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32.6. Al l reference to the S UB-REC LPIENT under th is cla use shall also in clude S UB-RECIPIENT's <br />empl oy ee s, agent s, o r sub-contract ors. <br />33. WAIVER <br />A failure by either Part y to exercise its ri ghts under this Agreement shall not prec lude that Part y fr om <br />subsequent exercise of such right s and shall not co nstit ute a waiver of any other rights under th is Agreement. <br />APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 <br />CFR PART 1300 APPENDIX A): <br />34. BUY Al.\'lERICA ACT <br />The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 3 I 3) when purchasing <br />items using federal funds . Buy America requires the SUB-RECIPIENT to purcha se 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 fo reign <br />produced items , the WTSC mu st submit a waiver request th at provides an adequ at e basis and just.iftc ario n, <br />and which is appro ved by the Se cr etary of Transportation . <br />35. DEBA.RlVlENT AND SUSPEN lON <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 bel ow and agrees to comply with the requirements of 2 <br />CFR part 180 and 23 CFR part 1300. <br />35.2. The cert ification 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 immed iate written notice to the WTSC if at any time the lower <br />tier participant learns that its certification was erroneous when subm itted or has become erroneous by reason <br />of changed circumstances. <br />35.4. The tenns co vered transaction, deba rment , suspension , ineligible, lower tier , participant, person, <br />primary tier, pr inc ipal , and voluntaril y excluded , as used in th is clause, ha ve the meanings set out in the <br />Defin ition s and Covered Transactions sections of 2 CFR part 180 . <br />35.5. The lower tier participant agrees by sign ing this Agreem e nt tha t it shall not know ing ly enter into any <br />low er tier co vered tran sact ion with a pers o n who is prop os ed fo r deb arm ent under 48 CFR pait 9, subpart