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. Circular A-133, Re• I June 24, 1997, "Audits of States, Local vernments, and Nonprofit <br />. Organizations" <br />d. Alt agreements with organizations other than those indicated above shall be in accordance with the <br />basic principles of OMB Circular A-i 10, and cost principles shail be in accordance with Part 31 of the Federal <br />Acquisition Regulations, Subpart 31.2 entitled, "Contracts with Commercial Organizations." <br />D.7. ASSURANCES INCORPORATED BY REFERENCE <br />The provisions of the assurances executed by the foundation in connection with this agreement shall apply <br />with full force and effect to this agreement as if fuliy set forth in these General Provisions. Such assurances <br />include, but are not limited to, the promise to comply with all applicable Federal statutes and orders relating to <br />nondiscrimination in employment, assistance, and housing; the Hatch Act; Federal wage and hour laws and <br />regulations and work place safety standards; Federal environmental faws and regufations and the Endangered <br />Species Act; and Federal protection of rivers and waterways and historic and archeological preservation. <br />D.8. COVENANT AGAINST CONTINGENT FEES <br />The foundation warrants that no person or agency has been employed or retained to solicit or secure this <br />agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, <br />excepting bona fide employees or bona fide offices established and maintained by the foundation for the <br />purpose of securing agreements or business. For breach or violation of this warranty, Reclamation, the states <br />or the Governance Committee, shall have the right to annul this agreement without (iability or, in its discretion, <br />to deduct from the agreement amount, or otherwise recover, the full amount of such commission, percentage, <br />brokerage, or contingent fee. <br />D.9. CONTRACTING WITH SMALL AND MINORITY FIRMS AND WOMEN'S BUSINESS <br />ENTERPRISES <br />It is a national policy to award a fair share of contracts to small and minority business firms. The Department <br />of the Interior is strongly committed to the objectives of this policy and encourages all recipients of its grants <br />and cooperative agreements to take affirmative steps to ensure such fairness. <br />a. The foundation and subrecipients shall take all necessary affirmative steps to assure that minority <br />firms, and women's business enterprises are used when possible. <br />b. Affirmative steps shall include: <br />(1) Placing qualified small and minority businesses and women's business enterprises on <br />solicitation lists; <br />(2) Assuring that small and minority businesses, and women's business enterprises are <br />solicited whenever they are potential sources; <br />(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities <br />to permit maximum participation by smal( and minority business, and women's business enterprises; <br />(4) Estab(ishing delivery schedules, where the requirement permits, which encourage <br />participation by small and minority business, and women's business enterprises; <br />Page 12 of 26