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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.
<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.I{ey 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.
<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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