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<br />(Federal Certification-Non-Discrimination, Clean Air, Clean Water) (01/2018) Page 3 of <br />3 <br />d. The President may exempt any contract, loan, or grant from all or part of the provisions of <br />this section where he determines such exemption is necessary in the paramount interest of <br />the United States and he shall notify the Congress of such exemption. <br />e. The President shall annually report to the Congress on measures taken toward <br />implementing the purpose and intent of this section, including but not limited to the <br />progress and problems associated with implementation of this section. [42 U.S.C. 7606] <br /> <br />V. The Clean Water Act; 33 U.S.C. §1251 et seq. (1972) <br />a. No Federal agency may enter into any contract with any person who has been convicted of <br />any offense under Section 309(c) of this Act for the procurement of goods, materials, and <br />services if such contract is to be performed at any facility at which the violation which gave <br />rise to such conviction occurred, and if such facility is owned, leased, or supervised by <br />such person. The prohibition in preceding sentence shall continue until the Administrator <br />certifies that the condition giving rise to such conviction has been corrected. <br />b. The Administrator shall establish procedures to provide all Federal agencies with the <br />notification necessary for the purposes of subsection (a) of this section. <br />c. In order to implement the purposes and policy of this Act to protect and enhance the quality <br />of the Nation’s water, the President shall, not more than 180 days after the enactment of <br />this Act, cause to be issued an order: <br />(i) requiring each Federal agency authorized to enter into contracts and each Federal <br />agency which is empowered to extend Federal assistance by way of grant, loan, or contract <br />to effectuate the purpose and policy of this Act in such contracting or assistance activities, <br />and <br />(ii) setting forth procedures, sanctions, penalties, and such other provisions, as the <br />President determines necessary to carry out such requirement. <br />d. The President may exempt any contract, loan, or grant from all or part of the provisions of <br />this section where he determines such exemption is necessary in the paramount interest of <br />the United States and he shall notify the Congress of such exemption. <br />e. The President shall annually report to the Congress on measures taken in compliance with <br />the purpose and intent of this section, including, but not limited to, the progress and <br />problems associated with such compliance. <br />f. No certification by a contractor, and no contract clause, may be required in the case of a <br />contract for the acquisition of commercial items in order to implement a prohibition or <br />requirement of this section or a prohibition or requirement issued in the implementation of <br />this section. <br />g. In paragraph (1), the term “commercial item” has the meaning given such term in section <br />4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)). <br />________________________________ _______________________________ <br />Signature Title <br /> <br /> <br />________________________________ _______________________________ <br />Agency/Organization Date <br /> <br />(Certification signature should be same as Contract signature.) <br />DocuSign Envelope ID: 1AA39972-C6E2-4CB8-91D9-0F2BB225D735 <br />Partner <br />Stephenson & Fleming, LLP 6/23/2023