Demolition/Abatement Constracts (Folders 1-2)

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Chapter 4: Mcthods of Selection http://ww~t~.fta.dot.gov/fta/libraryJadmin/BPPmanJsect 40.htm UIItEMENT § 3.e of the Master Agreement states that: e. Restrictions on Lobb~g. The Recipient agrees as follows: (1) The Recipient agrees that it will not use Federal assistance funds to support lobbying. (2) In accordance with 31 USC § 1352 and USDOT regulations, "New Restrictions on Lobbying," 49 CFR Part 20, if the Recipient's Project exceeds $100,000, FTA will not make any Federal assistance available to the Recipient until FTA has (a) received the Recipient's certification that the Recipient has not and will not use Federal appropriated funds to pay any person or organization to influence or attempt to influence an officer or employee of any Federal department or agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal grant, cooperative agreement, or any other Federal award from which funding for the project is originally derived, consistent with 31 USC § 1352, and (b) if applicable, the Recipient's statement disclosing any lobbying with non-Federal funds that has taken place in connection with obtaining any Federal financing ultimately supporting the Project. (3) The Recipient agrees to provide FTA a copy of each lobbying disclosure statement with the accompanying lobbying certification provided by a prospective third party contractor at any tier or subrecipient at any tier. In discussing the Federal requirements to be included for contracts whose award amount exceeds $100,000, § 36.c(3)(a) of the Master Agreement provides: (a) Lobb n~ng. The lobbying requirements of Subsection 3.e of this Master Agreement must be included. Among other things, each prospective third party contractor or subrecipient to which the lobbying requirements of Subsection 3.e of this Master Agreement apply must provide the requisite lobbying certification (and any disclosure statement necessary), as explained in Subsection 3.e of this Master Agreement, before funds derived from Federal assistance may be used to finance the third party contract or sub-agreement. DISCUSSION The requirements set forth above have been inctuded in all grants between the FTA and its grantees with a requirement that the certification flow down to all contractors and subcontractors for whom a contract involving federal funds in eacess of $100,000 is contemptated. The requirement has two aspects to it: First, the certification itself must be ezecuted and returned with the bid or proposat. Second, in the event funds of any sort have been used for tobbying activities73 by the contractor or any subcontractor; a Standard Form-LLL, "Diselosure Form to Report Lobbying" must also be completed. It is your uttimate responsibility to ensure that these certifications and disclosure forms are submitted to the FTA.~~ Best Practices 30 of 45 O 1/l0/97 13:09:43