Common use of FEDERALLY REQUIRED PROVISIONS Clause in Contracts

FEDERALLY REQUIRED PROVISIONS. a. EQUAL EMPLOYMENT OPPORTUNITY Contractor must comply with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” b. NON-DISCRIMINATION CERTIFICATION Instructions for Nondiscrimination Certification 1. In accordance with National Science Foundation (NSF) policy, by signing the Contract, the Contractor is providing the requisite Certification of Compliance with NSF Nondiscrimination Regulations and Policies. This Certification sets forth the nondiscrimination obligations with which all Contractors must comply. These obligations also apply to subcontractors under the Contract. The Contractor therefore, shall obtain the NSF Nondiscrimination Certification from each organization that applies to be, or serves as a subcontractor under the Contract (for other than the provision of commercially available supplies, materials, equipment, or general support services) prior to entering into the subcontractor arrangement. 2. The Contractor shall provide immediate notice to OSU if at any time the Contractor learns that its certification was erroneous when submitted, or has become erroneous by reason of changed circumstances. 3. Certification of Compliance with National Science Foundation Nondiscrimination Regulations and Policies: By signing the Contract, the Contractor hereby certifies that the Contractor will comply with Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq), Title IX of the Education Amendments of 1972 (20 USC §§ 1681 et seq.), the Rehabilitation Act of 1973 (29 USC § 794), the Age Discrimination Act of 1975 (42 USC §§ 6101 et seq) Equal Employment Opportunity (E.O. 11246) Limited English Proficiency (LEP) [E.O. 13166] and all regulations and policies issued by NSF pursuant to these statutes. To that end, in accordance with the above-referenced non-discrimination statutes, NSF’s implementing regulations and policies and OSU’s policies on non-discrimination, no person in the United States shall, on the ground of race, color, national origin, sex, disability, age, gender identity or expression, genetic information, marital status, religion, sexual orientation, or veteran status be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any NSF Federally funded program or activity for which the Contractor receives a contract award or Federal financial assistance from NSF or OSU; and HEREBY CERTIFIES THAT it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Contractor by NSF, this Certification shall obligate the Contractor, or in the case of any transfer of such property, the transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this Certification shall obligate the Contractor for the period during which it retains ownership or possession of the property. In all other cases, this Certification shall obligate the Contractor for the duration of the NSF Federally Funded contract award or the period during which the Federal financial assistance is extended to it by NSF. THIS CERTIFICATION is given in consideration of and for the purpose of obtaining any and all Federal grants, cooperative agreements, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Contractor by NSF, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date. The Contractor recognizes and agrees the award of this contract was made in reliance on the representations and agreements made in this Certification, and that the United States shall have the right to seek judicial enforcement of this Certification. This Certification is binding on the Contractor, its successors, transferees, and assignees. c. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS 1. Pursuant to OSU Standard 03-010, Section 5.8.1 and OSU Policy 316-001, the Contractor hereby certifies that they have not and will not discriminated against Minority, Women Service-Disabled or Emerging Small businesses in obtaining any required subcontracts. 2. The Contractor agrees, in the letting of subcontracts, to take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (d) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

FEDERALLY REQUIRED PROVISIONS. a. EQUAL EMPLOYMENT OPPORTUNITY Contractor must comply with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” b. NON-DISCRIMINATION CERTIFICATION Instructions for Nondiscrimination Certification 1. In accordance with National Science Foundation (NSF) NSF policy, by signing the Contract, the Contractor is providing the requisite Certification of Compliance with NSF National Science Foundation Nondiscrimination Regulations and Policies. This Certification sets forth the nondiscrimination obligations with which all Contractors must comply. These obligations also apply to subcontractors under the Contract. The Contractor therefore, shall obtain the NSF Nondiscrimination Certification from each organization that applies to be, or serves as a subcontractor under the Contract (for other than the provision of commercially available supplies, materials, equipment, or general support services) prior to entering into the subcontractor arrangement. 2. The Contractor shall provide immediate notice to OSU if at any time the Contractor learns that its certification was erroneous when submitted, or has become erroneous by reason of changed circumstances. 