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'. ' (5) Using t ervices and assistance of the Small Busi. Administration, and the Minority <br />, Business Deve{opment Agency of the Department of Commerce as appropriate, and <br />(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative. steps <br />{isted in b.(1) througfi (5) above. <br />D.10 NOTICE REGARDING BUY AMERICAN ACT <br />In accordance with Section 505 of Pub. L. 104-46 (109 Stat. 419), as implemented by 43 CFR 12.710, please <br />be advised of the following: <br />It is the sense of the Congress that, to the greatest extent practicable, all equipment and products <br />purchased with funds made available in this Act should be American-made. <br />D.I 1 RESOLVING DTSAGREEMENTS <br />In entering into a cooperative agreement with the Nebraska Community Foundation, the other parties to the <br />Agreement are committed to working with the Foundation and each other in a harmonious manner to achieve <br />the objectives of the project successfully. When disagreements arise among the parties, they must be resolved <br />according to the procedures discussed below: <br />a. Reclamation and the States shal( attempt first to resolve disagreements with the Foundation through <br />informal discussion with the foundation's Project Director. <br />b. If the disagreement cannot be resolved through informal discussion among these parties, the <br />Executive Director will arrange a formal meeting between the Foundation's Project Director and the <br />Governance Committee. If agreement still cannot be reached, the parties will collectively decide on any <br />-varied approaches which might be used to resolve the disagreement. The parties shall be responsible for their <br />individual expenses related to any approach utilized to resolve the disagreement. If attempts at resolving the <br />disagreement fail, Reclamation and the States shall meet and make a decision with approval of the Governance <br />Committee. The Foundation may pursue the appropriate appeals process if there is a disagreement with the <br />decision. <br />c. Nothing herein shall be construed to delay or limit Reclamation's right to take immediate and <br />appropriate action, as set forth at 43 CFR, Subpart 12.83, in the event of material noncompliance by the <br />foundation, and no attempts at infortnal resolution sha(1 be necessary. <br />Any post-award issue will be open for resolution in accordance with the above procedures, with the exception <br />af disagreements regarding continuation of the agreement (since either party may terminate the agreement <br />with the specified notice), or other matters specifically addressed by the agreement itself. <br />D.12 CERTIFICATES <br />The following certifications are incorporated by reference and made a part of this agreement: <br />Certifications Regarding Debarment, Suspension, and Other <br />Responsibility Matters, Drug-free Workplace Requirements and Lobbying (DI-2010) <br />Page 13 of 26