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Clean Water Act,Section 513 and the Safe Drinking Water Act,Section 1450(e)."This term and condition applies to all agreements to provide assistance under the authorities referenced herein,whether in the form of a loan,bond purchase,grant,or any other vehicle to provide financing for a project,where such agreements are executed on or after October 30,2009. See "Attachment A"for the Davis Bacon wage rate requirements. Responsibilities of Participants Re¢ardina Doin¢Business with Other Persons(Debarment) Borrower shall fully comply with Subpart C of 2 C.F.R.Part 180 entitled,"Responsibilities of Participants Regarding Transactions Doing Business with Other Persons,"as implemented and supplemented by 2 C.F.R.Part 1532.Borrower is responsible for ensuring that any lower tier covered transaction,as described in Subpart B of 2 C.F.R. Part 180,entitled"Covered Transactions,"and 2 C.F.R. § 1532.220,includes a term or condition requiring compliance with 2 C.F.R.Part 180,Subpart C.Borrower is responsible for further requiring the inclusion of a similar term and condition in any subsequent lower tier covered transactions.Borrower acknowledges that failing to disclose the information required under 2 C.F.R. § 180.335 to the EPA office that is entering into the transaction with the Borrower may result in the delay or negation of this assistance agreement,or pursuance of administrative remedies,including suspension and debarment. Borrowers may access the System for Award Management (SAM)exclusion list at https:Hsam.gov/SAM/to determine whether an entity or individual is presently excluded or disqualified. Utilization of Disadvantaeed,Minority and Women's Business Enterprises The Borrower agrees to comply with the requirements of EPA's Program for Utilization of Disadvantaged, Minority and Women's Business Enterprises (DBE/MBE/WBE) in procurement under assistance agreements,contained in 40 CFR Part 33. This includes the contract administration provisions of 40 CFR 33.302. GOOD FAITH EFFORTS,40 CFR,Part 33,Subpart C Pursuant to 40 CFR,Section 33.301,the Borrower agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement,and to require that prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained. (a) Require DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients,this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules,where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process.This includes, whenever possible,posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. D-2