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apply to the purchases of supplies or materials or articles ordinarily available on the open market, or <br />contracts for transportation or transmission of intelligence. <br />(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the <br />definition of "funding agreement' under 37 CFR § 401.2 (a) and the recipient or Sub -recipient wishes to <br />enter into a contract with a small business firm or nonprofit organization regarding the substitution of <br />parties, assignment or performance of experimental, developmental, or research work under that "funding <br />agreement," the recipient or Sub -recipient must comply with the requirements of 37 CFR Part 401, "Rights <br />to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, <br />Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding <br />agency. <br />(G) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 <br />U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must <br />contain a provision that requires the non -Federal award to agree to comply with all applicable standards, <br />orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water <br />Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal <br />awarding agency and the Regional Office of the Environmental Protection Agency (EPA). <br />(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 <br />CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in <br />the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that <br />implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 <br />Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the <br />names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared <br />ineligible under statutory or regulatory authority other than Executive Order 12549. <br />(1) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award <br />of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not <br />and has not used Federal appropriated funds to pay any person or organization for influencing or <br />attempting to influence an officer or employee of any agency, a member of Congress, officer or employee <br />of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, <br />grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - <br />Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are <br />forwarded from tier to tier up to the non -Federal award. <br />(J) See § 200.323 Procurement of recovered materials. <br />(K) See §200.216 Prohibition on certain telecommunication and video surveillance services or <br />equipment. <br />(L) See §200.322 Domestic preferences for procurements <br />(Appendix II to Part 200, Revised Eff. 11/12/2020). <br />Please note that the sub -recipient alone is responsible for ensuring that all language included in its <br />contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II. <br />56 <br />