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<br />2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
<br />prospective participant shall attach an explanation to this proposal.
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<br />BUY AMERICA
<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 using
<br />Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured
<br />products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items
<br />would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that
<br />inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal
<br />funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for
<br />approval by the Secretary of Transportation.
<br />CERTIFICATION ON CONFLICT OF INTEREST
<br />(applies to subrecipients as well as States)
<br />GENERAL REQUIREMENTS
<br />No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or
<br />approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in
<br />connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial
<br />or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner,
<br />or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a
<br />tangible personal benefit from an entity considered for a subaward. Based on this policy:
<br />1.The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for
<br />violations of such standards by officers, employees, or agents.
<br />a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor
<br />accept gratuities, favors, or anything of monetary value from present or potential subawardees, including
<br />contractors or parties to subcontracts.
<br />b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as
<br />permitted by State or local law or regulations.
<br />2.The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
<br />DISCLOSURE REQUIREMENTS
<br />No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or
<br />cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest,
<br />financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by
<br />NHTSA activities. Based on this policy:
<br />1.The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and
<br />full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken
<br />or proposes to take to avoid or mitigate such conflict.
<br />2.NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of
<br />interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of
<br />NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
<br />3.Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial,
<br />contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be
<br />substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure
<br />include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the
<br />above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person
<br />owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are
<br />responsible for making a decision or taking an action under an award where the decision or action can have an economic
<br />or other impact on the interests of a regulated or affected organization.
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<br />PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
<br />(applies to all 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 to
<br />create checkpoints that specifically target motorcyclists.
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