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Contract Provisions Guide <br />32 <br /> <br />“The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or <br />likenesses of DHS agency officials without specific FEMA pre-approval. The contractor shall <br />include this provision in any subcontracts.” <br />4.Compliance with Federal Law,Regulations,And <br />Executive Orders and Acknowledgement of Federal <br />Funding <br />The NFEs and its contractors are required to comply with all federal laws, regulations, and executive <br />orders. Additionally, recipients must acknowledge their use of federal funding when issuing <br />statements, press releases, requests for proposal, bid invitations, and other documents describing <br />projects or programs funded in whole or in part with federal funds.69 <br />4.1 Applicability <br />FEMA recommends that all NFEs include in their contracts a statement acknowledging that FEMA <br />funding will be used in the contract, as well as a requirement that contractors will comply with all <br />applicable federal law, regulations, executive orders, and FEMA policies, procedures, and directives. <br />4.2 Suggested Language <br />The following provides a sample contract clause: <br />“This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion <br />of the contract. The contractor will comply with all applicable federal law, regulations, executive <br />orders, FEMA policies, procedures, and directives.” <br />5. No Obligation by Federal Government <br />FEMA is not a party to any transaction between a NFE and its contractor. Therefore, FEMA is not <br />subject to any obligations or liable to any party for any matter relating to the contract between an <br />NFE and its contractor.70 <br />5.1 Applicability <br />FEMA recommends that the NFE include a statement in its contract that the federal government is <br />not a party to the contract and, thus, is not subject to any obligations or liabilities to any party <br />resulting from the contract. <br /> <br />69 See DHS Standard Terms and Conditions, available at https://www.dhs.gov/publication/fy15-dhs-standard- <br />terms-and-conditions. <br />70 See, e.g., 2 C.F.R. § 200.318(k) (stating that the NFE alone is responsible for the settlement of all <br />contractual and administrative issues arising out of procurements). <br />ATTY/AGR.2025.317/Wood Rodgers, Inc. (Page 69 of 77)