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ii oanoeUiOg, terminating, or suspending of the contract, in whole or in part. <br />Incorporation of Provisions: 8UBREC|P|ENTwill include the provisions nfparagraphs <br />(a) through (f) in every subcontract, including procurement of materials and leases of <br />equipment, unless exempt by the Acts, the Regulations and directives issued pursuant <br />thereto. SUBRECIPIENT will take such action with respect to any subcontract or <br />procurement as KTB or the EPA may direct as a means of enforcing such provisions <br />including sanctions for noncompliance. Provided, that if SUBRECIPIENT becomes <br />involved in, or is threatened with, litigation with a subcontractor or supplier because of <br />such dinentioD. SUBREC|P|ENT may request the State to enter into such litigation to <br />protect the interests of the State. In addition, SUBF<EC|P|ENT may request the United <br />States to enter into such litigation to protect the interests of the United States. <br />4. Disadvantaged Business Enterprise Program Requirements <br />a. SUBRECIPIENT shall not discriminate on the basis of race, color, national origin, or <br />sex inthe award and performance ofany EPA -assisted contract orinthe <br />administration ofits DBE program Orthe requirements of49CFR Part 20. <br />SUBREC|P|ENTshall take all necessary and reasonable steps under 49CFR Part 26 <br />to ensure non-disohnnination in ovvord and administration of EPA -assisted contracts. <br />b. Each sub -award orsub-contract must include the following assurance: The contractor, <br />sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, <br />national origin, oramx/nbhe9mdhnnonceof/h/000ntrncL The contractor shall carry <br />out applicable requirements of 49 CFR Part 26 in the award and administration of <br />EPA'aaois&edoonbncta. Failure bythe contractor &ncarry out these requirements /aa <br />material breach ufthis agreement, which may result /nthe termination Ofthis <br />agreement orsuch other remedy aathe recipient deems appropriate. <br />5. Federal Funding Accountability and Transparency Act Requirements <br />a. As a recipient of funds under this agreement SUBRECIPIENT agrees to comply with <br />the Federal Funding Accountability and Transparency Act (FFATA) and implementing <br />regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the <br />following award terms: <br />and <br />b. SUBRECIPIENT agrees that it shall: <br />i Obtain and provide toKTBoSystem for Award Management (SAM)number <br />(Federal Acquisition Regulation, Part 4.Sub-part 4.11)ifthis award provides <br />more than $25'0OOinFederal funding. The SAM number may bmobtained by <br />visiting the SAM website whose address is: <br />ii. Obtain and provide toKTBaData Universal Numbering System /[}UN8\ <br />number, a unique nine -character number that allows the federal government to <br />track the distribution of federal money. The DUNS number may be requested <br />free of charge for all businesses and entities required to do so by visiting the <br />Dun & Bradstreet on-line registration website ; <br />and <br />o. Report total compensation and names of its top five (5) executives to the State if: <br />i. More than 80%nfannual gross revenues are from the Federal government, <br />and those revenues are greater than $25.O0O'OOO;and <br />ii. The compensation information is not already available through reporting to the <br />U.8.Securities and Exchange Commission. <br />6. Single Audit Report <br />Memorandum mUnderstanding Page <br />