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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
<br />interest in the firm selected for award. The Contractor may set de minimis rules
<br />where the financial interest is not substantial, or the gift is an unsolicited item of
<br />nominal intrinsic value. The Contractor agrees that its code or standards shall also
<br />prohibit the its officers, employees, board members, or agents from using their
<br />respective positions in a manner that presents a real or apparent personal or
<br />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
<br />include penalties, sanctions, or other disciplinary actions for violations by its
<br />officers, employees, board members, or their agents, its third party contractors or
<br />sub - recipients or their agents. N.C.G.S. § 133 -32 and Executive Order 24, of
<br />October 1, 2009 prohibit the offer to, or acceptance by, any State Employee of any
<br />gift from anyone with a contract with the State, or from any person seeking to do
<br />business with the State. By execution of this Agreement, Contractor attests, for its
<br />entire organization and its employees or agents, that it is not aware that any gift in
<br />violation of N.C.G.S. § 133 -32 and Executive Order 24 has been offered, accepted,
<br />or promised by any employees of Contractor.
<br />(1) Personal Conflicts of Interest. The Contractor agrees that its code or
<br />standards of conduct shall prohibit the Contractor's employees, officers,
<br />board members, or agents from participating in the selection, award, or
<br />administration of any third party contract, or sub - agreement supported by
<br />Federal /State assistance if a real or apparent conflict of interest would be
<br />involved. Such a conflict would arise when an employee, officer, board
<br />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
<br />listed 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
<br />preventing real and apparent organizational conflicts of interest. An
<br />organizational conflict of interest exists when the nature of the work to be
<br />performed under a proposed third party contract or sub - agreement, may,
<br />without some restrictions on future activities, result in an unfair competitive
<br />advantage to the third party contractor or sub - recipient or impair its objectivity
<br />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, sub - recipient, or lessee at any tier,
<br />with Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31
<br />U.S.C. § 6101 note, and U.S. DOT regulations, "Government -wide Debarment and
<br />Suspension (Non - procurement);' 49 C.F.R. Part 29. The Contractor agrees to, and
<br />assures that its third party contractors, sub - recipients, and lessees will, review the
<br />Excluded Parties Listing System at (http: / /epls.arnet.gov� before entering into any
<br />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 Federal /State
<br />assistance application for the Project.
<br />d. Lobbying Restrictions. The Contractor agrees that:
<br />(1) In compliance with 31 U.S.C. 1352(a), it will not use Federal assistance
<br />Updated 04/15/16
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