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(5) Using the services and assistance of the Small Business Administration, and the <br />Minority Business Development Agency of the Deparhnent of Commerce as appropriate, and <br />(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative <br />steps listed in b.(1) through (5) above. <br />D.10 NOTICE REGARDING BUY AMERICAN ACT <br />In accordance with Section 505 of Pubic Law 104-46 (109 Stat. 419), as implemented by 43 CFR 12:710, <br />please be advised of the following: <br />It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased <br />with funds made available in this Act should be American-made. <br />D.11 RESOLVING DISAGREEMENTS <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 <br />achieve the objectives of the project successfully. When disagreements arise among the parties, they must <br />be resolved according to the procedures discussed below: <br />a. Reclamation and the States shall attempt first to resolve disagreements with the Foundation <br />through 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 <br />the Governance Committee. If agreement still cannot be reached, the parties will collectively <br />decide on any varied approaches which might be used to resolve the disagreement. The parties <br />shall be responsible for their individual expenses related to any approach utilized to resolve the <br />disagreement. If attempts at resolving the disagreement fail, Reclamation and the States shall meet <br />and make a decision with approval of the Governance Committee. T'he Foundation may pursue <br />the appropriate appeals process if there is a disagreement with the 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 <br />by the foundation, and no attempts at informal resolution shall be necessary. <br />Any post-award issue will be open for resolution in accordance with the above procedures, with the <br />exception of disagreements regarding continuation of the agreement (since either party may terminate the <br />agreement 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 Responsibility Matters, Drug-free <br />Workplace Requirements and Lobbying (DI-2010) <br />D.13 RESTATEMENT <br />This agreement has had a number of modifications and amendments. Thus, to clarify the intent of the <br />parties about the current status of the agreement, this document presents [described in modification 17 as <br />Attachment K] a restatement of the agreement incorpoxating all of the changes set forth in all prior <br />modifications and amendments and in modification 17. A copy of the original contract and copies of prior <br />amendments and modifications are attached as Attachment L.