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records in order to render in good faith the certification required by this clause. The knowledge and
<br />information of a participant is not required to exceed that which is normally possessed by a prudent
<br />person in the ordinary course of business dealings.
<br />9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
<br />covered transaction knowingly enters into a lower tier covered transaction with a person who is
<br />proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
<br />voluntarily excluded from participation in this transaction, in addition to other remedies available to
<br />the Federal Government, the department or agency with which this transaction originated may
<br />pursue available remedies, 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
<br />principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
<br />voluntarily excluded from participating in covered transactions by any Federal department or
<br />agency.
<br />2. Where the prospective lower tier participant is unable to certify to any of the statements in this
<br />certification, 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
<br />purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal
<br />funds only steel, iron and manufactured products produced in the United States, unless the Secretary of
<br />Transportation determines that such domestically produced items would be inconsistent with the public
<br />interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of
<br />domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use
<br />Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an
<br />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
<br />negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any
<br />subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly,
<br />any financial or personal interest in any such subaward. Such a financial or personal interest would arise when
<br />the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an
<br />organization which employs or is about to employ any of the parties indicated herein, has a financial or
<br />personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this
<br />policy:
<br />1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary
<br />actions to be 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
<br />may neither solicit nor accept gratuities, favors, or anything of monetary value from
<br />present or potential subawardees, including contractors or parties to subcontracts.
<br />b. The code or standards shall establish penalties, sanctions, or other disciplinary actions
<br />for 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
<br />standards of conduct.
<br />DISCLOSURE REQUIREMENTS
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