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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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