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ARTICLE 10 – FEDERAL CLAUSES <br />10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work if and when <br />federal funds are used to pay for the work: <br />A. Suspension and Debarment <br />(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As <br />such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § <br />180.995), or its affiliates (defined 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. pt. 3000, subpart C <br />and must include a requirement to comply with these regulations in any lower tier covered transaction it <br />enters into. <br />(3) This certification is a material representation of fact relied upon by OWNER. If it is later <br />determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, <br />subpart C, in addition to remedies available to OWNER, the Federal Government 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. pt. 180, subpart C <br />and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that <br />may arise from this offer. The bidder or proposer further agrees to include a provision requiring such <br />compliance in its lower tier covered transactions. <br />B. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) <br />Contractors who apply or bid for an award of $100,000 or more shall file the required certification. <br />Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any <br />person or organization for influencing or attempting to influence an officer or employee of any agency, a <br />member of Congress, officer or employee of Congress, or an employee of a member of Congress in <br />connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. <br />Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with <br />obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in <br />turn will forward the certification(s) to the awarding agency. <br />C. Procurement of Recycled/Recovered Materials: <br />(1) In the performance of this contract, the Contractor shall make maximum use of products <br />containing recovered materials that are EPA -designated items unless the product cannot be acquired— <br />(i) Competitively within a timeframe providing for compliance with the contract performance schedule; <br />(ii) Meeting contract performance requirements; or <br />(iii) At a reasonable price. <br />(2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines <br />web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. <br />(3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of <br />the Solid Waste Disposal Act. <br />D. Prohibition on Contracting for Covered Telecommunications Equipment or Services: <br />(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered <br />telecommunications equipment or services; interconnection arrangements; roaming; substantial or <br />essential component; and telecommunications equipment or services have the meaning as defined in <br />