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determines that such domestically produced items would be inconsistent with the public interest, that <br />such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic <br />materials will increase the cost of the overall project contract by more than 25 percent. In order to use <br />federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides <br />an adequate basis and justification, and which is approved by the Secretary of Transportation. <br />34. DEBARMENT AND SUSPENSION <br />Instructions for Lower Tier Certification <br />34.1. 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 below and agrees to comply with the requirements <br />of 2 CFR part 180 and 23 CFR part 1200. <br />34.2. 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, <br />the department or agency with which this transaction originated may pursue available remedies, <br />including suspension and/or debarment. <br />34.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the <br />lower tier participant learns that its certification was erroneous when submitted or has become <br />erroneous by reason of changed circumstances. <br />34.4. The terms covered transaction, civil judgement, debarment, suspension, ineligible, participant, <br />person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and <br />1200. <br />34.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into <br />any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, <br />subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this <br />covered transaction, unless authorized by WTSC. <br />34.6. The lower tier participant further agrees by signing this Agreement that it will include the clause <br />titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, <br />Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, <br />in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will <br />require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1200. <br />34.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a <br />page 15 of 26 <br />