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Benevate Inc. (dba Neighborly Software) SAAS Services Order Form <br />(1v) Vendor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation <br />in any federal programs. Vendor also agrees to verify that all subcontractors performing work under this <br />contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the <br />requirements above. Vendor further agrees to notify the Agency in writing immediately if Vendor or its <br />subcontractors are not in compliance during the term of this contract. <br />(H) Appendix II to Part 200 (1) — Byrd Anti -Lobbying Act: If this contract is in excess of $100,000, Vendor shall have <br />submitted and filed the required certification pursuant to the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1353). If <br />at any time during the contract term funding exceeds $100,000,00, Vendor shall file with the Agency the Federal <br />Standard Form LLL titled "Disclosure Form to Report Lobbying." Vendors 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 not used <br />Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or <br />employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of <br />Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. <br />Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any <br />Federal award. Such disclosures are forwarded from tier to tier up to the recipient. <br />(1) Appendix II to Part 200 (J) — Procurement of Recovered Materials: <br />(I) Vendor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource <br />Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in <br />guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest <br />percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, <br />where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding <br />fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and <br />resource recovery; and establishing an affirmative procurement. <br />(i i) In the performance of this contract, the Vendor shall male maximum use of products containing recovered <br />materials that are EPA -designated items unless the product cannot be acquired: Competitively within a timeframe <br />providing for compliance with the contract performance schedule; Meeting contract performance requirements; <br />or At a reasonable price. <br />(III) Information about this requirement, along with the list of EPA -designate items, is available at EPA's <br />Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement- <br />guideline-cpg-program. <br />5. MISCELLANEOUS PROVISIONS <br />(A) The Vendor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials <br />without specific FEMA preapproval. <br />(B) This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Vendor will <br />comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. <br />(C) Vendor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies <br />to the Vendor's actions pertaining to this contract. <br />(D) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the Agency, <br />Vendor, any subcontractors or any other party pertaining to any matter resulting from the contract. <br />(E) General and Administrative Expenses And Profit For Time And Materials Contracts/Amendments. <br />(1) General and administrative expenses shall be negotiated and must conform to the Cost Principles. <br />14 <br />