Orange County NC Website
Page 7 of 40 <br /> conflict of interest would be involved. Such a conflict would arise when an employee, <br /> officer, board member, or agent, including any member of his or her immediate family, <br /> partner, or organization that employs, or intends to employ, any of the parties listed <br /> herein has a financial interest in the 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 <br /> and apparent organizational conflicts of interest. An organizational conflict of interest <br /> exists when the nature of the work to be performed under a proposed third party contract <br /> or sub-agreement may, without some restrictions on future activities, result in an unfair <br /> competitive advantage to the third party contractor or sub-recipient or impair its objectivity <br /> in performing the contract work. <br /> C. Debarment and Suspension. This contract is a covered transaction for <br /> purposes of 2 CFR Part 1200, which adopts and supplements the provisions of U.S. <br /> Office of Management and Budget "Guidelines to Agencies on Debarment and <br /> Suspension (Non-procurement)," 2 CFR Part 180. As such the contractor is required to <br /> verify that none of the contractor, its principals, as defined at 2 CFR 180.995, or affiliates, <br /> as defined at 2 CFR 180.905, are excluded or disqualified as defined at 2 CFT <br /> 180.940,180.935 and 180.945. <br /> The Contractor agrees to comply, and assures the compliance of each third party <br /> contractor, sub-recipient, or lessee at any tier, with Executive Orders Nos. 12549 and <br /> 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations, <br /> "Government wide Debarment and Suspension (Non-procurement)," 49 C.F.R. Part 29 <br /> Subpart C and 49 CFR 29 C in any lower tier covered transaction it enters into. The <br /> Contractor agrees to, and assures that its third party contractors, sub-recipients, and <br /> lessees will review the Excluded Parties Listing System at (www.epls.gov/) before <br /> 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 Federal/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), as amended by the Lobbying <br /> Disclosure Act of 1955, that Contractors who apply or bid for an award <br /> of $100,000 or more shall file the certification required by 49 CFR part <br /> 20, "New Restrictions on Lobbying." Each tier certifies it will not use <br /> and has not used Federal assistance to pay the costs of influencing <br /> any officer or employee of a Federal agency, Member of Congress, <br /> 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 and state laws and <br /> regulations prohibiting the use of Federal or state assistance for activities designed to <br /> influence Congress 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, <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 State <br /> or Local Officers or Employees," 5 C.F.R. Part 151. The Hatch Act limits the political activities <br /> of State and local agencies and their officers and employees, whose principal employment <br /> activities are financed in whole or part with Federal funds including a Federal grant, cooperative <br /> Revised 02/20/13 <br />