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2023-195
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2023-195
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10/9/2023 1:44:52 PM
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2023-193
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2023-194
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(b) The contractor agrees to report each violation to the Owner and understands and agrees that the <br />Owner will, in turn, report each violation as required to assure notification to the Federal Emergency Management <br />Agency, and the appropriate Environmental Protection Agency Regional Office. <br />(c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed <br />in whole or in part with Federal assistance provided by FEMA. <br />D. 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 such the <br />contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its <br />affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 <br />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 and must <br />include a requirement to comply with these regulations in any lower tier covered transaction it enters into. <br />(3) This certification is a material representation of fact relied upon by Owner. If it is later determined that <br />the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to <br />remedies available to Owner, the Federal Government may pursue available remedies, including but not limited <br />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 and 2 <br />C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from <br />this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier <br />covered transactions. <br />E. 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. Each <br />tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or <br />organization for influencing or attempting to influence an officer or employee of any agency, a member of <br />Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining <br />any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any <br />lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures <br />are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding <br />agency. <br />F. 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 web <br />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 Solid <br />Waste Disposal Act. <br />G. Prohibition on Contracting for Covered Telecommunications Equipment or Services: <br />(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications <br />equipment or services; interconnection arrangements; roaming; substantial or essential component; and <br />telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions <br />8 <br />
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