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APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 <br /> CFR PART 1300 APPENDIX A): <br /> 34. BUY AMERICA ACT <br /> The SUB-RECIPIENT will comply with the Buy America requirement(23 U.S.C. 313)when purchasing <br /> items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and <br /> manufactured products produced in the United States,unless the Secretary of Transportation determines that <br /> such domestically produced 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 will increase the <br /> cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign <br /> produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, <br /> and which is approved by the Secretary of Transportation. <br /> 35.DEBARMENT AND SUSPENSION <br /> Instructions for Lower Tier Certification <br /> 35.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the "lower <br /> tier 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 /> 35.2. 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 /> 35.3. 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 reason <br /> of changed circumstances. <br /> 35.4. 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 /> Defmitions and Covered Transactions sections of 2 CFR part 180. <br /> 35.5. 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 /> 35.6. 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 189 and 23 CFR part 1300. <br /> 35.7. 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 the <br /> eligibility of its principals. Each participant may,but is not required to, check the List of Parties Excluded <br />