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COOPERATIVE AGREEMENT NO. C-6-1516 <br />EXHIBIT D <br />and to the Division of National Cargo, Office of Market Development, Maritime Administration, <br />Washington, DC 20590, marked with appropriate identification of the project. <br />ARTICLE 11. PROHIBITED INTERESTS <br />A. CONSULTANT covenants that, for the term of this Agreement, no director, member, <br />officer or employee of AUTHORITY during his/her tenure in office or for one (1) year thereafter, shall <br />have any interest, director indirect, in this Agreement or the proceeds thereof. <br />B. No member of or delegate to, the Congress of the United States shall have any interest, <br />direct or indirect, in this Agreement or to the benefits thereof. <br />ARTICLE 12. ALCOHOL AND DRUG POLICY <br />A. CONSULTANT agrees to establish and implement an alcohol and drug program that <br />complies with 41 U.S,C sections 701-707, (the Drug Free Workplace Act of 1988),which is attached <br />to this Agreement as Exhibit B, and produce any documentation necessary to establish its compliance <br />with sections 701-707. <br />B. Failure to comply with this Article may result in nonpayment or termination of this <br />Agreement. <br />ARTICLE 13. PRIVACY ACT <br />CONSULTANT shall comply with, and assures the compliance of its employees with, the <br />information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. §552a. <br />Among other things, CONSULTANT agrees to obtain the express consent of the Federal Government <br />before CONSULTANT or its employees operate a system of records on behalf of the Federal <br />Government. CONSULTANT understands that the requirements of the Privacy Act, including the civil <br />and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to <br />comply with the terms of the Privacy Act may result in termination of the underlying Agreement. <br />ARTICLE 14. CONFLICT OF INTEREST <br />CONSULTANT agrees to avoid organizational conflicts of interest. An organizational conflict <br />of interest means that due to other activities, relationships or contracts, CONSULTANT is unable, or <br />potentially unable to render impartial assistance or advice to the Authority; CONSULTANT's objectivity <br />in performing the work identified in the Scope of Work is or might be otherwise impaired; or <br />CONSULTANT has an unfair competitive advantage. CONSULTANT is obligated to fully disclose to <br />the AUTHORITY in writing Conflict of Interest issues as soon as they are known to CONSULTANT. <br />CONSULTANT is obligated to fully disclose to the AUTHORITY in writing Conflict of Interest issues <br />as soon as they are known to CONSULTANT. All disclosures must be submitted in writing to <br />AUTHORITY pursuant to the Notice provision herein. This disclosure requirement is for the entire term <br />of this Agreement. <br />Exhibit D <br />Page 16 <br />