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32. BUY AMERICA ACT <br />The SUB -RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items <br />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 <br />that such domestically produced items would be inconsistent with the public interest, that such materials <br />are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will <br />increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to <br />purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis <br />and justification, and which is approved by the Secretary of Transportation. <br />33. DEBARMENT AND SUSPENSION <br />Instructions for Lower Tier Certification <br />33.1. By signing this Agreement, the SUB -RECIPIENT (hereinafter in this section referred to as the "lower tier <br />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 />33.2. 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 />33.3. 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 <br />reason of changed circumstances. <br />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 <br />9.4, 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 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 />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 />