3. Certification of Compliance with National Science Foundation Nondiscrimination Regulations and Policies: By signing the Contract, the Contractor hereby certifies that the Contractor will comply with Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq), Title IX of the Education Amendments of 1972 (20 USC §§ 1681 et seq.), the Rehabilitation Act of 1973 (29 USC § 794), the Age Discrimination Act of 1975 (42 USC §§ 6101 et seq) Equal Employment Opportunity (E.O. 11246) Limited English Proficiency (LEP) [E.O. 13166] and all regulations and policies issued by NSF pursuant to these statutes. To that end, in accordance with the above-referenced non-discrimination statutes, NSF’s implementing regulations and policies and OSU’s policies on non-discrimination, no person in the United States shall, on the ground of race, color, national origin, sex, disability, age, gender identity or expression, genetic information, marital status, religion, sexual orientation, or veteran status be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any NSF Federally funded program or activity for which the Contractor receives a contract award or Federal financial assistance from NSF the Foundation or OSU; and HEREBY CERTIFIES THAT it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Contractor by NSFthe Foundation, this Certification shall obligate the Contractor, or in the case of any transfer of such property, the transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this Certification shall obligate the Contractor for the period during which it retains ownership or possession of the property. In all other cases, this Certification shall obligate the Contractor for the duration of the NSF Federally Funded contract award or the period during which the Federal financial assistance is extended to it by NSFthe Foundation. THIS CERTIFICATION is given in consideration of and for the purpose of obtaining any and all Federal grants, cooperative agreements, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Contractor by NSFthe Foundation, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date. The Contractor recognizes and agrees the award of this contract was made that such Federal financial assistance will be extended in reliance on the representations and agreements made in this Certification, and that the United States shall have the right to seek judicial enforcement of this Certification. This Certification is binding on the Contractor, its successors, transferees, and assignees. c. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS 1. Pursuant to OSU Standard 03580-010, Section 5.8.1 and OSU Policy 316061-0010030 (3), the Contractor undersigned hereby certifies that they have not and will not discriminated against Historically Underrepresented Businesses (which means Minority, Women Service-Disabled or Emerging Small businesses Business Enterprises) in obtaining any required subcontracts. 2. The Contractor agrees, in the letting of subcontracts, to take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (d) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. d. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT To the extent applicable, Contractor must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. e. CLEAN AIR AND WATER CERTIFICATION This provision is applicable only if the Contract exceeds $150,000, or a facility to be used has been the subject of a conviction under the Clean Air Act [42 U.S.C. § 7413(c)(1)] or the Clean Water Act [33 U.S.C. § 1319(c)] and is listed by the Environmental Protection Agency (EPA), or the award is not otherwise exempt. The Contractor agrees as follows: 1. To comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). 2. To report violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 3. To comply with all the requirements of Section 114 of the Clean Air Act [42 U.S.C. § 7414] and Section 308 of the Clean Water Act [33 U.S.C. § 1318], respectively, relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in Section 114 and Section 308 of the Clean Air Act and the Clean Water Act, respectively, and all regulations and guidelines issued thereunder before the award of a contract. 4. That no portion of the work required by the award will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date that the award was awarded unless and until EPA eliminates the name of such facility or facilities from such listing. 5. To use its best efforts to comply with clean air standards and clean water standards at the facility in which the award is being performed. 6. To insert the substance of the provisions of this Section into any nonexempt subcontract. f. CERTIFICATION REGARDING LOBBYING Xxxx Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or propose for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. g. ANTI-KICKBACK PROVISIONS Contractor certifies compliance with the Xxxxxxxx “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each Contractor or subcontractor must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Contractor must report all suspected or reported violations to OSU. h. ENERGY POLICY AND CONSERVATION ACT Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). i. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 1. Debarment and Suspension Executive Orders 12549 and 12689. A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide Excluded Parties List System in the System for Award Management (XXX), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” The Excluded Parties List System in XXX contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Before a contract award in excess of $25,000 is made, verification is required that the intended awarded party is not on the government-wide exclusions in the XXX. Required verification must be made by checking the XXX Exclusions. Compliance with Subpart C of 2 CFR Part 180 by checking that the intended awarded party is not listed on the XXX Exclusions, before making a contract award, will flow down from tier to tier for contract awards in excess of $25,000. The inclusion of a term or condition similar to this term, 3.a., is required for any subsequent lower tier contract awards in excess of $25,000. 2. Contractor hereby certifies they are not listed on the government-wide exclusions in the XXX. 3. Contractor agrees they will require the inclusion of a similar term or condition, including the certification below, in any subsequent lower tier contract awards in excess of $25,000. 4. The Contractor hereby certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from a covered transaction by any Federal department or agency; (b) Have not within a three-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (d)(2) of this certification; and (d) Have not within a three-year period preceding this Contract had one or more public transactions (Federal, State or local) terminated for cause or default. 5. Where the Contractor is unable to certify to any of the statements in this certification, such Contractor shall include an explanation with this Contract.

