HomeMy WebLinkAboutResolution - 4085 - Contract - TDOT - #513-XXF-6019, Increase Operating Assistance For Citibus - 02_25_1993Resolution No.
February 25, 1993
Item #11
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock an amendment to the Transportation Contract numbered
513-XXF-6019 to be entered into by and between the City of Lubbock
and the Texas Department of Transportation, attached herewith,
which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Counci all constitute and be a part of
this Resolution as if fully c ied h-LiCein in S,aail.
Passed by the City Council this 2 i day _ Februar_y--, , 1993.
1
VID R. TANGSTON J )AAYOR
ATTEST:
Sally St 1 Abbe,
Acting City Secretary
APPROVED AS TO FORM:
*U
ao ld Willard
Assistant City Attorney
Resolution No.
February 25, 1993
Item #11
RECIPIENT: City of Lubbock/
Citibus
STATE PROJECT NO: TX93-90-0105
STATE CONTRACT NO: 513XXF6019
AMENDMENT TO CONTRACT
NO. 1
STATE OF TEXAS )(
COUNTY OF TRAVIS )(
THIS AMENDMENT TO CONTRACT made by and between the State of
Texas acting by and through the Texas Department of
Transportation hereinafter called the "State", and the City of
Lubbock/Citibus hereinafter called the "Contractor".
WITNESSETH
WHEREAS, on September 30, 1992, a contract was entered into
by and between the above -mentioned parties, which contract
provided for the expenditure of funds pursuant to the provisions
of Section 9 of the Federal Transit Act for a public
transportation project; and
WHEREAS, the contractor has been approved to receive
additional funds to carry out this project;
NOW, THEREFORE, in consideration of the mutual covenants
herein set forth, the parties hereto agree to amend the above -
mentioned contract as follows;
I. Article 3, page 2, sentence 1 is revised to read: "The
maximum amount payable under this Contract without modification
is $292,823).
II. All of the other terms, conditions and provisions of
the original contract shall remain in full force and effect.
IN TESTIMONY WHEREOF, the part
presents to be executed.
STATE OF TEXAS
Certified as being executed
for the purpose and effect of
activating and/or carrying
out the order, established
policies or work programs
heretofore approved and
authorized by the Texas
Transportation Commission
under the authority of
Minute Order 101598.
A P P f \ED:
By:
Director bf Public
Transportation
Date: 2" 2 b" �1
RECOMMENDED FOR EXECUTION:
District Engineer, District 5
Title: Mayor
Date: February 25, 1993
ATTEST:
Sally StilW Abbe
Acting City Secretary
Date: February 25, 1993
APPR ED AS 0 C
L rry V. o fman
Directo of Transportation
APPROVED AS TO FORM:
"J�4'n jj/'g"a
arold Willard
Assistant City Attorney
Debarment Certification
(Negotiated Contracts)
(1) The CONTRACTOR certifies to the best of its knowledge and belief, that it and
its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this proposal been convicted
of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or perform-
ing a public* transaction or contract under a public transaction; violation of
federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
(c) Are not presently indicated for or otherwise criminally or civilly charged by
a governmental entity* with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had
one or more public transactions* terminated for cause or default.
(2) Where the CONTRACTOR is unable to certify to any of the statements in
this certification, such CONTRACTOR shall attach an explanation to this
certification. ATTEST:
Mayor
Title
February 25, 1993
Sally Stiij Abbe
Acting City Secretary
APPROIJ�D AS TO CONTEIQTYz
Larry V. WcJfimanv r 1-`'
Director K Transportation
APPROVED AS TO FORM:
arold Willard
Assistant City Attorney
Form I734-A
4•h5
CERTIFICATION
of
Restrictions on Lobbying
j, David R. Langston, Mayor hereby certify
(name and title of grantee official)
On behalf of City of Lubbock that:
(name of grantee)
(1) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of.
Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an erployee of a
Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon
which reliance is placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section
1352, title 31, U.S. Cod ny person Who fails to file the
required certification all subject to a civil penalty of not
less than $10,000 and of more a for each such
failure.
