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35.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier
<br /> participant learns that its certification was erroneous when submitted or has become erroneous by reason of
<br /> changed circumstances.
<br /> 35.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier,
<br /> principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and
<br /> 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 lower
<br /> tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
<br /> suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
<br /> 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 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 /> 35.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
<br /> covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended,
<br /> ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.
<br /> A participant may decide the method and frequency by which it determines the eligibility of its principals. Each
<br /> participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-
<br /> procurement Programs.
<br /> 35.8.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
<br /> to render in good faith the certification required by this clause. The knowledge and information of a participant is
<br /> not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
<br /> dealings.
<br /> 35.9. Except for transactions authorized under paragraph 35.5. of these instructions, if a participant in a covered
<br /> transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
<br /> under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
<br /> this transaction, the department or agency with which this transaction originated may disallow costs, annul or
<br /> terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate.
<br /> Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
<br /> Transactions
<br /> 35.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently
<br /> debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
<br /> this transaction by any federal department or agency.
<br /> 35.11. 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.
<br /> 36. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
<br /> 36.1. The SUB-RECIPIENT shall:
<br /> 36.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
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