HomeMy WebLinkAboutRES 93-046 RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to amend the contract
between the State of Texas, acting by and through the Texas Department of
Transportation, and the City of Beaumont to include the additional $52,136.00 in
PTF discretionary money. A copy of the proposed amendment is attached hereto
as Exhibit "A".
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of � 11993.
- Mayor -
Y
RECIPIENT: City of Beaumont
STATE PROJECT NO: TX93-90-0120
STATE CONTRACT NO: 513XXF6016
AMENDMENT TO CONTRACT
NO. 1
STATE OF TEXAS H
COUNTY OF TRAVIS H
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
Beaumont hereinafter called the "Contractor".
WITNES4TH
WHEREAS, on September 23, 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 $175, 278) .
II. All of the other terms, conditions and provisions of
the original contract shall remain in full force and effect.
EXHIBIT "A"
IN TESTIMONY WHEREOF, the parties hereto have , caused these
presents to be executed.
STATE OF TEXAS CITY OF BEAUMONT
Certified as being executed By:
for the purpose and effect of
activating and/or carrying
out the order, established Title:
policies or work programs
heretofore approved and Date:
authorized by the Texas
Transportation Commission
under the authority of
Minute Order 101598. ATTEST:
APPROVED:
By:
Director of Public
Transportation Date:
Date: APPROVED:
RECOMMENDED FOR EXECUTION:
Sim
ReQu,
District Engineer, District 20
01/12/93 ATTACHMENT A
CONTRACT BUDGET
CONTRACTOR: CITY OF BEAUMONT
STATE PROJECT NO.:TX93-90-0120
CONTRACT NUMBER: 513XXF6016
FTA NUMBER: UNKNOWN
LINE ITEM # DESCRIPTION TOTAL FEDERAL STATE STATE STATE LOCAL
FORMULA DISC CSP
TX-90-
II. OPERATING 50/25/25
1 OPERATING 1,650,000 825,000 , ' 109,057 52,136 14,085 649,722
----------- ----------- ----------- ----------- ----------- -----------
1,650,000 825,000 50% 109,057 7% 52,136 3% 14,085 1% 649,722 39%
----------- ----------- ----------- ----------- ----------- .........--
TOTAL 1,650,000 825,000 50% 109,057 7% 52,136 3% 14,085 1% 649,722. 39%
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.
*federal,state or local
Sigm-
Requi
Signature of Certifying Official
Title
Date
Furm 1734-A
4-K5
Certification Information
This certification is to be used by contractors pursuant to 49 CFR 29 when any of the
following occur.
• any transaction between the contractor and a person (other than a
procurement contract for goods and services),regardless of type,under
a primary covered transaction
• any procurement contract for goods or services when the estimated cost is
$25,000 or more
• any procurement contract for goods or services between the contractor
and a person,regardless of the amount,under which the person will have
a critical influence on or substantive control over that covered trans-
action. Such persons include principal investigators and providers of
federally-required audit services.
A procurement transaction is the process of acquiring goods and services.
A nonprocurement transaction is the granting of financial assistance to entities to
assist the grantor in meeting objectives that are mutually beneficial to the grantee
and grantor.
A COPY OF THIS CERTIFICATION IS TO BE FURNISHED TO
AUTHORIZED REPRESENTATIVES OF THE STATE OR THE U.S.
DEPARTMENT OF TRANSPORTATION UPON REQUEST.
Lower Tier Participant Debarment Certification.
(Negotiated Contracts)
unsen numr of certifying official) being duly sworn
or under penalty of perjury under the laws of the United States,certifies that
neither nor its
ti name of lower uer partic�puiil
principals are presently:
• debarred,suspended,proposed for debarment,
• declared ineligible, ,
* or voluntarily excluded from participation in this transaction
by any Federal department or agency
Where the above identified lower tier participant is unable to certify to any of the
above statements in this certification,such prospective participant shall indicate
below to whom the exception applies,the initiating agency,and dates of action.
