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180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by COUNTY. If it is later determined that the CONSULTANT did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida and COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 11.7 CONSULTANTs who apply or bid for an award of $100,000 or more shall file the required certification under the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)). Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 11.8 In the performance of this contract, the CONSULTANT shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: (A) Competitively within a timeframe providing for compliance with the contract performance schedule; (B) Meeting contract performance requirements; or (C) At a reasonable price. (D) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA -designate items is available at: http://www.epa.gov/cpg/products.htm. 11.10 The following access to records requirements apply to this contract: (A) The CONSULTANT agrees to provide State of Florida, Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (B) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (C) The CONSULTANT agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 11.11 The CONSULTANT shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. 11.12. This is an acknowledgement that FEMA financial assistance may be used to fund the contract. The CONSULTANT will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 11.13 The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, CONSULTANT, or any other party pertaining to any matter resulting from the contract. 11 of 14