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Only steel, iron and manufactured products produced in the United States may be purchased with <br />Federal funds unless the Secretary of Transportation determines that such domestic purchases would <br />be inconsistent with the public interest, that such materials are not reasonably available and of a <br />satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project <br />contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in <br />the form of a waiver request submitted to and approved by the Secretary of Transportation. <br />CONFIDENTIALITY I SAFEGUARDING OF INFORMATION <br />The AGENCY shall not use or disclose any information concerning the WTSC, or information which may <br />be classified as confidential, for any purpose not directly connected with the administration of this <br />contract, except with prior written consent of the WTSC, or as may be required by law. <br />COST PRINCIPLES <br />Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. The <br />AGENCY shall not utilize Federal grant funds to replace routine and/or existing State or local <br />expenditures; or utilize Federal grant funds for costs of activities that constitute general expenses <br />required to carry out the overall responsibilities of State, local, or Federally-recognized Indian tribal <br />governments. <br />COVENANT AGAINST CONTINGENT FEES <br />The AGENCY warrants that no person or selling agent has been employed or retained to solicit or <br />secure this contract upon an agreement or understanding for a commission, percentage, brokerage or <br />contingent fee, excepting bona fide employees or bona fide established agents maintained by the <br />AGENCY for the purpose of securing business. The WTSC shall have the right, in the event of breach <br />of this clause by the AGENCY, to annul this contract without liability or, in its discretion, to deduct from <br />the contract price or consideration or recover by other means the full amount of such commission, <br />percentage, brokerage or contingent fee. <br />DEBARMENT AND SUSPENSION <br />Instructions for Lower Tier Certification <br />1. By signing and submitting this proposal, the AGENCY (hereinafter in this section referred to as <br />"prospective lower tier participant") is providing the certification set out below. <br />2. The certification in this clause 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 prospective lower tier participant <br />knowingly rendered an erroneous certification, in addition to other remedies available to the Federal <br />government, the department or agency with which this transaction originated may pursue available <br />remedies, including suspension and/or debarment. <br />3. The prospective lower tier participant shall provide immediate written notice to the person to which <br />this proposal is submitted if at any time the prospective lower tier participant learns that its certification <br />was erroneous when submitted or has become erroneous by reason of changed circumstances. <br />4. The terms covered transaction, debarred , suspended , ineligible, lower tier covered transaction, <br />participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in <br />this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You <br />may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those <br />regulations .