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33.1. By signing this Agreement, the SUB-RECIPIENT(hereinafter in this section referred to as the "lower tier <br /> participant") is providing the certification set out below and agrees to comply with the requirements of 2 <br /> CFR part 180 and 23 CFR part 1300. <br /> 33.2.The certification in this section is a material representation of fact upon which reliance was placed <br /> when this transaction was entered into. If it is later determined that the lower tier participant knowingly <br /> rendered an erroneous certification, in addition to other remedies available to the federal government, the <br /> department or agency with which this transaction originated may pursue available remedies, including <br /> suspension and/or debarment. <br /> 33.3.The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower <br /> tier participant learns that its certification was erroneous when submitted or has become erroneous by <br /> reason of changed circumstances. <br /> 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 <br /> 9.4, 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 tier <br /> 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 <br /> the certification is erroneous. A participant may decide the method and frequency by which it determines <br /> the 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 <br /> in 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 <br /> for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded <br />