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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 subrecipients 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 />subagreement 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 subagreement
<br />may, without some restrictions on future activities, result in an unfair competitive advantage to
<br />the third party contractor or subrecipient or impair its objectivity in performing the contract work.
<br />b. .Debarment and Suspension. The Contractor agrees to comply, and assures
<br />the compliance of each third party contractor, subrecipient, or lessee at any tier, with Executive
<br />Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, and
<br />U.S. DOT regulations, "Governmentwide Debarment and Suspension (Nonprocurement)," 49
<br />C.F.R. Part 29. The Contractor agrees to, and assures that its third party contractors,
<br />subrecipients, and lessees will, review the Excluded Parties Listing System at
<br />(http://epls.arnet.gov/) before entering into any contracts.
<br />c. 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 />d. Lobbyina 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 subrecipient,
<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. § 13.52.
<br />e. 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 />grant, cooperative agreement, or loan. Nevertheless, in accordance with 49 U.S.C. §
<br />NCDOT/PTD/FM
<br />Revised 8/4/2008 Page 6 of 28
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