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that its code or standards shall also prohibit the its officers, employees, board members, or <br />agents from using their respective positions in a manner that presents a real or apparent <br />personal or organizational conflict of interest or personal gain. As permitted by State or local <br />law or regulations, the Contractor agrees that its code or standards of conduct shall include <br />penalties, sanctions, or other disciplinary actions for violations by its officers, employees, board <br />members, or their agents, its third party contractors or sub-recipients or their agents.. <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 Federal/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 <br />code or standards of conduct shall include procedures for identifying and preventing real and <br />apparent organizational conflicts of interest. An organizational conflict of interest exists when <br />the nature of the work to be performed under a proposed third party contract or sub-agreement <br />may, without some restrictions on future activities, result in an unfair competitive advantage to <br />the third party contractor or sub-recipient or impair its objectivity in performing the contract <br />work. <br />c. Debarment and Suspension. The Contractor agrees to comply, and <br />assures the compliance of each third party contractor, sub-recipient, or lessee at any tier, with <br />Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 <br />note, and U.S. DOT regulations, "Government-wide Debarment and Suspension (Non- <br />procurement)," 49 C.F.R. Part 29. The Contractor agrees to, and assures that its third party <br />contractors, sub-recipients, and lessees will, review the Excluded Parties Listing System at <br />(http://epls.arnet.gov/) before entering into any contracts. <br />d. Bonus or Commission. The Contractor affirms that it has not paid, and <br />agrees not to pay, any bonus or commission to obtain. approval of its State assistance <br />application for the Project. <br />e. Lobbying Restrictions. The Contractor agrees that: <br />(1) In compliance with 31 U.S.C. 1352(a), it will not use Federal <br />assistance <br />to pay the costs of influencing any officer or employee of a Federal agency, Member of <br />Congress, officer of Congress or employee of a member of Congress, in connection with <br />making or extending the Grant Agreement; <br />(2) It will comply with other applicable Federal laws and regulations <br />prohibiting the use of Federal assistance for activities, designed to influence Congress or a <br />.State legislature with respect to legislation or appropriations, except through proper, official <br />channels; and <br />(3) It will comply, and will assure the compliance of each sub-recipient, <br />lessee, or third party contractor at any. tier, with U.S. DOT regulations, "New Restrictions on <br />Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C. § 1352. <br />f. Employee Political Activity. To the extent applicable, the Contractor agrees <br />to comply with the provisions of the Hatch Act, 5 U.S.C. §§ 1501 through 1508, and 7324 <br />through 7326, and U.S. Office of Personnel Management regulations, "Political Activity of <br />State or Local Officers or Employees," 5 C.F.R. Part 151. The Hatch Act limits the political <br />activities of State and local agencies and their officers and employees, whose principal <br />employment activities are financed in whole or part with Federal funds including a Federal <br />Updated 07/26/10 ~ <br />