Laserfiche WebLink
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction <br />knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, <br />subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to <br />other remedies available to the Federal government, the department or agency with which this transaction originated may <br />pursue available remedies, <br />including suspension or debarment. <br />Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Lower Tier <br />Covered Transactions: <br />1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is <br />presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating <br />in covered transactions by any Federal department or agency. <br />2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, <br />such prospective participant shall attach an explanation to this proposal. <br />BUY AMERICA ACT <br />(applies to subrecipients as well as States) <br />The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items <br />using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, 'iron and <br />manufactured products produced in the United States, unless the Secretary of Transportation determines that such <br />domestically produced items would be inconsistent with the public interest, that such materials are not reasonably <br />available and of a satisfactory quality, or <br />that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In <br />order to use Federal funds to purchase foreign produced items, the State must submit a <br />waiver request that provides an adequate basis and justification for approval by the Secretary of <br />Transportation. <br />PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE <br />(applies to subrecipients as well as States) <br />The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or <br />to create checkpoints that specifically target motorcyclists. <br />LAW ENFORCEMENT AGENCIES <br />All subrecipient law enforcement agencies shall comply with California law regarding profiling. Penal Code section <br />13519.4, subdivision (e), defines "racial profiling" as the "practice of detaining a suspect based on a broad set of criteria <br />which casts suspicion on an entire class of people without any individualized suspicion of the particular person being <br />stopped." Then, subdivision (f) of that section goes on to provide, "A law enforcement officer shall not engage in racial <br />profiling." <br />8/16/2019 2:15:46 PM Page 17 of 17 <br />20D-19 <br />