Agreement shall not preclude <br /> that Party from subsequent exercise of such rights and shall not constitute a waiver of <br /> any other rights under this Agreement. <br /> • <br /> APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY <br /> GRANTS (23 CFR PART 1300 APPENDIX A): <br /> 32. BUY AMERICA ACT <br /> The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) <br /> when purchasing items using federal funds. Buy America requires the SUB-RECIPIENT <br /> to purchase only steel, iron, and manufactured products produced in the United States, <br /> unless the Secretary of Transportation determines that such domestically produced <br /> items would be inconsistent with the public interest, that such materials are not <br /> reasonably available and of a satisfactory quality, or that inclusion of domestic materials <br /> will increase the cost of the overall project contract by more than 25 percent. In order to <br /> use federal funds to purchase foreign produced items, the WTSC must submit a waiver <br /> request that provides an adequate basis and justification, and which is approved by the <br /> Secretary of Transportation. <br /> 33. DEBARMENT AND SUSPENSION <br /> Instructions for Lower Tier Certification <br /> 33.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section <br /> referred to as the "lower tier participant") is providing the certification set out below and <br /> agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. <br /> 33.2. The certification in this section is a material representation of fact upon which <br /> reliance was placed when this transaction was entered into. If it is later determined that <br /> the lower tier participant knowingly rendered an erroneous certification, in addition to <br /> other remedies available to the federal government, the department or agency with <br /> which this transaction originated may pursue available remedies, including suspension <br /> and/or debarment. <br /> 33.3. The lower tier participant shall provide immediate written notice to the WTSC if at <br /> any time the lower tier participant learns that its certification was erroneous when <br /> submitted or has become erroneous by reason of changed circumstances. <br /> 33.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, <br /> participant, person, primary tier, principal, and voluntarily excluded, as used in this <br /> clause, have the meanings set out in the Definitions and Covered Transactions sections <br /> of 2 CFR part 180. <br /> 13 <br />