Exceptions will not necessarily result in denial of award,but will be considered in
determining contractor responsibility. Providing false information may result in
criminal prosecution or administrative sanctions.
EXCEPTIONS:
Signature of certitying ofTival
Title
Uate of C.er:uicauun
Set- Reverse for Informatiun
If. .1 M4
CERTIFICATION
of
Restrictions on Lobbying
I, hereby certify
(name and title of grantee official)
on behalf of 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 er..ployee 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. Code. Any person who fails to file the
required certification shall be subject to a civil penalty or o, .-
less than $10,000 and not more than $100, 000 for each such
failure. Signa-
Requi:
Executed this day of 19
By
(signature of authorized official )
(title of au;t:. ize:! officia:;
Fedet egister / Vol. 54. No. 243 / Wednesday. L tuber 20. IM / Notices ,Z
DISCLOSURE Of LOB O1M-0D
LOBBYING ACTIVITIES W-00'QOvO"6
a
Complete this form to disdose lobbying activities pursuant to 31 U.S C. 13S2
($ee reverse for puW,L burden dikloswe.)
t. Type of Federal Action: t statsn of Federal Action i Upon Typr.
❑ a. contras? a. bi6offerrappliution a. initial filing
b. Brant b. initial award ❑ b. material change
c. cooperative agreement For Matevial t e Onlr
d. {oar post-award �y b+"i quarter
C. ban guarantee
f. ban insurance date of last report
Name and Address of Reporting bury: s. r Reporting Entky In No.4 is Subamrardet,Eater Narne
O Prime O Subawardee amd Addrtu of Prime'
Tier ,if known:
C ressional Distrkt dknow»- C District,if known:
i. Federal DtpartmmLAgenc)r 7. Federal Program Name•Descriptiorc
CFDA Number,/applicable:
ft. Federal Action Number,d known: I Award Amount N known:
S
10. a. Name and Address of Lobbying InT d Individuals Fedor n�g services(nfcludmg address of
(d rndlwdual,last name,first name..'
ame.' D., doMerent from ho. 7
(last name,lint name.Ml}
larrae C.'1`1104A"Or sh VS)Y-U(•A rr Iwefnjan'1
11. Amount of Payment(check all that apply'): 13. Type of Payment(check a/1 dw app!)•;.
S O actual O planned O a. retainer
O b. one-time Fee
12. Form of Payment (check all that apply): O c. commission
• a. cash O d. contingent lee
• b. in-kind.specih: nature O e. deferred
value C I. other,specih:
14. Brief Description of Services►erfo wd at to be Pedortmed and Duels)of Service,including oHicer4l.employee("
or Member(s)contacted for Payment Indicated in Item it:
AMMA t:eMM.ArIM YWVK&f Slut A tit
1S. continuation Well(s)SF•LU-A snacked O Yes O No
ti bdwm~ nol.ffd Atoll' M.iw•.,d1.a„d w w It US.0
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r own Now ~ oAof we rowed ti M M. ASow ~ fro
P-%W MR..MAO.W"wfd aft 1M OWIMM w"a wd pnrrw is ►rirM Namme:
f1 VI C 13S) rAw wa+ws 1A fA opq/ M P.C VM OWN. Mr. '
&W%.&%.r.a to wA+ ..r f.AAk 0"Wro AR P f^we*bib ra
fw OW low-no dw+000M"69 WIWI r f ewr fft�of loo~040 Tetephome No. Date
S fr as W rot+.w thw S MAN IV wh.ab"M
Federal Use Omlr: A'1M.ud rot LM'l Aft-a cu"
Sfaad"d form.Itl
S2324 Fred, Register / Vol. M. No. 243 / Wednesday, ,ember 2t). 19tw I notices
INSTRUCTIONS FOR COMPLETION OF SF•LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by else repurting 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 3' U.S.C.
section 1352.The filing of a form is required for each payment a agreement to male payment to any lobbying entity 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 a covered Federal action. Use the
SF•LLL-A Contiriustion 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 ww&or has been secured to influence the
outcome of a covered Federal action.