Executed this 25th day o
ATTEST: I
Sally StiIJ Abbe
Acting City Secretary
AP OVED AS TO CONTENT:
LrryV f1111
Director of Trallilportation
a
signature of au�hVrized official)
David R. Langston, Mayor
(title of au%"!.:rized official)
APPROVED AS TO FORM:
arold Willard
Assistant City Attorney
01/10/93 ATTACHMENT A
CONTRACT BIIDGET
CONTRACTOR: CITY OF LUBBOCK/CITIBUS
STATE PROJECT NO.:TX93-90-0105
CONTRACT NL)MBER: 513XXF6019
FTA NUMBER: UNKNOWN
LINE ITEM 9 DESCRIPTION
TOTAL
FEDERAL
STATE
STATE
STATE
LOCAL
FORMULA
DISC
CSP
TX-90
II. OPERATING 50/25/25
1 OPERATING
2,600,000
1,300,000
204,253
69,904
18,666
1,007,177
-----------
2,600,000
----------------------
1,300,000 50%
-----------
204,253 8%
69,904
-----------
3% 18,666
-----------
1% 1,007,177 39%
TOTAL
-----------
2,600,000
----------------------
1,300,000
-----------
204,253
69,904
-----------
18,666
-----------
1,007,177
Federal Register / Vol. M, No. 243 / Wednesday. December 20. IM / Notices 52323
DISCLOSURE Of LOBBYING ACTIVITIES o yam" °"`
Complete this form to disdosr lobbying activities pursuant to 31 u.S C. U52
(See averse for public burden di Joswe.)
1. Type of Federal Action:
L Status of Federal Action:
L Report Tree
a. contract
b.
a. bidrotferlapplication
a. WOO fillr+�
grant
b. initial award
b. material change
e. cooperative agreement
Ill. loan
a post -sward
for Material Change Onir
e. ban puarante•e
date quaver
f. ban insurance
daft. of last report
a. tarn and Address of Reporting EWkr.
L r ReportI Entity bl No. A M Sobi wardee, Enter Name
O Prime O Subawardee
and Addn4 of Priiree
Tier , if Mow":
CmStesslonal District, of Lnowrr.
Congresslorial District rf known:
6. Federal Departmen&Agencr.
7. Federal Program NamelDescriptkm
CTDA Number, /applicable:
i. Federal Action Number, d known:
f. Award Amoutti. d known:
S
10. L Name and Address of Lobbying Entity b. Individuals Pertormina Services (rnscludaV addreu d
hrst Mm hom
frl mdmdual, last name, name, difterent ho. Mai
(last name, first name. Mlk
irtac� Crnr,nwnen S*Mr ► Sr-ttr•� rl rMrnsnn
11. Amount of Payment (check all that apply):
13. Type of Payment (check all that spMv:
S O actual O planned
O L retainer
O b. one-time lee
O e. commission
12. Forms of Payment (check all that apply):
O a. ash
O d. contingent fee
O b. in•kind, specify: nature
O e. deferred
O f. other, speciy:
value
14. Brief Description of Services Pedorrmed or to be Performed and Date(s) of Service, imdudinj officer(sL empto"&L
or IMemberts) contacted. lot Payrment Indicated in Item 11:
iftch cP1H wafter V-LU 00WOSt
IS. Continuation Sheet(s) SF•LLL,A sttacbedi O Yes O No
16 wwoot.on "Wnud **a* to 6r+ a •ithoww r 6r bra is use
Sib+
sew Its) rfa 1xbu,w l ldb" a%-nr ■ a ww"ra; pw.rt,ris
Ure:
of 6,e Nam ~ ..are .. r=d 6r she ow 416M trerew /6E
Mid Narrle:
IrWMK 1401 W/ Aede a W%PW /SEC V%Q *WbW" • rq,wd PW%d w M
I W C 13$1 Brw aft-ow-m rr* be wporred to rhr Corwoa MEW.
r�l:
a W-M& " -4 be OMeM.,6Ec . br pwpwnvn aft ponaw � 6r. •
6" Po MQ—V d &W40" " 6r "w 1 M a erd pw*ry or ow ba &. a
s>r me a•d 101 ..m #%&r I M./oo b &&A web jo ov
Tel pholse No.: Date:
federal list Onf)o
•ut).anepd la tacer aepr6dae,ow
.
