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agrees to include a provision requiring such compliance in its lower tier covered <br />transactions. <br />(31)BYRD ANTI -LOBBYING AMENDMENT <br />If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such <br />contract shall include the following clause: <br />Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who <br />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 shall not and has not used federal appropriated funds <br />to pay any person or organization for influencing or attempting to influence an officer or <br />employee of any agency, a member of Congress, officer or employee of Congress, or an <br />employee of a member of Congress in connection with obtaining any federal contract, <br />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 <br />award. Such disclosures are forwarded from tier to tier up to the recipient. <br />If the Sub -Recipient enters into a contract with a subcontractor for an award of $100,000 or more, the <br />subcontractor shall sign Exhibit 3 — Certification Regarding Lobbying. <br />(32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND <br />LABOR SURPLUS AREA FIRMS <br />a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or <br />services, then, in accordance with 2 C.F.R. § 200.321, the Sub -Recipient shall take the following affirmative steps to <br />assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever <br />possible: <br />solicitation lists; <br />Placing qualified small and minority businesses and women's business enterprises on <br />ii. Assuring that small and minority businesses, and women's business enterprises are solicited <br />whenever they are potential sources; <br />iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to <br />permit maximum participation by small and minority businesses, and women's business enterprises; <br />iv. Establishing delivery schedules, where the requirement permits, which encourage <br />participation by small and minority businesses, and women's business enterprises; <br />Using the services and assistance, as appropriate, of such organizations as the Small <br />Business Administration and the Minority Business Development Agency of the Department of Commerce; and <br />vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps <br />listed in paragraphs i. through v. of this subparagraph. <br />b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic <br />contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of <br />firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified <br />above. <br />c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -Recipient <br />shallt take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and <br />minority businesses and women's business enterprises. <br />23 <br />68 <br />