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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 110 <br />