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-- Lower Tier Covered <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 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 ACT <br />(applies to all 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 <br />Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary <br />of 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 <br />use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides <br />an adequate basis and justification for approval by the Secretary of Transportation. <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 <br />usage or to create checkpoints that specifically target motorcyclists. <br />POLICY ON SEAT BELT USE <br />In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, <br />1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its <br />employees when operating company -owned, rented, or personally -owned vehicles. The National Highway <br />Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this <br />Presidential initiative. For information and resources on traffic safety programs and policies for employers, <br />please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to <br />improving the traffic safety practices of employers and employees. You can download information on seat belt <br />programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at <br />www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, <br />campaigns, and program evaluations and references. <br />POLICY ON BANNING TEXT MESSAGING WHILE DRIVING <br />In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, <br />and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce <br />workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text <br />messaging while driving company -owned or rented vehicles, Government -owned, leased or rented vehicles, <br />or privately -owned vehicles when on official Government business or when performing any work on or behalf <br />of the Government. States are also encouraged to conduct workplace safety initiatives in a manner <br />commensurate with the size of the business, such as establishment of new rules and programs or re- <br />evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other <br />outreach to employees about the safety risks associated with texting while driving. <br />9/30/2022 4:02:25 PM Page 18 of 20 <br />