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code or standards shall also prohibit the its officers, employees, board members, or agents from using
<br /> their respective positions in a manner that presents a real or apparent personal or organizational
<br /> conflict of interest or personal gain. As permitted by State or local law or regulations, the Contractor
<br /> agrees that its code or standards of conduct shall include penalties, sanctions, or other disciplinary
<br /> actions for violations by its officers, employees, board members, or their agents, or its third party
<br /> 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 agents
<br /> from participating in the selection, award, or administration of any third party contract or subagreement
<br /> supported by Federal/State assistance if a real or apparent conflict of interest would be involved. Such
<br /> a conflict would arise when an employee, officer, board member, or agent, including any member of his
<br /> or her immediate family, partner, or organization that employs, or intends to employ, any of the parties
<br /> 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 subagreement may, without some
<br /> restrictions on future activities, result in an unfair competitive advantage to the third party contractor or
<br /> subrecipient or impair its objectivity in performing the contract work.
<br /> (3) Gifts. N.C.G.S. § 133-32 and Executive Order 24, of October 1, 2009 prohibit
<br /> the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the
<br /> State, or from any person seeking to do business with the State. By execution of this Agreement,
<br /> Contractor attests, for its entire organization and its employees or agents, that it is not aware that any
<br /> gift in violation of N.C.G.S. § 133-32 and Executive Order 24 has been offered, accepted, or promised
<br /> by any employees of Contractor.
<br /> C. Debarment and Suspension. The Contractor agrees to comply, and assures the
<br /> compliance of each third party contractor, subrecipient, 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, subrecipients, 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), it will not use Federal or state
<br /> assistance 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 making or
<br /> 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 influence
<br /> Congress or a State legislature with respect to legislation or appropriations, except through proper,
<br /> official 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 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
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