2. Ident)fy the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this Is a bllowup 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
previocis)y submitted report by this reporting entity for ttis covered Federal action.
4. Enter the fu11 name, address, city, state and zip 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 tst 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 narre, address, cjr?. 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 known. 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 pants, cooperative agreements, loans, and loan
commitments.
II. 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 (IFB) number, grant announcement number, the contract,
grant, or loan award number, the applicatiorvproposal control number assigned by the Federal agency). Include
prefixes,e.g.,"RFP•DE-10-001."
9. For a covered Federal action where there has been an award or ban commitment by the Federal agency, enter the
Federal amount of the award loan commitment for the prime entity identified in item 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 f l! addfress if different from 10 (a).
Enter Last Name,First Name,and Middle Initial(MI).
11. Enter the amount of compensation paid or reasonably, expected to be paid b,, the reporing entity (item 4) to the
lobbying entity(item 1o). indicate whether the payment has been made iactuati or will be made(planned). Check
all boxes that apply. If this is a material chance report,enter the cumulative amount of payment made or planned
to be made.
12. Check the appropriate box(es). Check an boxes that apply. If payrnent is made through an in-kind contribution,
specify the nature.and value of the indtind payment.
13. Check the appropriate box(es). Check all boxes that apply. if other,specify nature.
14. Provide a spedfic and detailed description of the services that the lobbyist has performed, or will be expected to
perform,and the dates)of any services rendered.Include all preparatory and related activity.not just time spent in
sctusl contact with Federal offidals. Identify the Federal Wodal(s) or emplo)Ws) contacted or the officer(s),
employee(s).or MembeKs)of Conies that were contacted.
1S. Check whether o►not a SF41L.A Continuation Sheet($)k gbh,
16. The certifying official shall sign and date the tank print Wier name,title.and tekphone number.
M+bk►epon"I burden for Ow cdlecton of w4wiir►abw is estimated to average 30 nrntues per responw.including brne for rev.ewing
-strumons,sears"e.num data sources,gathering and mvnu"ere data needed.and cornpleung and rewe+.vsg the colkcoon of
WOMmtwn Send con+eients regarding the burden estimate or any ocher aspect of this cotlectan of ankm aeon,mchmkng suggesuans
for reducing the burden,to the Office of wtanagerrserit and budget Papenro►1 Iteduc,t*n Protect(03416 W46).Wnh*Won,D C 20503
19dera) Register / %lot. 54. No. 243 f Wednesday. December 20. 1989 / Notices 52325
DISCLOSURE OF LOBBYING ACTIVITIES Ar^ve°a°k"
CONTINUATION SHEET ���
52326— Federal Register ' Vol. 54. No. 243 / Wednesday. December 20. 1989 / Notices
Appendix 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 ependent
as well as Ind
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, amendzent, or
modification of any Federal ,6ontract, grant, loan, or
cooperative agreement.
Covered Federal action does not include receiving from an agency
a com.-ittent providing for the United States to insure or
guarantee a loan.
"Indian tribe" and "tribal organization" have the mewing
provided in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 4508) . 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 office: 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
local for the Performance of a governmental duty, including a
Public authority, a special district, an intrastate
district, a council of governments, a sponsor
group
representative organization, and any other instrumentality of
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 ip 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 is, U.S. Code; and,
21
tede tegister / 01. 54. No. Z4J eaneWdy. .Mucr 2U. 1989 hoUces 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.
"Person" 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 term . 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 furnished to, not funded by, or not
furnished 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. I '
"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 an 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.
"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.
(1) 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
S2320 Federal 1 Ater / vol. 54. No. 243 / Wednesday. Dec, Ar 20. ]989 / 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 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) 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*yl) 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.
