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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
<br />eligibility of any prospective lower tier participants, each participant may, but is not required to, check the
<br />System for Award Management Exclusions website
<br />( https://www.sam.gov1).
<br />8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
<br />to render in good faith the certification required by this clause. The knowledge and information of a participant is
<br />not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
<br />dealings.
<br />9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
<br />transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
<br />under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
<br />this transaction, in addition to other remedies available to the Federal Government, the department or agency
<br />with which this transaction originated may pursue available remedies, including suspension or debarment.
<br />CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —
<br />LOWER TIER COVERED TRANSACTIONS
<br />I . 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
<br />participating 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
<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 that inclusion of domestic materials will increase the cost of the overall project
<br />contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must
<br />submit a waiver request that provides an adequate basis and justification for 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,
<br />accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or
<br />subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such
<br />subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or
<br />her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties
<br />indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a
<br />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
<br />applied for 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
<br />solicit nor accept gratuities, favors, or anything of monetary value from present or potential
<br />subawardees, including contractors or parties to subcontracts.
<br />b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for
<br />violations, as 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
<br />conduct.
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