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1 <br /> F. §200.322 Procurement of recovered materials. <br /> To the extent applicable, the Contractor shall comply with section 6002 of the Solid Waste <br /> Disposal Act,as amended by the Resource Conservation and Recovery Act.The requirements of <br /> Section 6002 include procuring only items designated in guidelines of the Environmental <br /> Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered <br /> materials practicable,consistent with maintaining a satisfactory level of competition,where the <br /> purchase price of the item exceeds $10,000 or the value of the quantity acquired during the <br /> preceding fiscal year exceeded$10,000;procuring solid waste management services in a manner <br /> that maximizes energy and resource recovery; and establishing an affirmative procurement <br /> program for procurement of recovered materials identified in the EPA guidelines. <br /> G. Access to Records:The following access to records requirements apply to this contract: <br /> (1) The contractor agrees to provide SWDD Indian River County, the FEMA Administrator, the <br /> Comptroller General of the United States, or any of their authorized representatives' access to <br /> any books,documents, papers, and records of the Contractor which are directly pertinent to this <br /> contract for the purposes of making audits,examinations,excerpts,and transcriptions. <br /> (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means <br /> whatsoever or to copy excerpts and transcriptions as reasonably needed. <br /> (3)The contractor agrees to provide the FEMA Administrator or his authorized representatives' <br /> access to construction or other work sites pertaining to the work being completed under the <br /> contract. <br /> H. DHS Seal, Logo,and Flags:The contractor shall not use the DHS seal(s),logos,crests,or <br /> reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. <br /> I. Compliance with Federal Law, Regulations,and Executive Orders: It is possible that FEMA financial <br /> assistance may be used to fund part of the contract. The contractor will comply will all applicable <br /> federal law,regulations,executive orders, FEMA policies,procedures,and directives. <br /> J. No Obligation by Federal Government:The Federal Government is not a party to this contract and is <br /> not subject to any obligations or liabilities to the non-Federal entity,contractor,or any other party <br /> pertaining to any matter resulting from the contract. <br /> K. Program Fraud and False or Fraudulent Statements or Related Acts:The contractor acknowledges <br /> that 31 U.S.C.Chap. 38(Administrative Remedies for False Claims and Statements) may apply to the <br /> contractor's actions pertaining to this contract. <br /> L. Energy Policy and Conservation Act—The Contractor agrees to comply with mandatory standards <br /> and policies relating to energy efficiency which are contained in the state energy conservation plan <br /> issued in compliance with the Energy Policy and Conservation Act. <br /> M. AFFIRMATIVE STEPS:Contractor shall take the following affirmative steps to ensure minority <br /> business,women's business enterprises and labor surplus area firms are used when possible: <br /> (1) Placing qualified small and minority businesses and women's business enterprises on <br /> solicitation lists. <br /> (2) Ensuring that small and minority businesses, and women's business enterprises are <br /> solicited whenever they are potential sources. <br /> Page 11 <br />