(8) For �
section purposes of paragraph� (A) of this
providing any information specifically requested by an
agency or Congress is allowable at any time.
(b)Cz)t:
(C) For purposes of paragraphp (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 &(I) Discussing with an agency (including
individual deaonstrations) the qualities and characteristics of
the person's products or services, conditions or terms of sale,
and service capabilit4esf and,
I (1i) Technical discussions and other
activities regarding the application or adaptation of the
person's products or services for an agencyls use.
(b)(2) )
(D) For
purposes of paragraph (A) of this
section, the following agency and legislative liaison activities
are allowable only where they .are prior to formal solicitation of
any covered Federal action:
.; (i ) Providing any information not
.specifically requested but necessary for an agency to make an
informed decision t initiation of a covered Federal actions
o 3*( i) Technical discussions regarding the
preparation f an unsolicited proposal prior to its official
submission; and, 0 1 .
i)agency Capability presentations by persons
seeking awards from an
Small Business Act, as mened ursuant to the provisions of the
subsequent amendments. Public Law 95-507 and other
22
Fed Register f Vol. 54, No. 213 / Wednesday. Zember 20, 1989 / Notices 52329
(E) Only those activities expressly authorized by
paragrap11a(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&J1) of this section, does not apply in the
case of a payment o 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. wci)01)
.(8) For purposes of paragraph (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' mads 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
S2330 FS&M .Sister / Vol. 54. No. 243 / Wednesday. D._:mber 20. Ing / Notices
bX (o) Only those services expressly authorized by
paragraph �(ii) f this section are allowable under paragraph (b)(z)
(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 paragraph U l) 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.
(Wa)is%le)
section • (8) For purposes of paragraphs (A) of this
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 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 Dot provide legal advice or analysis directly and
solely related to the legal aspects Of his or her ciient,s
proposal, but generally advocate one proposal over another are
not allowable under this section because the lawyer is not
providing professional legal services.
with the intent to Influence mad*vic similarly, communications
engineering analysis prior to the � an engineer providing an
bid or p preparation or submissiorL of a.
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.
25
— —_ Federal Reliater J Vol. Si. No. 243 J Wednesday. p--*mber 20, 1W J Notices 63331
(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.
COCO (E) Only those services expressly authorized by
paragraphs (iv) of this section are allowable under paragraph(b)(2-)
(iv) .
(c) Disclosure.
(1) Each person who requests or receives from an agency a
Federal contract shall file with 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 -requestp 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 agreed to make any payment using
nonappropriated funds (to include profits from any covered
Federal action) , which would be prohibited under paragraph (b) of
this clause if paid for With appropriated funds.
(3) Each person shall file a disclosure form at the and of
each calendar quarter in Which there occurs any event that
requires disclosure or that materially affects the accuracy of
the information contained in an disclosure form previously filed
by such person under paragraph(cX 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
influencing attempting tom influence raocoveredrFederaliaction;
or,
(iii) A change in the officer(s) , employee(s) , or
Member(s) 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)(i) of this section a subcontract
exceeding $100,000 at any tier under a Federal contract shall
file a certification, IM a disclosure form, if required, to the
next tier above.
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S'2332 Fede,..i Register / Vol. 54, No. 243 / Wednesday. uecemlmr :0. 198q Notices
(5) All disclosure forms, but not certifications, shall te
forwarded, from tier to tier until received by the person referred
to in pa ragrap*4)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.
(e) Penalties.
(1) 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
form to be tiled or amended if required by this clause, shall be
subject to a civil penalty of not less than $10,000 and not mere
than $100,000 for each such failu r e.
o
(3) Contractors may rely without liability on the
representations made by their subcontractors in the certification
and disclosure form.
(f) Cost allovability. 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.
(End of Clause)
!FR Doc 89-2V32 Filed 2:riG 1&05 Or.j
es"M ooe:311""-C
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