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<br />Page 25 of 44 <br /> <br />The Subrecipient further agrees by signing this Contract that it will include the clause titled “Certification <br />Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” <br />as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier <br />covered transactions: <br />a. LOWER TIER COVERED TRANSACTIONS <br />The lower tier Subrecipient certifies, by signing this Contract 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 />Where the lower tier Subrecipient is unable to certify to any of the statements in this Contract, such <br />contractor shall attach an explanation to this Contract. <br /> <br />The terms covered transaction, debarred, suspended, ineligible, lower tier covered <br />transaction, person, primary covered transaction, principal, and voluntarily excluded, as <br />used in this section, have the meanings set out in the Definitions and Coverage sections of the <br />rules implementing Executive Order 12549. You may contact COMMERCE for assistance in <br />obtaining a copy of these regulations. <br /> <br />12. 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 Americans <br />with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local building Department. <br /> <br />13. Confidentiality/Safeguarding of Information <br />a. “Confidential Information” as used in this section includes: <br /> <br />i. All material provided to the Subrecipient by COMMERCE that is designated as <br />“confidential” by COMMERCE; <br /> <br />ii. All material produced by the Subrecipient that is designated as “confidential” by <br />COMMERCE; and <br /> <br />iii. All personal information in the possession of the Subrecipient that may not be disclosed <br />under state or federal law. <br /> <br />b. The Subrecipient shall comply with all state and federal laws related to the use, sharing, transfer, <br />sale, or disclosure of Confidential Information. The Subrecipient shall use Confidential Information <br />solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any <br />Confidential Information to any third party except with the prior written consent of COMMERCE or <br />as may be required by law. The Subrecipient shall take all necessary steps to assure that <br />Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or <br />disclosure of Confidential Information or violation of any state or federal laws related thereto. <br />Upon request, the Subrecipient shall provide COMMERCE with its policies and procedures on <br />confidentiality. COMMERCE may require changes to such policies and procedures as they apply <br />to this Contract whenever COMMERCE reasonably determines that changes are necessary to <br />prevent unauthorized disclosures. The Subrecipient shall make the changes within the time <br />period specified by COMMERCE. Upon request, the Subrecipient shall immediately return to