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Benevate Inc. (dba Neighborly Software) SAAS Services Order Form
<br />agreement," the non -Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions
<br />Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
<br />Cooperative Agreements), and any implementing regulations issued by the Agency.
<br />(II) The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement' as any contract, grant, or
<br />cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and
<br />any contractor for the performance of experimental, developmental, or research work funded in whole or in part
<br />by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any
<br />type entered into for the performance of experimental, developmental, or research work under a funding
<br />agreement as defined in the first sentence of this paragraph.
<br />(III) This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management
<br />Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management
<br />Grant Program, and Federal Assistance to Individuals and Households — Other Needs Assistance Grant Program,
<br />as FEMA awards under these programs do not meet the definition of "funding agreement." -
<br />(F) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of
<br />$150,000, Vendor shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air
<br />Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
<br />(I) Pursuant to the Clean Air Act, (1) Vendor agrees to comply with all applicable standards, orders or
<br />regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Vendor agrees to
<br />report each violation to the Agency and understands and agrees that the Agency will, in turn, report each
<br />violation as required to assure notification to the Federal awarding agency and the appropriate Environmental
<br />Protection Agency Regional Office, and (3) Vendor agrees to include these requirements in each subcontract
<br />exceeding $150,000.
<br />(II) Pursuant to the Federal Water Pollution Control Act, (1) Vendor agrees to comply with all applicable
<br />standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33
<br />U.S.C. 1251 et seq., (2) Vendor agrees to report each violation to the Agency and understands and agrees
<br />that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding
<br />agency and the appropriate Environmental Protection Agency Regional Office, and (3) Vendor agrees to
<br />include these requirements in each subcontract exceeding $150,000.
<br />(G) Appendix Ii to Part 200 (H) — Debarment and Suspension: A contract award (see 2 C.F.R. § 180,220) must not be
<br />made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance
<br />with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189)
<br />and 12689 (3 C.F.R. part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of
<br />parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory
<br />or regulatory authority other than Executive Order 12549.
<br />(I) This contract is a covered transaction for purposes of 2 C.F.R. In. 180 and 2 C.F.R. pt. 3000. As such Vendor
<br />is required to verify that none of the Vendor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates
<br />(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
<br />C.F.R. § 180.935).
<br />(II) Vendor must comply with 2 C.F.R, pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a
<br />requirement to comply with these regulations in any lower tier covered transaction it enters into.
<br />(III) This certification is a material representation of fact relied upon by Agency. If it is later determined that
<br />Vendor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
<br />remedies available to the Agency, the Federal Government may pursue available remedies, including but not
<br />limited to suspension and/or debarment.
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