jur4x6 Ism, • W
52324 Federal Register / Vol. 54. No. 243 / Wednesday. December 20. i9su % Notices
INSTRUCTIONS FOR COMPLETION Of Sf•LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This diPJoswe form shall be completed by Use reporting entity, whether subawardee or prime federal recipient, at the
Initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 US.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
Influencing cw attempOng to influence ,an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employer of a Member of Congress in connection with a covered Federal action. Use the
SF-UL-A CcAtinuation Sheet for additional Information if the space on the form is Inadequate. Complete all items that
apply for both the Initial filing and material change report. Refer to the implementing guidance published by the Office of
Management and Budget for additional Information.
1. Identify the type of covered Federal action for which lobbying activity is ar4or has been secured to influence the
outcome of a covered Federal cation.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. if this h a lollowup report caused by a material change to the
Information previously reported, enter the year and quarter In which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and trip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be. a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
S. If the organization filing the report in item 4 checks `Subawardee", then enter the full narr.e, address, VrT, state and
zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or ban commitment. include at least one organizational
level below agency name, if knows. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item t (e.g.,
Request for Proposal (RFP) number, Invitation for Bid (IFS) number, grant announcement number, the contact,
grant, or loan award number; the application;proposal control number assigned by the Federal agengl. Include
prefixes, e.g., "I± -DE-10-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the
Federal amount of the awardloan commitment for the prime entity identified in iten 4 or S.
10. (a)Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity
identified in item 4 to influence the covered Federal action.
(b)Enter the full names of the individual(s) performing services, and Include full address if different from 10 (a).
Enter Last Name, First Name, and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonabh- expected to be paid b� the reposing entity (item 4) to the
lobbying entity (item 10). Indicate whether the payment has been made iactualr or will be made (planned). Check
all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned
to be made.
12. Check the appropriate box(es). Check all boxes that apply. 1f payment is made through an in-Und contribution,
specify the nature and value of the kAjrid pryr lent.
13. Check the appropriate box(es). Check all boxes that apply. if other, specify nature.
14. Provide a specific and deuned description of the services that the lobbyist has performed, or will be expected to
perform, and the date(s) of any services rendered. Include aft prepustory and related activity, not just time spent in
actual contact with Federal officWs. Identify the Federal offais or employee(s) contacted or the officer(:),
employee(Q, or Member(s) of Congress that were contacted.
1S. Check whether or not a SF-LLL,A Continuation Sheet(s) K attached.
16. The certifying official shall sign and date the torn. print Isishser name, title, and telephone number.
Public reporting burden kX tlxt eottecbon of information is est mated to average m rromro s per reaponw. incWng time for reviewireg
instnxtions. search" rim" dau sources, lath enna and nutntair" the data needed. and cornpreong and rev —vi the eollemon of
information. Send eornnsenes rega►drnd the burden estimate or any ocher aspect of this collectan ci inlorrnat6on. WKluddng u,gaesuons
low reducing thn burde% to the ofteee of Managrrnent and budget. r'aperwork Reducton Project (03*4D4). wash-ron. D C 20503
Federal Register Vol. 54. No. 243 Wednesday. December 20. 1989 I Notices 52325
DISCLOSURE Of LOBBYING ACTIVITIES
CONTINUATION SHEET
I Reporibn Entitr Page - of.
Awd.priald ow Ma &""Awh"
SUadard Fwn . L"
52326 Federal Register f Vol. $4. No. 243 / Wednesday. December 20. 1989 / Notices
Appenlix C to Part - Contract Clause
NEW RESTRICTIONS ON LOBBYING
(a) Definitions. As used in this clause,
"Agency", as defined in 5 U.S.C. 552(f), includes Federal
executive departments and agencies as well as independent
regulatory commissions and Government corporations, as defined in
31 U.S.C. 9101(1).
"Covered Federal action" means any of the following Federal
actions:
(1) The awarding of any Federal contract;
(2) The making of any Federal grant;
(3) The making of any Federal loan;
(4) The entering into of any cooperative agreement; and,
(5) The extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
Covered Federal action does not include receiving from an agency
a commitment providing for the United States to insure or
guarantee a loan.