FEDERALLY REQUIRED PROVISIONS. a. EQUAL EMPLOYMENT OPPORTUNITY Contractor must comply with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” b. NON-DISCRIMINATION CERTIFICATION Instructions for Nondiscrimination Certification 1. In accordance with National Science Foundation (NSF) policy, by signing the Contract, the Contractor is providing the requisite Certification of Compliance with NSF Nondiscrimination Regulations and Policies. This Certification sets forth the nondiscrimination obligations with which all Contractors must comply. These obligations also apply to subcontractors under the Contract. The Contractor therefore, shall obtain the NSF Nondiscrimination Certification from each organization that applies to be, or serves as a subcontractor under the Contract (for other than the provision of commercially available supplies, materials, equipment, or general support services) prior to entering into the subcontractor arrangement. 2. The Contractor shall provide immediate notice to OSU if at any time the Contractor learns that its certification was erroneous when submitted, or has become erroneous by reason of changed circumstances. 3. Certification of Compliance with National Science Foundation Nondiscrimination Regulations and Policies: By signing the Contract, the Contractor hereby certifies that the Contractor will comply with Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq), Title IX of the Education Amendments of 1972 (20 USC §§ 1681 et seq.), the Rehabilitation Act of 1973 (29 USC § 794), the Age Discrimination Act of 1975 (42 USC §§ 6101 et seq) Equal Employment Opportunity (E.O. 11246) Limited English Proficiency (LEP) [E.O. 13166] and all regulations and policies issued by NSF pursuant to these statutes. To that end, in accordance with the above-referenced non-discrimination statutes, NSF’s implementing regulations and policies and OSU’s policies on non-discrimination, no person in the United States shall, on the ground of race, color, national origin, sex, disability, age, gender identity or expression, genetic information, marital status, religion, sexual orientation, or veteran status be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any NSF Federally funded program or activity for which the Contractor receives a contract award or Federal financial assistance from NSF or OSU; and HEREBY CERTIFIES THAT it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Contractor by NSF, this Certification shall obligate the Contractor, or in the case of any transfer of such property, the transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this Certification shall obligate the Contractor for the period during which it retains ownership or possession of the property. In all other cases, this Certification shall obligate the Contractor for the duration of the NSF Federally Funded contract award or the period during which the Federal financial assistance is extended to it by NSF. THIS CERTIFICATION is given in consideration of and for the purpose of obtaining any and all Federal grants, cooperative agreements, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Contractor by NSF, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date. The Contractor recognizes and agrees the award of this contract was made in reliance on the representations and agreements made in this Certification, and that the United States shall have the right to seek judicial enforcement of this Certification. This Certification is binding on the Contractor, its successors, transferees, and assignees. c. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS 1. Pursuant to OSU Standard 03-010, Section 5.8.1 and OSU Policy 316-001, the Contractor undersigned hereby certifies that they have not discriminated against and will not discriminated discriminate against Minority, Women Women, Service-–Disabled Veterans or Emerging Small businesses in obtaining any required subcontracts. 2. The Contractor agrees, in the letting of subcontracts, to take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (d) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

FEDERALLY REQUIRED PROVISIONS. a. EQUAL EMPLOYMENT OPPORTUNITY Contractor must comply with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” b. NON-DISCRIMINATION CERTIFICATION Instructions for Nondiscrimination Certification 1. In accordance with National Science Foundation (NSF) policy, by signing the Contract, the Contractor is providing the requisite Certification of Compliance with NSF Nondiscrimination Regulations and Policies. This Certification sets forth the nondiscrimination obligations with which all Contractors must comply. These obligations also apply to subcontractors under the Contract. The Contractor therefore, shall obtain the NSF Nondiscrimination Certification from each organization that applies to be, or serves as a subcontractor under the Contract (for other than the provision of commercially available supplies, materials, equipment, or general support services) prior to entering into the subcontractor arrangement. 2. The Contractor shall provide immediate notice to OSU if at any time the Contractor learns that its certification was erroneous when submitted, or has become erroneous by reason of changed circumstances. 3. Certification of Compliance with National Science Foundation Nondiscrimination Regulations and Policies: By signing the Contract, the Contractor hereby certifies that the Contractor will comply with Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq), Title IX of the Education Amendments of 1972 (20 USC §§ 1681 et seq.), the Rehabilitation Act of 1973 (29 USC § 794), the Age Discrimination Act of 1975 (42 USC §§ 6101 et seq) Equal Employment Opportunity (E.O. 11246) Limited English Proficiency (LEP) [E.O. 13166] and all regulations and policies issued by NSF pursuant to these statutes. To that end, in accordance with the above-referenced non-discrimination statutes, NSF’s implementing regulations and policies and OSU’s policies on non-discrimination, no person in the United States shall, on the ground of race, color, national origin, sex, disability, age, gender identity or expression, genetic information, marital status, religion, sexual orientation, or veteran status be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any NSF Federally funded program or activity for which the Contractor receives a contract award or Federal financial assistance from NSF or OSU; and HEREBY CERTIFIES THAT it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Contractor by NSF, this Certification shall obligate the Contractor, or in the case of any transfer of such property, the transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this Certification shall obligate the Contractor for the period during which it retains ownership or possession of the property. In all other cases, this Certification shall obligate the Contractor for the duration of the NSF Federally Funded contract award or the period during which the Federal financial assistance is extended to it by NSF. THIS CERTIFICATION is given in consideration of and for the purpose of obtaining any and all Federal grants, cooperative agreements, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Contractor by NSF, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date. The Contractor recognizes and agrees the award of this contract was made in reliance on the representations and agreements made in this Certification, and that the United States shall have the right to seek judicial enforcement of this Certification. This Certification is binding on the Contractor, its successors, transferees, and assignees. c. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS 1. Pursuant to OSU Standard 03-010, Section 5.8.1 and OSU Policy 316-001, the Contractor undersigned hereby certifies that they have not and will not discriminated against Minority, Women Service-Disabled or Emerging Small businesses in obtaining any required subcontracts. 2. The Contractor agrees, in the letting of subcontracts, to take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (d) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.