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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />(1) The contractor agrees to comply with all applicable standards, orders or <br />regulations issued pursuant to the Federal Water Pollution Control Act, as <br />amended, 33 U.S.C. 1251 et seq. <br />(2) The contractor agrees to report each violation to the (name of the state <br />agency or local or Indian tribal government) and understands and agrees that <br />the (name of the state agency or local or Indian tribal government) will, in turn, <br />report each violation as required to assure notification to the (name of recipient), <br />Federal Emergency Management Agency, and the appropriate Environmental <br />Protection Agency Regional Office. <br />(3) The contractor agrees to include these requirements in each <br />subcontract exceeding $150,000 financed in whole or in part with <br />Federal assistance provided by FEMA." <br />8. Debarment and Suspension <br />a. Applicability: This requirement applies to all FEMA grant and cooperative <br />agreement programs. <br />b. Non-federal entities and contractors are subject to the debarment and suspension <br />regulations implementing Executive Order 12549, Debarment and Suspension (1986) <br />and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part180 and <br />the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 <br />(Nonprocurement Debarment and Suspension). <br />These regulations restrict awards, subawards, and contracts with certain parties that are <br />debarred, suspended, or otherwise excluded from or ineligible for participation in Federal <br />assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, H; and <br />Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 <br />(Uniform Rules): Supplement to the Public Assistance Procurement Disaster <br />Assistance Team (PDAT) Field Manual Chapter IV, 6.d, and Appendix C, 2 [hereinafter <br />PDAT Supplement]. A contract award must not be made to parties listed in the SAM <br />Exclusions. SAM Exclusions is the list maintained by the General Services <br />Administration that contains the names of parties debarred, suspended, or otherwise <br />excluded by agencies, as well as parties declared ineligible under statutory or regulatory <br />authority other than Executive Order 12549. SAM exclusions can be accessed at <br />www.sam.gov. See 2 C.F.R. § 180.530; PDAT Supplement, Chapter IV, 6.d and <br />Appendix C, 2. <br />d. In general, an "excluded" party cannot receive a Federal grant award or a contract within <br />the meaning of a "covered transaction," to include subawards and subcontracts. This <br />includes parties that receive Federal funding indirectly, such as contractors to recipients <br />and subrecipients. The key to the exclusion is whether there is a "covered transaction," <br />which is any nonprocurement transaction (unless excepted) at either a "primary' or <br />"secondary" tier. Although "covered transactions" do not include contracts awarded by <br />the Federal Government for purposes of the nonprocurement common rule and DHS's <br />implementing regulations, it does include some contracts awarded by recipients and <br />subrecipient. <br />e. Specifically, a covered transaction includes the following contracts for goods or <br />services: <br />(1) The contract is awarded by a recipient or subrecipient in the amount of <br />at least $25,000. <br />65 <br />