"Indian tribe" and "tribal organization" have the meaning
provided in section 4 of the Indian Self -Determination and
Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are
included under the definitions of Indian tribes in that Act.
"Influencing or attempting to influence" means making, with
the intent to influence, any communication to or appearance
before an officer or employee of any agency, a Member of.
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with any covered Federal action.
"Local government" means a unit of government in a State
and, if chartered, established, or otherwise recognized by a
1 State for the performance of a governmental duty, including a
local public authority, a special district, an intrastate
district, a council of governments, a sponsor group
representative organization, and any other instrumentality of a
local government.
"Officer or employee of an agency" includes the following
Individuals who are employed by an agency:
(1) An individual who is appointed to a position i.D the
Government under title 5, U.S. Code, including a position
under a temporary appointment;
(2) A member of the uniformed services as defined in
section 101(3), title 37, U.S. Code;
(3) A special Government employee as defined in section
202, title 18, U.S. Code; and,
21
M
if ederid Register ! 1 of 54. No. 243 t lti eanesday. Oece:nuer 20. 3989 / N011ces 52327
(4) An individual who is a member of a Federal advisory
committee, as defined by the Federal Advisory Committee Act,
title 5, U.S. Code appendix 2.
"Ferson" means an individual, corporation, company,
association, authority, firm, partnership, society, State, and
local government, regardless of whether such entity is operated
for profit or not for profit. This tern_excludes an Indian
tribe, tribal organization, or any other Indian organization with
respect to expenditures specifically permitted by other Federal
law.
"Reasonable compensation" means, with respect to a regularly
employed officer or employee of any person, compensation that is
consistent with the normal compensation for such officer or
employee for work that is not lurnished,to, not funded by, or not
fur ished in, cooperation with the Federal Government.
"Reasonable payment" means, with respect to professional and
other technical services, a payment in an amount that is
consistent with the amount normally paid for such services in the
private sector.
"Recipient" includes all contractors and subcontractors at
any' tier in connection with a Federal contract. The term
excludes an Indian tribe, tribal organization, or any other
Indian organization with respect to expenditures, specifically
permitted by other Federal law.
"Regularly employed" means, with respect to art officer or
employee of a person requesting or receiving a Federal contract,
an officer or employee who is employed by such person for at
least 130 working days within one year immediately preceding the
date of the submission that initiates agency consideration of
such person for receipt of such contract. An officer or employee
who is employed by such person for less than 130 working days
Within one year immediately preceding the date of the submission
that initiates agency consideration of such person shall be
considered to be regularly employed as soon as he or she is
employed by such person for 130 working days.
i "State" means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, a territory or
possession of the United States, an agency or instrumentality of
a State, and a multi -State, regional, or interstate entity having
governmental duties and powers.
(b) Prohibition.
(2) Section 1352 of title 31, U.S. Code provides in part
that: no appropriated funds may be expended by the recipient of a
Federal contract, grant, loan, or cooperative agreement to pay
22
S232Z Federal Register / Vol. 54. No. 243 / Wednesday. December 2a 1989 / Notices
any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with any of the following covered Federal actions:
the awarding of any Federal contract, the aaking of any Federal
grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant,.loan,
or cooperative agreement.
(2) The prohibition does not apply as follows:
(i) Agency and legislative liaison by Own Employees.
(A) The prohibition on the use of appropriated
funds, in paragrap*)(1) of this section, does not apply in the
case of a payment or reasonable compensation made to an officer
or employee of a person requesting or receiving a Federal
contract if the payment is for agency and legislative' liaison
activities not directly related to a covered Federal action.
Cb�O )
(B) For purposes of paragraphs (A) of this
section, providing any information specifically requested by an
agency or Congress is allowable at any time.
(WOO
(C) For purposes of paragraphs (A) of this
section, the following agency and legislative liaison activities
are allowable at any time only where they are not related to a
specific solicitatio for any covered Federal action:
1 (1) Discussing with an agency (including
individual demonstrations) the qualities and characteristics of
the person's products or services, conditions or terms of sale,
and service capabilit4esj and,
2 (M) Technical discussions and other
activities regarding the application or adaptation of the
person's products or services for an agency's use.
