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D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification
<br />Regarding Debarment , Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
<br />Transaction," as follows, without modification, in all lower tier covered transactions and in all
<br />solicitations for lower tier covered transactions :
<br />LOWER TIER COVERED TRANSACTIONS
<br />a) The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is
<br />presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
<br />excluded from participation in this transaction by any Federal department or agency.
<br />b) Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such
<br />contractor shall attach an explanation to this Grant.
<br />E. The terms covered transaction , debarred , suspended, ineligible , lower tier covered transaction,
<br />person, primary covered transaction, principal, and voluntarily excluded , as used in this section,
<br />have the meanings set out in the Definitions and Coverage sections of the rules implementing
<br />Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of
<br />these regulations.
<br />11. CODE REQUIREMENTS
<br />All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and
<br />federal building, mechanical , plumbing, fire, energy and barrier-free codes . Compliance with the
<br />Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required , as specified by the local
<br />building Department.
<br />12. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
<br />A. "Confidential Information" as used in this section includes:
<br />1. All material provided to the Grantee by COMMERCE that is designated as "confidential" by
<br />COMMERCE ;
<br />2. All material produced by the Grantee that is designated as "confidential" by COMMERCE;
<br />and
<br />3. All personal information in the possession of the Grantee that may not be disclosed under
<br />state or federal law. "Personal information " includes but is not limited to information related to
<br />a person's name, health, finances , education, business, use of government services,
<br />addresses, telephone numbers, social security number, driver's license number and other
<br />identifying numbers, and "Protected Health Information" under the federal Health Insurance
<br />Portability and Accountability Act of 1996 (HIPAA).
<br />B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale,
<br />or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for
<br />the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential
<br />Information to any third party except with the prior written consent of COMMERCE or as may be
<br />required by law. The Grantee shall take all necessary steps to assure that Confidential
<br />Information is safeguarded to prevent unauthorized use , sharing, transfer, sale or disclosure of
<br />Confidential Information or violation of any state or federal laws related thereto . Upon request,
<br />the Grantee shall provide COMMERCE with its policies and procedures on confidentiality .
<br />COMMERCE may require changes to such policies and procedures as they apply to this Grant
<br />whenever COMMERCE reasonably determines that changes are necessary to prevent
<br />unauthorized disclosures. The Grantee shall make the changes within the time period specified
<br />by COMMERCE . Upon request, the Grantee shall immediately return to COMMERCE any
<br />Confidential Information that COMMERCE reasonably determines has not been adequately
<br />protected by the Grantee against unauthorized disclosure .
<br />C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five (5) working
<br />days of any unauthorized use or disclosure of any confidential information, and shall take
<br />necessary steps to mitigate the harmful effects of such use or disclosure .
<br />13. CONFLICT OF INTEREST
<br />Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
<br />may, in its sole discretion, by written notice to the Grantee terminate this Grant if it is found after due
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