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7. Availability and Use of Funds: Contractors understand and acknowledge that any and all payment <br />of funds or the continuation thereof is contingent upon funds provided solely by ARRA or required <br />state matching funds. Pursuant to Section 1604 of the ARRA, contractors agree not to undertake or <br />make progress toward any activity using recovery funds that will lead to the development of such <br />activity as casinos or other gambling establishments, aquariums, zoos, golf courses, swimming pools <br />or any other activity specifically prohibited by the Recovery Act. <br />8. Whistleblower Provisions: Contractors understand and acknowledge that Article 14 of Chapter 124, <br />NCGS 126 -84 through 126 -88 (applies to the State and state employees), Article 21 of Chapter 95, <br />NCGS 95 -240 through 85 -245 (applies to anyone, including state employees), and Section 1553 of <br />the Recovery Act (applies to anyone receiving federal funds), provide protection to State, Federal and <br />contract employees. <br />9. Outsourcing outside the USA without Specific Prior Approval Provision: Contractor agrees not <br />to use any recovery funds from a contract or any other performance agreement awarded by the State <br />of North Carolina, its agencies, or political subdivisions for outsourcing outside of the United States, <br />without specific prior written approval from the agency issuing the contract. <br />10. Federal, State and Local Tax Obligations: By submission of a response, contractors and <br />subcontractors assert and self- certify that all Federal, State and local tax obligations have been or will <br />be satisfied prior to receiving recovery funds. <br />11. Anti - Discrimination and Equal Opportunity: Pursuant to Section 1.7 of the guidance memorandum <br />issued by the United States Office of Management and Budget on April 3, 2009, recovery funds must <br />be distributed in accordance with all anti - discrimination and equal opportunity statutes, regulations, <br />and Executive Orders pertaining to the expenditure of funds. <br />12. Office of State Budget and Management Access to Records: OERI requires that the contractor <br />and subcontractor agree to allow the Office of State Budget and Management internal auditors and <br />state agency internal auditors access to records and employees pertaining to the performance of any <br />contract awarded by a public agency. <br />Solicitation No. 2011WXSSP <br />Pape 27 of 53 <br />Attachment number 1 <br />F -4 Page 139 <br />