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d) Follow the six affirmative steps stated in 40 CFR Section 30.44(b), Section <br /> 31.36(e), Section 35.3145(d), or Section 35.6580(a), as appropriate. <br /> e) In the event race and/or gender neutral efforts prove to be inadequate to achieve <br /> a fair share objective for MBE/WBEs, the recipient agrees to notify EPA in advance <br /> of any race and/or gender conscious action it plans to take to more closely achieve <br /> the fair share objective. <br /> f) Until the recipient has completed its fair share negotiations with EPA, it agrees <br /> to apply the main State agency's fair share objectives. Once the recipient has <br /> completed its fair share negotiations with EPA, it will apply those objectives. The <br /> recipient also agrees to include in its bid documents the applicable "fair share" <br /> objectives and require all of its prime contractors to include in their bid documents <br /> for subcontracts the applicable "fair share" percentages and to comply with <br /> paragraphs (c) through (e) above. <br /> 5. The cost principles of OMB Circular A-87 are applicable to this award. Since there <br /> are no indirect costs included in the assistance budget, they are not allowable under <br /> this Assistance Agreement. <br /> s. When procuring services, equipment, and/or supplies under this assistance <br /> agreement, the recipient will follow the same policies and procedures it uses for <br /> procurements from its non-Federal funds. The recipient will follow their own <br /> procurement policies and procedures provided that the policies and procedures <br /> conform with EPA regulations 40 CFR Part 31.36 or 30.44 (as applicable) which state <br /> that all procurement transactions will be conducted in a manner providing full and open <br /> competition. <br /> The recipient agrees to comply with Title 40 CFR Part 34, New F~estrictions on <br /> Lobbying . The recipient shall include the language of this provision in award <br /> documents for all subawards exceeding $100,000, and require that subrecipients <br /> submit certification and disclosure forms accordingly. <br /> In accordance with the Byrd Anti-Lobbying. Amendment, any recipient who makes a <br /> prohibited expenditure under Title 40 CFR Part 34 or fails to file the required <br /> certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 <br /> and not more than $100,000 for each such expenditure. <br /> s. Pursuant to EPA's annual Appropriations Act, the chief executive officer of this <br /> recipient agency shall require that no grant funds have been used to engage in lobbying <br /> of the Federal Government or in litigation against the United States unless authorized <br /> under exi-sting law. As mandated by this Act, the recipient agrees to provide <br /> <br /> certification to the award official via EPA Form 5700-53, Lobbying and Litigation <br /> Certificate, or in a written statement. The Lobbying and Litigation certification and final <br /> Financial Status Report shall be submitted within 90 days after the end of project <br /> <br /> period. <br /> <br />