(D) For purposes of paragraph (A) of this
section,r the following agency and legislative liaison activities
are allowable only where they .are prior to formal solicitation of
any covered Federal motion:
(f�) Providing any information not
specifically requested but necessary for an agency to make an
informed decision ab=t initiation of a covered Federal actions
i) Technical discussions regarding the
preparation of an unsolicited proposal prior to its official
submission; and,
(hi) Capability presentations by persons
seeking awards from an agency pursuant to the provisions of the
Small Business Act, as amended by Public Law 95.507 and other
subsequent amendments.
23
Federal Register / Vol. $4. No. 243 /Wednesday. December 20. 1989 / Notices 52329
(E) Only those activities expressly authorized by
paragrap�1a(i) of this section are allowable under paragraph (i).
(ii) Professional and technical services by own
Employees.
(A) The prohibition on the use of appropriated
funds, in paragraph &(1) of this section, does not apply in the
case of a payment or reasonable compensation made to an officer
or employee of a person requesting or receiving a Federal
contract or an extension, continuation, renewal, amendment, or
modification of a Federal contract if payment is for professional
or technical .services rendered directly in the preparation,
submission, or negotiation of any bid, proposal, or application
for that Federal contract or for meeting requirements imposed by
or pursuant to law as a condition for receiving that Federal
contract., (b)(2.) (;I)
(13) For purposes of paragraph a (A) of this
section, "professional and technical services" shall be limited
to advice and analysis directly applying any professional or
technical disciplihe. For example, drafting of a legal docent
accompanying a bid or proposal by a lawyer is allowable.
similarly,. technical advice provided by an engineer on the
performance or operational capability of a piece of equipment
rendered directly in the negotiation of a contract is allowable.
However, communications with the intent to influence made by a
professional (such as a licensed lawyer) or a technical person
(such as a licensed accountant) are not allowable under this
section unless they provide advice and analysis directly applying
their professional or technical expertise and unless the advice
or analysis is rendered directly and solely in the preparation,
submission or negotiation of a covered Federal action. Thus, for
example, communications with the intent to influence made by a
lawyer that do not provide legal advice or analysis directly and
solely related to the legal aspects of his or her client's
proposal, but generally advocate one proposal over another are
not allowable under this section because the lawyer is not
providing professional legal services. Similarly, communications
with the intent to influence'made by an engineer providing an
engineering analysis prior to the preparation or submission of a
bid or proposal are not allowable under this section since the
engineer is providing technical services but not directly in the
preparation, submission or negotiation of a covered Federal
action.
(C) Requirements imposed by or pursuant to law as
a condition for receiving a covered Federal award include those
required by law or regulation, or reasonably expected to be
required by law or regulation, and any other requirements in the
actual award documents.
24
52330 Federal Reg[ster / Vol. 51. No. 243 f Wednesday. December 20. 119" / Notices
(6X�) (D) Only those services expressly authorized by
paragraph 4(ii) of this section are allowable under paragraph
(iii) Reporting for Own Employees.
No reporting is required with respect to payments of reasonable
compensation made to regularly employed officers or employees of
a person.
(iv) Professional and technical services by Other than
Own Employees.
(A) The prohibition on the use of appropriated
funds, in paragraphQ1) of this section, does not apply in the
case of any reasonable payment to a person, other than an officer
or employee of a person requesting or receiving a covered Federal
action, if the payment is for professional, or technical services
rendered directly in the preparation, submission, or negotiation
of any bid, proposal, or application for that Federal contract or
for meeting requirements imposed by or pursuant to law as,a
condition for receiving that Federal contract.
(OW Ci {i
(B) For purposes of paragraphs (A) of this
section, "professional and technical services" shall be limited
to advice and 'analysis directly applying any professional or
technical discipline. For example, drafting of a legal document
accompanying a bid or proposal by a lawyer is allowable.
Similarly, technical advice provided by an engineer on the
performance or operational capability of a piece of equipment
rendered directly in the negotiation of a contract is allowable.
