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any member of his or her immediate family, partner, or organization that employs, or intends to employ,
<br /> any of the parties listed herein has a financial interest in the 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 of the
<br /> work to be performed under a proposed third party contract or sub-agreement, may, without some
<br /> restrictions on future activities, result in an unfair competitive advantage to the third party contractor or
<br /> sub-recipient or impair its objectivity in performing the contract work.
<br /> C. Debarment and Suspension. The Contractor agrees to comply, and assures the
<br /> compliance of each third party contractor, sub-recipient, or lessee at any tier, with Executive Orders
<br /> Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT
<br /> regulations, "Government-wide Debarment and Suspension (Non-procurement)," 49 C.F.R. Part 29.
<br /> The Contractor agrees to, and assures that its third party contractors, sub-recipients, and lessees will,
<br /> review the Excluded Parties Listing System at (http://epls.arnet.gov/) before entering into any contracts.
<br /> d. Bonus or Commission. The Contractor affirms that it has not paid, and agrees not to
<br /> pay, any bonus or commission to obtain approval of its Federal/State assistance application for the
<br /> 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$100,000 or more shall file
<br /> the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies it will
<br /> not use and has not used Federal assistance to pay the costs of influencing any officer or employee of
<br /> a Federal agency, Member of Congress, officer of Congress or employee of a member of Congress, in
<br /> connection with 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 State
<br /> legislature with respect to legislation or appropriations, except through proper, official 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 Lobbying,"
<br /> 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 to
<br /> comply with the provisions of the Hatch Act, 5 U.S.C. §§ 1501 through 1508, and 7324 through 7326,
<br /> and U.S. Office of Personnel Management regulations, "Political Activity of State or Local Officers or
<br /> Employees," 5 C.F.R. Part 151. The Hatch Act limits the political activities of State and local agencies
<br /> and their officers and employees, whose principal employment activities are financed in whole or part
<br /> with Federal funds including a Federal grant, cooperative agreement, or loan. Nevertheless, in
<br /> accordance with 49 U.S.C. § 5307(k)(2)(B) and 23 U.S.C. § 142(g), the Hatch Act does not apply to a
<br /> non-supervisory employee of a public transportation system (or of any other agency or entity
<br /> performing related functions) receiving FTA assistance to whom the Hatch Act would not otherwise
<br /> apply.
<br /> g. False or Fraudulent Statements or Claims. The Contractor acknowledges and
<br /> agrees that:
<br /> (1) Civil Fraud. The Program Fraud Civil Remedies Act of 1986, as amended, 31
<br /> U.S.C. §§ 3801 et seq., and U.S. DOT regulations, "Program Fraud Civil Remedies,"49 C.F.R. Part 31,
<br /> apply to its activities in connection with the Project. By executing this Agreement for the Project, the
<br /> Contractor certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or
<br /> it may make in connection with the Project. In addition to other penalties that may apply, the Contractor
<br /> also understands that if it makes a false, fictitious, or fraudulent claim, statement, submission,
<br /> certification, assurance, or representation to the Federal/State Government concerning the Project, the
<br /> Federal/State Government reserves the right to impose on the Contractor the penalties of the Program
<br /> Fraud Civil Remedies Act of 1986, as amended, to the extent the Federal/State Government deems
<br /> appropriate.
<br /> (2) Criminal Fraud. If the Contractor makes a false, fictitious, or fraudulent claim,
<br /> statement, submission, certification, assurance, or representation to the Federal/State Government or
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