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clauses directing the subrecipient to comply with those requirements
<br />applicable to the Recipient imposed by this Agreement for the Project and
<br />extend those requirements as necessary to any lower level subagreement or
<br />any third party contractor at each tier.
<br />Section 3. Ethics.
<br />a. Code of Ethics. The Recipient agrees to maintain a written code or standards of conduct that
<br />shall govern the actions of its officers, employees, board members, or agents engaged in the
<br />award or administration of third party contracts or subagreements financed with
<br />Federal /State assistance. The Recipient agrees that its code or standards of conduct shall
<br />specify that its officers, employees, board members, or agents may neither solicit nor accept
<br />gratuities, favors, or anything of monetary value from any present or potential third party
<br />contractor at any tier or subrecipient at any tier or agent thereof. Such a conflict would arise
<br />when an employee, officer, board member, or agent, including any member of his or her
<br />immediate family, partner, or organization that employs, or intends to employ, any of the
<br />parties listed herein has a financial interest in the firm selected for award. The Recipient
<br />may set de minimis rules where the financial interest is not substantial, or the gift is an
<br />unsolicited item of nominal intrinsic value. The Recipient agrees that its code or standards
<br />shall also prohibit its officers, employees, board members, or agents from using their
<br />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
<br />Recipient agrees that its code or standards of conduct shall include penalties, sanctions, or
<br />other disciplinary actions for violations by its officers, employees, board members, or their
<br />agents, or its third party contractors or subrecipients or their agents. (1) Personal Conflicts
<br />of Interest. The Recipient agrees that its code or standards of conduct shall prohibit the
<br />Recipient's employees, officers, board members, or agents from participating in the
<br />selection, award, or administration of any third party contract or subagreement supported
<br />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
<br />member of his or her immediate family, partner, or organization that employs, or intends to
<br />employ, any of the parties listed herein has a financial interest in the firm selected for
<br />award. (2) Organizational Conflicts of Interest. The Recipient agrees that its code or
<br />standards of conduct shall include procedures for identifying and preventing real and
<br />apparent organizational conflicts of interest. An organizational conflict of interest exists
<br />when the nature of the work to be performed under a proposed third party contract or
<br />subagreement may, without some restrictions on future activities, result in an unfair
<br />competitive advantage to the third party contractor or subrecipient or impair its objectivity
<br />in performing the contract work.
<br />b. Debarment and Suspension. The Recipient agrees to comply, and assures the compliance of
<br />each third party contractor, with Executive Orders Nos. 12549 and 12689, "Debarment and
<br />Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations, "Governmentwide Debarment
<br />and Suspension (Nonprocurement)," 49 C.F.R. Part 29. The Recipient agrees to, and assures
<br />that its third party contractors will, review the Excluded Parties Listing System at
<br />(http: / /epls.arnet.gov /) before entering into any contracts.
<br />c. Bonus or Commission. The Recipient affirms that it has not paid, and agrees not to pay, any
<br />bonus or commission to obtain approval of its application for the Project.
<br />d. Lobbying Restrictions. The Recipient agrees that: (1) It will comply, and will assure the
<br />compliance of each third party contractor at any tier and each subrecipient at any tier, with
<br />U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as
<br />necessary by 31 U.S.C. § 1352, and (2) To the extent applicable, it will comply with
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