|
conflicts of interest and the appearance of Impropriety. The policy shall be filed before the
<br />Department may disburse the grant funds.
<br />1. Personal Conflicts of Interest The Contractor agrees that its code or
<br />standards of conduct shall prohibit the Contractor's employees, officers, board members, or
<br />agents from participating in the selection, award, or administration of any third party contract or
<br />sub agreement supported by f=ederal /State assistance if a real or apparent conflict of Interest
<br />would be involved. Such a conflict would arise when an employee, officer, board member, or
<br />agent, including any member of his or her immediate family, partner, or organization that
<br />employs, or intends to employ, any of the parties listed herein has a financial interest in the
<br />firm selected for award.
<br />2. Organizational Conflicts of Interest The Contractor agrees that its code or
<br />standards of conduct shall include procedures for identifying and preventing real and apparent
<br />organizational conflicts of interest. An organizational conflict of interest exists when the nature
<br />of the work to be performed under a proposed third party contract or sub agreement may,
<br />without some restrictions on future activities, result iri an unfair competitive advantage to the
<br />third party contractor or sub recipient or impair its objectivity in performing the contract work.
<br />C. Debarment and Suspension
<br />This contract is a covered transaction for purposes of 2 CFR Part 1200, which adopts and
<br />supplements the provisions of U.S. Office of Management and Budget "Guidelines to Agencies
<br />on Government wide Debarment and Suspension (Nonprocurement)," 2 CFR Part 180. As
<br />such, the contractor is required to verify that none of the contractor, its principals, as defined at
<br />2 CFR 180.995 , or affiliates, as defined at 2 CFR 180.905, are excluded or disqualified as
<br />defined at 2 CFR 180.940,180.935 and 180.945.
<br />The Contractor agrees to comply, and assures the compliance of each third party contractor,
<br />sub - recipient, or lessee at any tier, with Executive Orders Nos. 12549 and 12689, "Debarment
<br />and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations, "Government -wide
<br />Debarment and Suspension (Non - procurement), 49 C.F.R. Part 29, Subpart C and 49CFR29,
<br />Subpart C in any lower tier covered transaction it enters into. The Contractor agrees to, and
<br />assures that its third party contractors, sub - recipients, and lessees will, review the Excluded
<br />Parties Listing System at (www.epis.gov/ before entering into any contracts.
<br />d. Bonus or Commission The Contractor affirms that it has not paid, and agrees not
<br />to pay, any bonus or commission to obtain approval of its Federal /State assistance application
<br />for the Project.
<br />e. Lobbying Restrictions The Contractor agrees that:
<br />(1) In compliance with 31 U.S.C. 1352(a),as amended by the Lobbying
<br />Disclosure Act of 1955, that Contractors who apply or bid for an award of
<br />$100,000 or more shall file the certification required by 49 CFR part 20,
<br />"New Restrictions on Lobbying." Each tier certifies it will not use and has
<br />not used Federal assistance to pay the costs of influencing any officer or
<br />employee of a Federal agency, Member of Congress, officer of Congress
<br />or employee of a member of Congress, in connection with making or
<br />extending the Grant Agreement;
<br />(2) it will comply with other applicable Federal laws and regulations prohibiting
<br />the use of Federal assistance for activities, designed to influence Congress
<br />or a State legislature with respect to legislation or appropriations, except
<br />through proper, official channels; and
<br />(3) It will comply, and will assure the compliance of each sub - recipient, lessee,
<br />or third party contractor at any tier, with U.S. DOT regulations, "New
<br />Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by 31
<br />U.S.C. § 1352.
<br />Updated 3/01/11 Page 7 of 41
<br />Attachment number 2
<br />F_g Page 141
<br />
|