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<br />Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution
<br />Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368),
<br />Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable
<br />provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the
<br />Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor
<br />Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are
<br />contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation
<br />Act (P.L. 94-163).
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<br />ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN
<br />TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020
<br />AND AS AMENDED OCTOBER 26, 2020)
<br />Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered
<br />telecommunications equipment or services as a substantial or essential component of any system, or as critical
<br />technology as part of any system. Covered telecommunications equipment or services means 1)
<br />telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any
<br />subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities,
<br />physical security surveillance of critical infrastructure, and other national security purposes, video surveillance
<br />and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision
<br />Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3)
<br />telecommunications or video surveillance services provided by such entities or using such equipment; or 4)
<br />telecommunications or video surveillance equipment or services produced or provided by an entity that the
<br />Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal
<br />Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,
<br />the government of a covered foreign country. Respondent must comply with requirements for certifications. The
<br />provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required
<br />representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition
<br />threshold and to acquisitions of commercial items, including commercially available off the-shelf items.
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<br />ARTICLE 35: DOMESTIC PREFERENCE
<br />In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant
<br />award funds H-GAC should, to the greatest extent practicable, provide a preference for the purchase, acquisition,
<br />or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum,
<br />steel, cement, and other manufactured products). H-GAC must include this requirement in all subawards
<br />including all contracts and purchase orders for work or products under the federal grant award. If Contractor
<br />intends to qualify for Purchase Orders using federal grant money, then it shall work with H-GAC to provide all
<br />required certifications and other documentation needed to show compliance.
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<br />ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS
<br />The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse
<br />as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency.
<br />The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal
<br />activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall
<br />notify H-GAC of any serious accident or incident requiring medical attention arising from its activities under this
<br />Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan
<br />to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within
<br />two (2) hours of discovery of any such act.
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<br />The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas,
<br />the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full
<br />investigation of all such incidents.
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<br />REV: 12-14-23 MI
<br />ATTY/AGR.2023.310/Motorola (Radios) (Page 43 of 62)
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