Modification No. 15 (Unsigned) & Cooperative Agreement No. 99-FC-60-11870

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b. Affirmative steps shall include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; (5) Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce as appropriate, and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in b.(1) through (5) above. D.10 NOTICE REGARDING BUY AMERICAN ACT In accordance with Section 505 of Pub. L. 104-46 (109 Stat. 419), as implemented by 43 CFR 12.710, please be advised of the following: It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made. D.11 RESOLVING DISAGREEMENTS In entering into a cooperative agreement with the Nebraska Community Foundation, the other parties to the Agreement are committed to working with the Foundation and each other in a harmonious manner to achieve the objectives of the project successfully. When disagreements arise among the parties, they must be resolved according to the procedures discussed below: a. Reclamation and the States shall attempt first to resolve disagreements with the Foundation through informal discussion with the foundation's Project Director. b. If the disagreement cannot be resolved through informal discussion among these parties, the Executive Director will arrange a formal meeting between the Foundation=s Project Director and the Governance Committee. If agreement still cannot be reached, the parties will collectively decide on any varied approaches which might be used to resolve the disagreement. The parties shall be responsible for their individual expenses related to any approach utilized to resolve the disagreement. If attempts at resolving the disagreement fail, Reclamation and the States shall meet and make a decision with approval of the Governance Committee. The Foundation may pursue the appropriate appeals process if there is a disagreement with the decision. c. Nothing herein shall be construed to delay or limit Reclamation=s right to take immediate and appropriate action, as set forth at 43 CFR, Subpart 12.83, in the event of material noncompliance by the foundation, and no attempts at informal resolution shall be necessary. Page 11 of 32