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36. Exclusionary or Discriminatory Specifications or Requirements The Contractor agrees that it will comply with the requirements of 49 U.S.C. Sect. 5325(h) by refraining from using any funds derived from FTA in performance of this Contract to support any sub- contracts that use exclusionary or discriminatory specifications or requirements. 37. North Carolina State Ethic's Requirement Pursuant to Governor Perdue's Executive Order # 24, this section should be included in the terms and conditions of all contracts let by the Governor's Cabinet Agencies and the Office of the Governor: 1) "By Executive Order 24, issued by Governor Perdue, and N.C. G.S.§ 133 -32, it is unlawful for any vendor or Contractor ( i.e. architect, bidder, Contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (i.e., Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). This prohibition covers those vendors and Contractors who: (1) have a contract with a governmental agency; or (2) have performed under such a contract within the past year; or (3) anticipate bidding on such a contract in the future. For additional information regarding the specific requirements and exemptions, vendors and Contractors are encouraged to review Executive Order 24 and G.S. Sec. 133 -32. Executive Order 24 also encouraged and invited other State Agencies to implement the requirements and prohibitions of the Executive Order to their agencies. Vendors and Contractors should contact other State Agencies to determine if those agencies have adopted Executive Order 24." To be added near the signature portion of all contracts let by the Governor's Cabinet Agencies and the Office of the Governor: "N.C.G.S. § 133 -32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization." 47 Attachment- number_t F -5 Page 117