RES 2022-193 with Interlocal WA Traffic Safety Commission

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33't' The certification in this section is a material representation of fact upon which reliance was placed when thil transaction was entered into. lf it is lster determined that the lower tier particlpant knowingly rendered an erroneou: certification, in addition to other rernedies available to the federal governrnent, the department or age ncy with which this transaction criginated may pursue available remedies, including suspension andlor debarment. 33.3. The lswer tier participant shall provlde immediate written notice to the WTSC if at any tirne the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 33,4. Ihe terms covered transaction, debarment, suspension, ineligible, lower tier. participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and covered Transactions sections of 2 cFR part 1g0. 33.5' The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transactlon with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by Nl-lTSA. 33.6. The lower tier participant further agrees by signing this Agreernent that it will include the clause titled "lnstructions for LowerTier Certification" including the "Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion - Lower Tier Covered Transaction,,, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 1g0 and 23 CFR part 1300. 33.7' A participant in a covered transaction rnay rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarrnent under 4g CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to. check the List of Parties Excluded frorn Federal Procurement and Non-procurement programs. 33.8. Nothing contained in the foregoing shall be construed to require establishnnent of a system of records in order to render in good faith the certification required by this clause. The knowledge and inforrnation of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 33'9. Except for transactions authorized under paragraph 35.5, of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 cFR part g, subpart g.4, suspended, debarred, ineligibfe, or vsluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or