|
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.
<br />10/2/2024 9:54:57 AM Page 18 of 22
|