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2023-176A
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2023-176A
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Last modified
10/9/2023 11:24:57 AM
Creation date
10/9/2023 11:23:08 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/29/2023
Control Number
2023-176A
Agenda Item Number
8.P.
Entity Name
Don Hinkle Construction, Inc.
Subject
Agreement for 2023052 Information Technology Security Upgrades (Clerk of Courts)
Bid Number
IRC-2206
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2023052 Clerk's IT Security Upgrades <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 />I. 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 />J. Procurement of Recycled/Recovered Materials: <br />(1) In the performance of this contract, the Contractor shall make maximum use of products containing <br />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 the <br />Solid Waste Disposal Act. <br />K. 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 />FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications <br />Equipment or Services (Interim), as used in this clause— <br />(b) Prohibitions. <br />(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. <br />No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, <br />from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain <br />telecommunications products or from certain entities for national security reasons. <br />(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may <br />not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency <br />Management Agency to: <br />(i) Procure or obtain any equipment, system, or service that uses covered telecommunications <br />equipment or services as a substantial or essential component of any system, or as critical technology of <br />any system; <br />(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or <br />service that uses covered telecommunications equipment or services as a substantial or essential <br />component of any system, or as critical technology of any system; <br />(iv) Enter into, extend, or renew contracts with entities that use covered telecommunications <br />equipment or services as a substantial or essential component of any system, or as critical technology as <br />part of any system; or <br />
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