However, communications with the intent to influence made by a
professional (such as a licensed lawyer) or a technical person
(such as a licensed accountant) are not allowable under this
section unless they provide advice and analysis directly applying
their professional or technical expertise and unless the advice
or analysis is rendered directly and solely in the preparation,
submission or negotiation of a covered Federal action. Thus, for
example, communications with the intent to influence made by a
lawyer that do not provide legal advice or analysis directly and
solely related to the legal aspects of his or her client's
proposal, but generally advocate one proposal over another are
not allowable under this section because the lawyer is not
providing professional legal services. Similarly, communications
with the intent to influence made by an engineer providing an
engineering analysis prior to the preparation or submission. of a.
bid or proposal are riot allowable under this section since the
engineer is ,providing technical services but not directly in the
preparation, submission or negotiation of a covered Federal
action.
25
federal Re2fster ! Vol. 54. No. 243 i Wednesday. Decemlwr 20. if3R3 / Notices �$31
(C) Requirements imposed by or pursuant to law as
a condition for receiving a covered Federal award include those
required by law or regulation, or reasonably expected 'to. be
required by law or regulation, and any other requirements in the
actual award documents.
(D) Persons other than officers or employees of
a person requesting or receiving a covered Federal action include
consultants and trade associations.
CXs) (E) only those services expressly authorized by
paragraph # (iv) of this section are allowable under paragraph 06-)
(Lv) •
(c)'. Disclosure.
(1) Each person vho requests or receives from an agency a
Federal contract shall file vith that agency a certification, set
forth in , that the person has not made, and will not make,
any payment prohibited by paragraph (b) of this clause.
(2) Each person who requests or receives from an agency a
Federal contract shall file with that agency a disclosure form,
Standard Form-LLL, «Disclosure of Lobbying Activities," if such
person has made or has a reed to make any payment using
nonappropriated funds (to include profits from any covered
Federal action), vhieh would be prohibited under paragraph (b) of
this clause if paid for with appropriated funds.
(1) Each person shall file a disclosure form at the end of
each lcalendar quarter in which there occurs -any event that
requires disclosure or that materially affects the accuracy of
the information contained in any disclosure form previously filed
by such person under paragrapWc)(2) of this section. An event
that materially affects the accuracy of the information reported
includes
(i) A cumulative increase of $25,000 or more in the
amount paid or expected to be paid for influencing or attempting
to influence a covered Federal action; or
(ii) A change itr the person(s) or individual(s)
influencing or attempting to influence a covered Federal action;
or,
(111) A change in the officer(s), employee(&), or
Members) contacted to influence or attempt to influence a
covered Federal action.
(4) Any person who requests or receives from a 'person.
referred to in paragraph(t)(1) of this section a subcontract
exceeding 6100,000 at any tier under a Federal contract shall
file'a certification, W a disclosure form, if required, to the
next tier above.
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G2332 Federal Register I Vol. 54. No. 243 / Wednesday. December :0. 1989 / Notices
(5) All disclosure forms, but not certifications, shall be
forwarded from tier to tier until received by the person referred
to in paragraph(L)1).of this section. That person shall forward
all disclosure forms to the agency.
(d) Agreement. in .accepting any contract resulting from this
solicitation, the person submitting the offer agrees not to make
any payment prohibited by this clause.
(a) Penalties.
(i) Any person who makes an expenditure prohibited under
paragraph (b) of this clause shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such
expenditure.
(2) Any person who fails to file or amend the disclosure
fora to be filed or amended if required by this clause, stall be
subject to a civil penalty of not less than $10,000 and not more
than e..100,000 for each such failure.
(3) Contractors may rely without liability on the
representations made by their subcontractors in the certification
and disclosure form.
(f) Cost allowability. Nothing in this clause is to be
interpreted to make allowable or reasonable any costs which would
be unallowable or unreasonable in accordance with Part 31 of the
Federal Acquisition Regulation. * Conversely, costs made
specifically unallowable by the requirements in this clause will
not be made allowable under any of the provisions of Part 31 of
the Federal Acquisition Regulation.
.M Doa. 89-2r3Z Filed 1:-1G-09 SiOs pm)
tmim coot 311"I-C
(End of Clause)
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