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(2) The contract requires the approval of FEMA, regardless of amount. <br />(3) The contract is for federally -required audit services. <br />(4) A subcontract is also a covered transaction if it is awarded by the contractor <br />of a recipient or subrecipient and requires either the approval of FEMA or is in <br />excess of $25,000. <br />d. The following provides a debarment and suspension clause. It incorporates an <br />optional method of verifying that contractors are not excluded or disqualified: <br />Suspension and Debarment <br />(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and <br />2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the <br />contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined <br />at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.§ 180.940) or <br />disqualified (defined at 2 C.F.R. § 180.935). <br />(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. <br />pt. 3000, subpart C and must include a requirement to comply with these <br />regulations in any lower tier covered transaction it enters into. <br />(3) This certification is a material representation of fact relied upon by (insert <br />name of subrecipient). If it is later determined that the contractor did not <br />comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in <br />addition to remedies available to (name of state agency serving as recipient <br />and name of subrecipient), the Federal Govemment may pursue available <br />remedies, including but not limited to suspension and/or debarment. <br />(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. <br />pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and <br />throughout the period of any contract that may arise from this offer. The bidder <br />or proposer further agrees to include a provision requiring such compliance in <br />its lower tier covered transactions." <br />9. Byrd.Anti-Lobbying Amendment <br />a. Applicability: This requirement applies to all FEMA .grant and cooperative <br />agreement programs. <br />b. Contractors that apply or bid for an award of $100,000 or more must file the required <br />certification. See 2 C.F.R. Part 200, Appendix II, I; 44 C.F.R. Part 18; PDAT <br />Supplement, Chapter IV, 6.c; Appendix C, 4. <br />c. Each tier certifies to the tier above that it will not and has not used Federal appropriated <br />funds to pay any person or organization for influencing or attempting to influence an <br />officer or employee of any agency, a member of Congress, officer or employee of <br />Congress, or an employee of a member of Congress in connection with obtaining any <br />Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier <br />must also disclose any lobbying with non -Federal funds that takes place in connection <br />with obtaining any Federal award. Such disclosures are forwarded from tier to tier up <br />to the non -Federal award. See PDAT Supplement, Chapter IV, 6.c and Appendix C,4. <br />145 <br />66 <br />