ADDENDUM FOR AGREEMENT FOR GOODS AND SERVICES
FUNDED BY U.S. FEDERAL GRANT
(NON-CONSTRUCTION CONTRACTS)
The U.S. Federal Government imposes certain procurement requirements on organizations
receiving financial assistance directly from Federal awarding agencies to carry out a project or program
(“Recipients”). It requires that all contracts, including small purchases, awarded by Recipients and their
contractors shall contain the following provisions. For the Agreement dated [date] (the “Agreement”),
between The Institute of Electrical and Electronics Engineers, Incorporated (“IEEE”) and [name of
vendor] (“Vendor”), the parties agree that (1) the following terms and conditions apply to the Agreement,
(2) the Vendor has the obligation to impose, and shall impose, the same provisions on contractors it may
engage in the performance of this work, and (3) by signing this Agreement, the Vendor makes the
certifications set forth herein."
1. Equal Employment Opportunity – In fulfilling its obligations under the Agreement, Vendor
shall comply with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations
at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor."
2. Rights to Inventions Made Under a Contract or Agreement – To the extent that the
Agreement requires the performance of experimental, developmental or research work, Vendor agrees
that the Federal Government and IEEE shall have rights in any resulting invention in accordance with 37
CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued
by the Federal agency from which IEEE received financial assistance to carry out the work contemplated
by the Agreement (the “Awarding Agency”).
3. Clean Air Act (42 U.S.C. § 7401 et seq.) and the Federal Water Pollution Control Act (33
U.S.C. § 1251 et seq.), as amended – In the event that the fees payable to Vendor under the Agreement
exceed $100,000, Vendor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. § 7401 et seq.) and the Federal Water Pollution Control Act as
amended (33 U.S.C. § 1251 et seq.). Violations shall be reported to the Awarding Agency and the
Regional Office of the Environmental Protection Agency (EPA).
4. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) – Each tier shall certify 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 shall also
disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures shall be forwarded from tier to tier up to IEEE.
The vendor 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 vendor,
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 vendor shall
complete and submit Standard Form LLL, “Disclosure of Lobbying Activities,” in accordance with
its instructions to the IEEE.
(3) The vendor 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 subrecipients 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.
5. Debarment and Suspension (E.O.s 12549 and 12689) – Vendor 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 proposal 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 (1)(b) of
this certification; and (d) Have not within a three-year period preceding this application/proposal had one
or more public transactions (Federal, State or local) terminated for cause or default.
6. Access to Records – Vendor agrees that IEEE, the Awarding Agency, the Comptroller
General of the United States or any of their duly authorized representatives shall have access to any
books, documents, papers and records of the Vendor that are directly pertinent to Vendor’s discharge of
its obligations under the Agreement for the purpose of making audits, examinations, excerpts and
transcriptions.
7. Trafficking in Persons (22 U.S.C. 7104(g)) – Vendor agrees to comply with the Trafficking
Victims Protection Act of 2000 as implemented by 2 CFR 175.
8. Applicability to Subcontractors – Vendor agrees that all contracts it awards pursuant to the
Agreement shall be bound by the foregoing terms and conditions except small awards for which the
provisions may not be applicable.
THE INSTITUTE OF ELECTRICAL AND
ELECTRONICS ENGINEERS, INCORPORATED
[name of Vendor]
By:
By:
Title:
Title:
Date:
Date:
2