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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
<br /> to remedies available to OWNER,the Federal Government may pursue available remedies, including but not
<br /> limited to suspension and/or debarment. (4)The bidder or proposer agrees to comply with the requirements
<br /> 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
<br /> period of any contract that may arise from this offer. The bidder or proposer further agrees to include a
<br /> provision requiring such compliance in its lower tier covered transactions.
<br /> C. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended):Contractors and Firms who apply or bid
<br /> for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that
<br /> it will not 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 of
<br /> Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant,
<br /> or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal
<br /> funds that takes place in connection with obtaining any Federal award.Such disclosures are forwarded from
<br /> tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency.
<br /> D. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract,the CONSULTANT
<br /> shall make maximum use of products containing recovered materials that are EPA-designated items unless
<br /> the product cannot be acquired—(i) Competitively within a timeframe providing for compliance with the
<br /> contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable
<br /> 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 CONSULTANT also agrees to comply with all other applicable requirements of Section 6002 of the
<br /> Solid Waste Disposal Act.
<br /> E. 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 essential
<br /> component; and telecommunications equipment or services have the meaning as defined in FEMA Policy
<br /> 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or
<br /> Services(Interim),as used in this clause—
<br /> (b) Prohibitions: (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year
<br /> 2019,Pub. L. No. 115-232,and 2 C.F.R.§200.216 prohibit the head of an executive agency on or after Aug.13,
<br /> 2020, 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. (2) Unless an exception
<br /> in paragraph (c) of this clause applies, the CONSULTANT and its subcontractors may not use grant,
<br /> cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
<br /> (i) Procure or obtain any equipment,system,or service that uses covered telecommunications equipment or
<br /> services as a substantial or essential component of any system, or as critical technology of any system; (ii)
<br /> Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses
<br /> covered telecommunications equipment or services as a substantial or essential component of any system,
<br /> or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use
<br /> covered telecommunications equipment or services as a substantial or essential component of any system,
<br /> or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract,
<br /> subcontract, or other contractual instrument, any equipment, system, or service that uses covered
<br /> telecommunications equipment or services as a substantial or essential component of any system, or as
<br /> critical technology as part of any system.
<br /> (c) Exceptions. (1)This clause does not prohibit CONSULTANTs from providing—
<br /> (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection
<br /> 2024018 Agreement
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