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City of Sunny Isles Beach | ITB 18-03-02 Parks and Recreational Facilities Landscape Maintenance Services 127 <br />purchases of supplies or materials or articles ordinarily available on the open market, or contracts for <br />transportation or transmission of intelligence. <br />(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition <br />of “funding agreement” under 37 CFR §401.2 (a) and the recipient or sub-recipient wishes to enter into a <br />contract with a small business firm or nonprofit organization regarding the substitution of parties, <br />assignment or performance of experimental, developmental, or research work under that “funding <br />agreement,” the recipient or sub-recipient must comply with the requirements of 37 CFR Part 401, “Rights <br />to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, <br />Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding <br />agency. <br />(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- <br />1387), as amended—Contracts and sub-grants of amounts in excess of $150,000 must contain a provision <br />that requires the non-Federal award to agree to comply with all applicable standards, orders or <br />regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution <br />Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding <br />agency and the Regional Office of the Environmental Protection Agency (EPA). <br />(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR <br />180.220) must not be made to parties listed on the government-wide exclusions in the System for Award <br />Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive <br />Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment <br />and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise <br />excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other <br />than Executive Order 12549. <br />(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding <br />$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has <br />not used Federal appropriated funds to pay any person or organization for influencing or attempting to <br />influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, <br />or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any <br />other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds <br />that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier <br />to tier up to the non-Federal award. <br />(J) See §200.322 Procurement of recovered materials.